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EcA1641

To contend with men that deny their owne publike Acts, is a hard taske; yet for better manifestation of truth to the Honourable House of Commons, its necessary that somewhat more be said, touching the WineProiect. IT hath been already set forth, and plainely shewed, even by the orders of Vintners Hall. That the retailing Vintners of London contrived that Project at their common Hall in November, 1637. That they prosecuted it, and petitioned for it; And as it appears by the Project it selfe, that none but the Vintners could have contrived it. So the truth is, the covetousnesse of the Vintners, with their desire to Monopolize the sole retailing of Wines, and their pride and malice to the Coopers put them upon it. Their covetousnesse; For they propounded, and would have no lesse then 4.l. a Tunne on all French, and 8.l. on Spanish Wines, to pay the King 40.s. restitution of 6000.l. liberty to dresse meat, sell Sugar, Beere, and Tobacco: restraint of Wines Licenses in or neere the Citie, inlargement of their Charter, and other great benefits: and all this forbare 40.s. a Tun to the King. Their pride and malice to the Coopers. They would not have a Cooper to live, but as their servant, the poore Coopers must not sell a rundlet of Wine, they must be suppressed, to advance their Lords & Masters, the London Vintners, that so they might Monopolize to themselves the retaile of Wines both in Citie and Country. That was the Vintners end by this Project, for by it they tied up the Marchant from selling to Coopers or Countrey Vintners. And albeit the truth of these particulars appeares clearely by the Project it selfe, and the Vintners orders: yet the Vintners are not ashamed to affirme, and that in Print too, in the front of their untrue relation, First, that the generalitie of Retailers disliked this Project. Secondly, that whatsoever they did in it, was by compulsion. Thirdly, that they received great and insupportable losse by it. What truth is in these men? Doth it not plainly appeare by their owne Order of the 22. of November, 1637. That the generality of Retailers contrived it at their Hall, and have they not all taken the benefit of it, viz. a penny and two pence in the quart? Is it then to be beleeved that they disliked it? And what can be more manifest, then that it was the designe and worke of the generality. For the whole Comittee could not, much lesse could Alderman Abel, or any particular man, conclude any thing in it without the consent and direction of the generalitie, as appears fully by the Orders of the sixt, the 22. and the 27. of November, 1637. The Comittee was from time to time to give account of their proceedings to the Generalitie, and were so limited by the orders of the generality. Doth it not appeare by their foresaid Order of the 27. of November, that they petitioned for it. Did they not ratifie and confirme it at a generall Court, as by their Order of the seventh of February 1637. and by eight subsequent Orders made at their common Hall? How vaine then is their pretence of threats, or compulsion. As to the third, That they received great, and almost insupportable losse by it. Doe not all men know that from February 1637. to December 1640. the Vintners have taken on all French Wines 4.l. a Tun, and from February 1637. to this day, being above three yeares and an halfe, on Spanish Wines 8. pound and 12. pound a Tunne, above the set price, and not paid the 40. shillings to the King, one full yeare and halfe. All these excessive gaines they have exacted by colour of this their Project. Ought they not then to bee ashamed to set forth in Print, that they have received great, and insupportable losse by it? But what falshood will not these Vintners affirme for truth, and what truth will they not deny and outface, who say, they have great losse by this Project, when their gaine is so notorious, and deny their owne Orders which they made at their common Hall? Their Orders which they would now denie, have been severall times proved at the Comittee, and out of those their owne Orders (against which no modest or honest men would contend) they have upon tenne severall hearings, beene foure times voted by the Comittee, to bee the Contrivers and Prosecutors of this Project, and Delinquents, and they have been twice so voted by the whole house Commons in these words. Die Mercurij 21. Iulij 1641. Resolved upon the Question. THat the Company of Vintners by their owne offer of 40. shillings per Tunne upon Wines to his Majestie, and demands of libertie to raise a penny per Quart upon French, and two pence a Quart upon Spanish Wines, and prosecuting the businesse, as appeareth by their own Orders, are Contrivers of the said unlawfull Impositions, and are Delinquents. Resolved upon the Question. THat all those Vintners that were parties to the Indentures, Sharers and Contrivers of the said Imposition of 40. shillings per Tunne, and one penny per Quart are Delinquents, and ought to give satisfaction to the Common-wealth. In these Votes there can bee no error: For it appeares clearly by the Vintners Booke of Orders of their Hall, That they offerd the 40. shillings a Tunne, and demanded libertie to raise a penny, and two pence a quart, and prosecuted the businesse; An infallible proofe against them, in which there can be no corruption, and against which no exception can be taken; their owne Booke condemnes them. And the Vintners and seven Counsellors for them were heard by the Comittee, above tenne severall daies with much patience; and upon the testimony of their owne booke of Orders they were on the 17. of Iune, 1641. Voted by the Comittee to be the Projectors, Contrivers and Prosecutors of the said Project, and Delinquents; and that Uote was foure times confirmed by the Comittee. These Uotes standing good against the Uintners, as they are most iust, Master Kilvert is much comforted in a strong Faith, That he shall shew just cause to the Honourable House of Comons to alter their Uotes against him. First, in regard that since that Uote against him, he hath made a materiall part of the truth to appeare, which then he could not so cleerely manifest. Secondly, for that he is ready now to make the whole truth of the business, fully and clearly to appeare, both touching the creation and execution thereof. And in truth, it is another thing then it appeared to the Comittee to be, when he was Uoted. The part of the truth, which he hath already made to appeare, is: That the retailing Vintners contrived this Project amongst themselves, at their common Hall, in November, 1637. Petitioned for it, and prosecuted it. That which he is now ready to prove, is First, that he was not present at, or privie to, the framing or contriving of the said Project; nor came, or sate amongst the Vintners in their Assembles at their Hall, or elsewhere, untill they had contrived, and concluded upon the said Project, and that the chiefe Vintners present at those meetings, have often acknowledged asmuch. Secondly, That a principall witnesse examined against him, when he was voted by the Comittee, hath since his examination acknowledged (as the truth is) that hee was mistaken in the maine point of his testimony. Thirdly, that all those that testified against him, when he was Voted by the Comittee are parties to the Project, and Delinquents; viz. Parties to the Originall contriving the Project. Parties to the indentures of creation, of the Project: And Parties that tooke benefit by the Project. So that they all spoke in excuse of themselves. These particulars he could not so fully prove before the Vote, being much streightned in time by Master Hearne, of Counsell for Alderman Abell, who spent almost two daies in recrimination of Master Kilvert, against truth, and the direction of his clyent, and left not Kilvert two houres for his defence. And fithence these particulars are so materiall, and necessary to master Kilverts just defence, he cannot doubt of the goodnesse of the House of Commons (so great lovers of truth) that they will be pleased to admit him to prove the truth. Lastly, touching the Execution, It appeares fully by a Letter written, and sent to Alderman Abel and master Rowland Wilson, by George Griffith, and confessed by Griffith before the Comittee, that the said Griffith projected and designed the manner of Execution of this Project, and he accordingly put it in Execution, and had 200. pound a yeare Fee for the same. The Letter and Instruction follow in these very words. LAtely meeting with some Judiciall men who were conferring about your present Contract, some said it would be a profitable businesse, if well managed; and confessed that none so fit to manage it as our Company: J was bold to reply, that J was assured it would be well managed, and that we had as able men, both wett and dry Vintners in our Company, to contrive and doe it as any otherwhere could bee selected: and therefore to make good my word, and that the event should proove it, J being a member of our Company, and one of the Assistance, J hold it my dutie to note any thing that will any way advance the said Companies honour and profit: and therefore I present the above written unto your Worhips, which I acknowledge to be meane to your abilities and grave experience; Yet if you please but to peruse it, and to make use of any thing therein fit for your better remembrance, I shall take it as a favour: and so to God Almighty recommending you and all your Worhips good endeavours. I shall ever rest Advice for the better advance of the Worshipfull Company of Vintners Contract, now with his gracious Majestie, and Licenses with the Right Honourable, George, Lord Goring. THe Contractors to have a speciall care to obtain as large a grant, as can be granted, and in particular. 1. That the two Articles first proposed, be absolutely confirmed; especially, those that concerne the libertie, fredome, and good of the Retailing Vintner, as is best knowne to your Worships. 2. That in the Grant a provizo bee made, That his Majestie and his Heires shall put no further Custome, Impost, or charge on Wines, then is at the making of the Grant. 3. That defalcation be made in case of war with France or Spaine. 4. That defalcation bee made in case of plague, or great mortalitie. 5. That defalcation bee made in case any Marchant or Retailer should refuse to pay the 40. shillings per Tunne, and that the Contractors using all possible meanes, and cannot by Law or power compell paiment, in such case fit his Majestie make defalcation. 6. That his Majestie grant an ample Commission to some eminent Nobleman, and to the Contractors and their Deputies, to take and leavie the 40. shillings per Tunne, and for the future, that the Marchant register their sales in thirtie dayes, or in default that hee pay the 40. shillings per Tunne, for such Wines as by the Custom-house, or otherwise, it shall appeare he hath received. 7. That before the day of the commencement of the Contract, that a generall search be made in all Sellars of Wines, and register be taken of them, that the Contractors may receive the 40. shillings per Tunne. 8. That his Majesties rent be made payable once, or at most, but twice in one yeare. 9. That the Contract bee made for at least 14. yeares, and if that will not be granted, then to be well advised, whether you will take the Lord Gorings Licences from him or his Majestie, if you can procure 14. yeares from his Majestie, then all to be taken from his said Majestie; otherwise, under your favour, I hold it fittest you take the Licenses, and continue it from the Lord Goring, and my reason is, that if from his Majestie you have but a short time, and the Contract by your Industry made profitable, others may Farme it heereafter from you, which if you have the Licenses, they will not be so ready, or so able to doe, and so by that meanes you may be assured to have it for 14. yeares. 10. That whereas Sir Iohn Rainenam K. hath the Licenses for Cornwall and Devon. it is very fit for you likewise to take it in, which may bee easily done, and hope on reasonable tearmes, and to move him to grant it, you may advise, that all Marchants that importeth Wines into those parts, must pay 40. shillings per Tunne, and that you will not grant the Retailers in those parts, to sell for a penny a Quart above the rates, except they will come in to you. 11. That you have his Majesties Proclamation, signifying his gracious pleasure for paiment of the 40. shillings per Tun, &c. as Counsell shall advise. Now, as by the Orders of Vintners Hall it appeares, and is so Voted, that this Project was contrived by the Company of Vintners: So it also appeares by this Letter of Griffith, (who was one of the principall Contrivers) That it was designed for the advancement of the Company, and the benefit of the generality: and that Griffith was the principall Projector and contriver in the execution. On the seventh of February, 1637. at a general Court at Vintners Hall, the Project was confirmed by the Generality, and the Contractors named; and six daies after, viz. the 13. of February, Griffith writes to the two principall pillars of the Company, and directs the forme and manner of execution, for the best advancement of the Company. So that now this whole businesse being found to be the worke of the Company, both in the creation and execution, Master Kilvert, is most confident of the justice of the Honorable House of Commons, That they will not punish him for the Vintners offence, there being no Petition, or complaint against him, other then the recrimination of the Counsell of Aldermann Abell, and the Vintners. The truth of the fact touching Kilvert, now manifestly appearing otherwise, then when he was Voted; It can no way derogate from the Honour and Justice of the Honourable House of Commons to recall their Uote. Which hee most humbly prayes, they will vouchsafe to doe in their wonted goodnesse, the rather, sithence by his endeavour and sole charge a great summe of money will bee justly raised from the severall Vintners, that have unjustly taken it from the Subject, by colour of this their Project. For the gaine that the Vintners have made by this Project, It hath beene already shewen and proved before the Comittee, to amount to above two hundred thousand pounds. This their gaine hath risen three several waies. First, by beating downe the Marchants prices, by which alone they have gained, in these three last yeares, above sixtie thousand pounds: this was proved before the Comittee, by Marchants of worth, and appeares by the Marchants prices of the sales of their Wines, certified by order of the Comittee. Secondly, By the penny a Quart on al French, and two pence a Quart on Spanish Wines, Wherby they have gained above one hundred and thirtie thousand pounds, more then they have paid to his Majestie, as by account of the Wines imported in that time, and sold to Vintners, may appeare. Thirdly, By their super-Project upon Spanish Wines, in selling Malligaes and Sherries at the price of Canarie, which is 12.l. a Tunne above the set price, And by this particular, they have gained thirty thousand pounds since February, 1637. when they first tooke the benefit of their Project. Their pretenses of Undergage, Lees, Lecage, long keeping, decay on their hands, and bad debts, are sleight Maskes for their falsehood. Touching Vnder-gage. It was proved before the Comittee, by the testimony of worthy Marchants, Captaine Langham, Captaine Rowden, and others, That all Gascoigne Wines are full gage, and overgage, and those smaller Wines which want of gage are cheap Wines, 3.4.5. nay, 6.l. a Tun under the set price; and no vessell of French Wines wants the value of 20. shillings a Tun in gage. And for Lees, Lecage, and long keeping, they have little relation to the penny a quart, for the charge and inconvenience to the Vintners was the same upon 6.pence a quart, as it is upon 7.pence at most, within the seventh part of 40. shillings a Tunne. For the decay of Wines on their hands: Their Wines were as subject to that before. But its especially provided by the Contract; that they are not to pay, neither did ever Vintner pay for any decaied Wines. Bad debts is as absurd a pretence as the rest, for the penny and two pence a quart occasions no bad debts. How deceitfull then are the allegations and pretenses of the Vintners? when no word of truth is found in any one of them. And what can bee said in their defence. That have still kept this Project on foot to this day, in all parts of their owne private gaine, and the Subjects greevance, and that in contempt of the Votes of the Honourable House of Commons. For although they excuse it by the dearth of French Wines this last Vintage, yet all men know, that Spanish Wines have not beene so cheape for many yeares, And the Vintners (notwithstanding the Vote) have continued the two pence a quart on those Wines being 8. pound a Tunne to this day, and paid the King nothing. And it is a knowne truth that they gaine 6. pence in every 14. pence for a quart of Malliga and Sherry, and 5. pence in every quart of Canary. And they have this yeare drawne three quarts of Spanish for one of French Wine. And it appeares by the severall Entries in the Custome-house at London, onely, That from Michaelmas 1639. to Michaelmas 1641. being but two yeares, there was imported of Spanish Wines, 19901. Tuns. The Lecage whereof being taken out at 15. per cent. there remaines in neate Wine, full 16915. Tuns. Which at 4. pound a Tun, comes to 67660. pound. And thus for Spanish Wines onely two yeares at 4. pound a Tunne, and the Vintners, for almost 4. yeares have taken from the Subjects for those Wines, 8. pound, and 12. pound a Tunne above the price. Now whether the Vintners that were parties to the Indentures, Sharers, and Contrivers of the said Imposition of 40. shillings a Tunne, and a penny and two pence a quart, and that have so long taken the benefit of it, much exceeding the summe of two hundred thousand pounds shall make restitution, or satisfaction to the Common wealth, according to the said votes of the Honourable House of Commons, of the 21. of Iuly last, and in what proportion, is solely in the wisdome of the High Court of Parliament to determine.

Economy

A Reply to a most untrue Relation made, and set forth in Print, by certaine Vintners, in excuse of their Wine Proiect.

A reply to a most untrue relation [...] by certaine vintners, in excuse of their wine project.

EcA1652

IT hath been a thing for many years generally received, That the Design of Spain (and which, to this daie, hee still in his Councils carrie's on) is, to get the Universal Monarchie of Christendom. Nor is it a thing less true (how little soëver observed) that our Neighbors [the Dutch] (after they had settled their Libertie, and been a while encouraged by Prosperitie) have, likewise, for som years, aimed to laie a foundation to themselvs for ingrossing the Universal Trade, not onely of Christendom, but indeed, of the greater part of the known world; that so they might poiz the Affairs of any other State about them, and make their own Considerable, if not by the Largeness of their Countrie; yet, however, by the Greatness of their VVealth; and by their potencie at Sea, in strength and multitude of Shipping. For the clear and certain carrying on of which, there beeing none (that was) like to bee so great a Bar to them, in this their Aim, as theEnglish Nation; nor any that laie so conveniently to keep up a Proportion of Trade with them: It concerned them, therefore, by all means and waies possible to discourage and beat out the English in all places of Trade, as far (at least) as was discreet for them, without too much Alaruming them; or having too early or hastie a Breach with them. Their particular Practices to which purpose in the East-Indies, at Guiny, Greenland, Russia, with the several unfair Carriages (of som among them) to us, in those places; and even in our own Seas, is not intended to bee here mentioned: It sufficeth, that these following Advantages they had clearly gotten above us: The means whereby they have pursued and upheld these Advantages, were By the great number of Shipping they have constantly built; and by the manner of managing their Trade and Shipping, in a conformitie and direction to their Grand End: For, By all which means, VVhich Cheapness of Freight produced again other great Advantages to themselvs; For For, For this method and manner of managing their affairs, daily adding to their stock; and answerably diminishing the Stock and Treasure of this Nation: and by laying it so, as it run thus in a Circle, each part of it (as wee said) strengthning another part: it would unavoidably have tended to a greater and greater disenabling us to hold anie Trade with them: and to have made themselvs, for Wealth and Shipping, the Masters over us: A sufficient testimonie of which (over and above what wee have said also) wee might further see in the actual progress that they had gained upon us in our Shipping. For, And thus, in the waie and manner of the managing the Trade in thier shipping, laie much of their vigilancie to gain their advantage and design upon us. A second Cours (therefore) whereby they do and have upheld their advantages above us, is, The greatness of the Stock they emploie, which (as wee now intimated) was more and more increased by the wisdom of this their Method in Shipping: And which, on the other side, as it did encreas and grow great, did enable them the more to give the Laws of Trade to us, both in the Government of the Exchange, and of the Markets abroad for Forreign Commodities. A third Cours is for the gaining and upholding their Advantages of us, was, The singular and prudent care they took in preserving the Credit of most of those Commodities which are their own proper Manufactures; By which they keep up the Repute and Sale of them abroad; taking hereby a very great advantage of the contrarie Neglect in us; and by this means, likewise, very much damnifying and spoiling us. Which that wee may clearly see of what Import this one thing alone is to us, wee shall here set down certain general Canons, or Rules, belonging to Manufactures. And these (though few) beeing unalterable Laws in all Manufactures, it cannot but bee acknowledged, that it is through our want of the like Care, as our Neighbors, and onely through that, that the Hollander hath anie kinde of Woollen Manufacture: For, 1. The matter of no VVoollen Manufacture groweth in his Countrie at all; but hee is forced to fetch it from other places; whereas wee have it here, within this Nation, plentie. 2. The price of labor depending much upon the price of victuals, hous-rent, and other things necessarie, It is certain (especially to any that know both Countries) that all this is much cheaper with us, then with our Neighbors, and are like so to bee. 3. Our Nation, as they were heretofore the onely workmen of these commodities; so none can excel them for Art, Skill, or Goodness, were but encouragement given them, and an Order, Regulation, and Government of the Manufactures settled among them: And therefore It is not our Neighbor's singular Industrie above us, or a power they have to work cheaper then us; so much as it is the Carelesness of this Nation, in keeping our Manufactures to their due contents, weight, and goodness. Their Neglect in settling a Regulation, Government, and Superspection over them, and in Inflicting due and just punishments for the fals-making of them. That is (humbly conceived to bee) the Caus of the so great thriving of our Neighbor's Cloathing, and of the so great Ruine and Decaie (on the contrarie) of our own Woollen Manufactures, and of the people depending upon them. A fourth Cours taken by our Neighbors, Is, the Improvements of Trade that they have made by their Treaties or Articles of Confederations with other Princes; and by making this their Care and Protection of Trade abroad in all places their Interest of State. Thus taking hold of the Juncture of Circumstances, and making use of the Necessitie of the King of Denmark, they have farmed the Sound of him: Thus also at the Treatie of Munster have they reserved a power of shutting us out of the Scheld, and have carefully in that Peace concluded on several other Articles and Provisions in order to the securing and promoting of their Traffick. And thus &c. A fifth Cours (and not the least means for the upholding and encreasing their Trade) Is, The smalness of their Custom, or Port-duties; also their prudent laying on and taking off Impositions, for the furtherance of their own Manufactures, and for the Incouragement of bringing in som, and Discouragement of bringing in other Commodities; and of which they have given us two ill Instances, The one in laying on a great Tax upon our English Cloths and Manufactures; The other in forbidding our Cloths wholly to bee imported, if drest or died in the Cloth; of both which wee have had som caus to complain long, as beeing plainly an Inhibition of Commerce, and if not strictly against the Laws of Nations; yet at least against the Cours of Amitie, Alliance, and Friendship. A sixt way hath been, The Constant Reward and Incouragement given to persons bringing in Inventions; making of new Discoveries, and propounding things profitable for publick and common interest: which (how little a thing soëver it may seem to som, yet it hath ever been, and is constantly, a very great spur to Industrie. And these are humbly asserted to bee the principal Causes of their so much greatness and flourishing in Trade above us. Other Causes that have been less principal and accessarie to these, are, Animadversion. All which Discours beeing onely an Evidence given in from matter of known fact; It will (as is humbly conceived) manifest it self. I. That our Neighbors have no such extraordinarie advantage in matter of Trade, either through their Countrie, its Situation, or otherwise, as is proper or peculiar to them only, beyond all other Nations, (as hath been long the opinion of som) but it is the manner of their Care; and of the Government that is among them, and the meer vigilancie over Trade, that is observed by them: For, If the Nature of those Courses, which they have taken and pursued for the Incouragement of Trade, bee looked into and considered (as they are obvious to any other that will pleas to heed them) it cannot bee imagined but they shall make any people great, rich and flourishing in Trade, that useth them; and therefore that they will do the like in anie other place as well as in Holland, if put in execution, especially, if it bee a place, as this of ours is, seated for Trade, and the people of the Countrie apt for it. By any of which Courses, if not spied, or (when spied, if) not able to bee prevented, a People or Nation must at length bee straightned and subjected: And every one of which Inconveniencies wee were very manifestly liable unto (as appear's by the foregoing Narrative) through the Advantages our Neighbors had over us, and through the Wisdom of those Courses they had laid in their Trade with us: VVe beeing so near pinched, that it had been very hard, fairly to have wrested our selvs out of the Nets of our Neighbors, had Sweden been as much shut to us, as Denmark; and that the King of Poland likewise could have exercised his Arbitrarie Power on us at Dantzick: And had not (at length) that Cours about our Shipping and Navigation been so happily and timely established by the Parlament; which, as the Necessitie of it could not suddenly bee so well judged of by those that had not considered or been acquainted with the substance of the foregoing Relation: So certainly, beeing laid upon so equal and Necessarie Grounds, if continued to bee exercised, It will bee a means, in som measure, to recover us. For, besides what wee said of the Constraint, that for the foregoing causes, laie upon us, It must even, from the Primitive grounds of Reason, bee acknowledged, That a Common-wealth cannot bee enriched, nor the People thereof provided for, by any other means, then by reducing those very Courses into general Practice, which are used by Private men to that purpose. And Therefore as Private men, that buie and sell to sute the Conveniencies of others, as well as themselvs, do Constantly observ these, or the like Rules: So these Canons and Rules must bee as inviolably observed also by any Nation who will pretend an Interest, hope, or benefit from Trade: otherwise they may just bee reproved of less Care and Knowledg, then common or ordinarie Shop-keepers. Which Rules, notwithstanding, are not to bee pursued by any State, nor can bee imitated by any Common-wealth, without giving all the possible Indulgence and Incouragement, that may bee, to their Shipping. And this whole state of things, and these reasons that have been produced, beeing therefore all of them duly and equally considered, It is hoped, little will remain of Dis-satisfaction (or Objection upon us) about the Parlament's late Act for the Incouragement, and Increas of our Navigation; Which was, indeed, the Thing principally propounded to bee here Argued, and the Censure of which is therefore freely Submitted.

Economy

THE ADVOCATE: OR, A NARRATIVE Of the state and condition of things between the English and Dutch Nation, in relation to Trade, and the consequences depending thereupon, to either Common-wealth; as it was presented in August 1651.

The Advocate.

EcA1668

I Presume, there are few Englishmen so disloyal to their Prince, or, at least, so treacherous treacherons to their Country, who do not wish, that his Majesties real Occasions might be speedily supplyed, and his Majesty thereby enabled fully to perform the Covenants on his part, in that important League, which he hath lately made with his Confederates, for mutual preservation, & the Common Peace of Christendom: All will agree, that his failer therein must needs turn, not only to our Publick Reproach, but to our irreparable damage; That therefore Monies must be granted in Proportion to the Exigence (how great soever) As even the poorest man will not spare a Fee to the Counsellor or Doctor, when Life or Freehold are at stake: the only Disagreement then is, where they shall be raised. The most probable expedients I have met with in Discourse (beside a Land-tax) are Forein Impost, Domestick Excise, and Subsidies: Forein Impost (well placed) might, at another time be very proper, to encourage thrift, and retrench superfluity; but London in its present sad condition, may too much feel it; The Merchant professes he is scarce able, now, to defray the Duties, and expect a contingent benefit, What then shall he do if his Disbursement be greater, and his Sale more difficult? Domestick Excise in a thriving State hath no fellow, It carries no Compost from the Soyl, and even the Labourer pays it cheerfully when work is quick: But how it may pass in Countries, where the Wheele or Plough stand still, is somewhat hazardous: Subsidies have been lately found unequal, and seldom answering the Design; so as, if our occasions should again be urgent, or our Levies very considerable, We are almost cast upon the Rock of a Landtax, as only responsible for great, or present supplies. But, can the Land bear it? Surely No, if it be not limited to the present distress, and sweetned with some Recompense: Alas! Land is at its last Gasp, and ready to give up the Ghost, without a powerful Cordial: Most Parishes can already present some Farms wholly deserted, Neither Tenant being willing to hire, nor Owner able to stock them; Many stocked but to halfs, most to loss: Besides, Land is like the heart, from which all the other Members must receive their Life and Vigour; Great reason therefore have we to cherish our Land, unless we will reduce our selves to the state of a meer Colony; which would manifestly end in our Desolation and Conquest. But were the grand pressure of Usury mitigated, we might, once more, endure this Burthen; nay, I dare say, cheerfully support it; it would, indeed, hazard to sink many, who pay Interest and Taxes too, if they were not as much relieved one way, as they are charged the other: As for those, who are out of Debt, they may do well to entertain themselves with the contemplation of a future Recompense, in the value of their inheritances; As Gentlemen are sometimes pleased in a mean dwelling with a fine Prospect: Thus all honest Interests may be preserved, and the Publick accommodated. It hath alwayes been a received Maxim, That our meer Consumption can scarce be too heavily excised; Then tax Usury, there is no Consumption like it; Excise the Excise-man, for Usury is the grand Excise upon our Land and Trade; If he plead, That Gallants are consumers as well as he, truly, I hope, there are but few of our Gentry, who do not some way deserve their Diet of their Countrey; But, if such there be, they commonly prove but fry to the Usurer, who devours them all. But, methinks, I hear one ask me, What? Will you never have done? Cannot you afford him Six? For shame, let the poor man live in his Calling, as your self and others do. Answ. I perceive my mistake, for I knew not Usury to be a Calling before, and am sorry now to hear it: I wish, he may not thrive in his Calling, for if he do, I am sure his betters cannot in theirs; And yet, I hope, I wish him no harm; For I love his Person, though not his Profession, and would fain perswade him to turn honest Free-holder, or industrious Tradesman. THe Improvement of our Lands, as it is the proper Basis of my Discourse, so is it the only solid one of our Wealth and Trade; and whosoever goes about to lay any other foundation, builds upon the sand: for Traffick without it, is but consuming and borrowing, wherewith we may swagger for a while, But mark the End. We have little hope left us, I suppose, of making the Growth of any other Countrey our Own, when we can scarce afford to manage our own growth, whether English or that of our Plantations, the Dutch dayly more and more underselling us, even in those Commodities which they buy of us: If the culture of our Land should likewise fail, we were (for ought I know) already in the same condition with Ireland, (perhaps worse) that Kingdom being reported naturally more fruitful than this. Here give me leave briefly to observe and insert the visible decay of our Lands in this Kingdom, under the forementioned pressures; which is such, That, to the great disparagement of our Soyl, we are forced already to play at small Game, and cannot afford Ireland the priviledge of breeding Cattel for us. Were our Pastures but tollerably mended, that Kingdom were as convenient a Nursery to this, as Holstein and Jutland, &c. are to Holland, and so that great Controversie might be happily reconciled to our mutual Benefit and Preservation. For every Countrey is so far forth considerable as it is manured and no farther: Whereby an improved Parish becomes oft-times more worth than a neglected Province: I am not sure, Whether Holland alone would not now sell for more than Asia Minor, which once contained so many flourishing Kingdoms; But sure I am, there are many Millions of Acres in that and the adjacent Countreys of Syria, Palestine, &c. which before their Conquest by the Turk, were worth from 20s. to 10l. but could not now be letten for 6d. the Acre, and yet the Land the same, nay the better, (one would think) for long resting. Now the Reason of all this is nothing but the embasing of the Land, which, whether it be done by War, Tyranny, Taxes, or Usury, all is one in effect, they differ only gradu ; as some diseases kill sooner, and some poysons work slower than others: For if once the Land groan, it first becomes not worth manuring, and soon after, not worth possessing, by the infinite Progress which hath been alwayes observed both in Poverty and Wealth. If then our Land begin to groan under six per cent. as it cannot be denyed, when our most ingenious and industrious Farmers dayly fall under it, and six per cent. only thrives, let us no longer desperately proceed, and expect the last Event, but rather, knowing our Disease, let us, in time, look out for the Cure. Certain it is, That, in few places of this Kingdom, we want either a Soyl capable, or good convenience of Improvement in some degree; For, that our barrenest Lands might be mended, if it would quit cost, I need go no further for instance, than Black-heath; The doubt is, whether it will answer Interest, which, at once, augments the Charge, and shrinks the Value: Now, to me, it is clear it will not, where I see nothing done; For Profit, as it will not be compelled, so it needs not prompting. We see, the Stock annually employed even in the ordinary culture of Land by ploughing or grazing, for the most part far exceeds the yearly Rent of the Soyl; so as every Farmour hath two considerable Rents to pay, viz. to the Landlord for his Land, to the Creditor for his Stock: Like two Buckets, the latter falling, the former, in reason, must rise, or rising fall: If then his Crops, computing hazards, (for the best and worst cost him alike) will not keep his Family, and answer forbearance, (as surely they now do every day worse and worse) the Landlords Rent must in time fall to a Pepper-corn, and the Tenant be reduced to Rags: Nay, if the Land be naturally very poor, no man can afford it ordinary Culture or Stock, but to his present undoing: Upon which Account, much of the Land in this Kingdom proves deceitful to the Farmor, and (thereby) perhaps, burthensom to the Commonwealth. But were the Charges lessened by low Interest, and the Value doubled, what might we not expect from Industry so armed? Or who would longer think of three per cent. when, by purchasing and improving Land, he might make above ten. We might then, in few years, have double, (if not treble) Crops of Arable and Meadow; The same Land would be brought to feed at least double the Stock; Those excellent advantages of sewing and flouding, whereof so much Land every where is capable, would no where be omitted; Commons would be no longer undivided, nor common fields un-inclosed: All which are now neglected and upon decay, because the Cost being commonly great, the forbearance long, Interest of money and thraldom of debt intervening, the unfortunate improver, by common fate, gets only the credit of a Bankrupt, and title of a Projectour, and six per cent. passes for the wise man. When we had once gotten ground, as our Crops encreased, so would the Compost yearly improve, like Interest upon Interest; our Pastures, once mended, would manure themselves to that Degree, that our Stock would not only multiply in number, but, with time, even mend in the Breed. Plantations, which are now, in effect, confined to four or five Counties, and there but thin, would soon become general; A benefit scarce understood, or, indeed, credible: For besides the fruit, (which oft-times yields more in value upon one Acre, without charge, than many Acres of the best Tillage,) the Pasture likewise, if the Trees stand not too thick, is rather bettered: All these and many other felicities we forfeit, meerly because they will not answer forbearance at six per cent. which, (as they say of horses,) eats when we sleep: And little we see now a dayes performed, without the concurrence of great Activity, with as great a Purse, which seldom meet. Many contrivances there have lately been, and some attempts, for the wonderful convenience of Inland Navigation in many parts of this Kingdom, which would improve all our Improvements by the frequency and fulness of our Markets; The like noble designs have been and still are on foot, for the recovery of many of our lost harbours, the preservation of those in decay, and the enlarging of divers commodious Creeks, to the publick safety, and the vast encrease of our Wealth and Power; but, alas, there is little hope of such undertakings, the very trial of them is so costly, and the Shipwracks upon that coast so many, and dreadful; For it is a common Observation, That projects seldom fail in Holland, nor take effect here, which, by gross mistake, is imputed to their ingenuity, being indeed, the natural consequence of low Interest; Were the rate of our Stocks equal, I doubt not, but these and many other publick works would soon be atchieved as well here, as in the Netherlands, since the success would then be more gainful, and the miscarriage not so fatal. Much hath been propounded, and somewhat experimented, for planting of Fir-trees, Chesnuts, &c. for raising, or encreasing of Liquoras, Saffron, Madder, Woad, and other rich Commodities in this Kingdom, where we have proof enough that they will thrive; For producing of Wines, Silk, Spices and Drugs, in divers of our Plantations, where the Climate is the same with those Countreys, where they prosper most; But with slender effect, for, asking as they do, considerable charge and forbearance, they can never succeed, whilst our Stock is at six per cent. and the Market prepossessed by those who have money at three. Now, if it be alledged, That it were in vain further to improve, unless we had better vent for our present Growth, This, I say, is, in effect, to maintain, that so the Land be tilled or stocked, no matter how it yields: On the contrary, do we not see, That it is the Crop, which pays Rent, and thrives? Had we such constant yield, as we might, at worst, be savers in selling at the Market price, (which encouraged Improvement would probably produce,) We might well defie all interlopers: Besides, I dare say, the Hollander would soon be weary of engrossing, if our Farmour could as well forbear to sell, as he can afford to buy; Joseph himself could not have engrossed without Pharaohs Purse. But, alas, by the single want of this Encouragement, we now turn even Gods goodness to our great disadvantage, being oftener choaked with Plenty, than pinched with dearth, though commonly we suffer both wayes in the Revolution of a few years. Obj. But, when money was at eight per cent, did not men thrive faster, improve more, and were not Rents better paid than now? Therefore abatement of Interest seems rather to be the cause of our decay. Answ. 1. Our chief Rivals in Trade the Dutch, have of late much abated their Interest, and our dangerous neighbours the French have and still do greatly improve their large and fertile Countrey, to our certain ruine, if we keep not pace with them. 2. Our late distractions have helped much to cast us behind hand. 3. The number of borrowers, and those the most eminent, is so encreased by our late Oppressions, that six per cent. is become to many the least part of their charge. 4. The continuance of Land-taxes, with those of the Militia and Poor, by clogging the Land (money scaping) have, alone, worse than doubled our Interest, as may appear by this sad effect, That besides the fall of Rents, Land now sells at least two years purchase cheaper than it did, when money was at eight per cent. So as indeed, one would marvel that any have of late adventured to improve at all, against so many and great discouragements, as I fear few have done to their profit; And, I dare boldly affirm, That were money (withal) still at ten or eight per cent. our best Mansions and Farms had ere this almost all stood empty, (as even now too many do,) and the Counter had been much fuller than the Exchange. Upon the whole matter, it is clear, That, were Interest reduced, and Land-taxes abolished, (as God forbid, but they should) Land must, of its own accord, soon double in Purchase, and then no cost could be bestowed upon it, without abundant Recompense. WHen we have raised the value of our Lands, and augmented their Product, we have laid a good foundation; But that expects likewise a building, and Manufacture is the first story; For as Trade, without improvement of Land, with us would be abortive, so without Manufacture, it must starve at Nurse; Indeed, it is a wonderful advantage to us, to have the first Materials of Trade of our own growth, and consequently much cheaper than some who must buy them, perhaps of us: Yet if we rest here, we come far short of our Design; and can be neither rich, powerful, nor indeed safe; For, besides that we shall lose those wonderfull advantages of Trade, which our many excellent Ports, Scituation and Genius would afford us, And, (through our own default) quit and forfeit the dominion of the Sea, It is too evident, That divers of our Neighbouring Countries (by the benefit of more Sun-shine) do not only produce richer Commodities than we can raise, but must, if they likewise fall to improvement, (as I fear they may, and hear they do) probably exceed us in our own Crops: Without Improvement of Land, we perish, and truly, if we second it not with Manufacture, our condition may yet be sad enough. For Instance, in former times, though our Land yeilded us plenty of Victual, and sometimes a goodly Overplus of Wool and Hides to sell; yet, for want of Manufacture and Trade, Ships we had few or none [though Timber enough] But were forced to buy or hire them of the Easterlings, or Flemmings, for the transport of our Armies, and Convoy of Provisions, We atchieved little but by meer valour, at great Odds both of Number and Equippage, nor subsisted but by pure thrift; If now we should do so, What would become of us? This the French King hath lately spied, and therefore now drives, like Jehu, to accomplish his design of Trade, but especially of Manufacture: Knowing, that thereby, he shall enrich his own People, weaken his Neighbours, and so advance his Revenues, (already vast) that scarce any thing will be too great for him to attempt; And a fair Progress he hath surely made, since we are told by all who have lately been at Paris, That late Walking in the Streets is already become as safe there, as at London, and their Roads as little infested as ours; A manifest sign of a thriving State where such disorders cease, For if Laws could suppress them, it is well known, both their Laws and Executions were severe enough before; If so, it is methinks, a seasonable alarm to us. Manufacture, Trade, and Navigation (for they concenter) is now the Mistress of the World, courted on all sides; Once we had few or no Rivals, that we needed to fear; We might then afford to be somewhat extravagant; We have now many, and are therefore more bound to our good behaviour: I dare boldly say, That thirty or forty years since, we might better manage all our affairs, at eight or ten per Cent. than now we can at five. Do we not see, That at Six per Cent. our poor Artificers and Tradesmen (who surely, were they cherished, would bring most honey to the publick Hive) without improvidence, fail in great Numbers, to the fatal discouragement of others? Such as have any thing yet left (finding small sweetness in that flower) wisely turn Drones, and by betaking themselves to Interest, starve their fellows: It needs no long Enquiry, where this must end, as little, whence it proceeds; since, when our Artificer hath worn out himself with toyl, the Foreiner, who hires his money at three or four per Cent. under-sells, and out-trades him, and our own Usurer, who lets it to him at Six, (sitting still) oppresses him. Do we not see our Island surrounded with Seas as rich as the Mountains of Peru? And want we not Fish, even for a Fridays Dinner? Are our People therefore sloathful? Surely they are but discreet; for Experience hath taught them, that, at Six per Cent, (Fish they never so fortunately) they must be under-sold, abroad, by the Dutch, at home, by the Butcher. Do we not observe, That, in most parts of England, there are great quantities of Land, which, by its natural goodness, or easie improvement, would bear Flax enough, which Flax, with its Manufacture, would produce Linnen, and at least save us one of our chiefest consumptions; VVill any man blame us if we make little? Alas, even the Shop stands in our Light. Have we not in many places of this Kingdom, Iron Oare without end, with VVoods adjacent even to a Nusance, and competent Navigation? yet are we not in danger wholly to buy that Metal of the Swedes; who, by undervaluing both their Wood and Work, can afford it much cheaper? If any would know the reason, let him ask Six per Cent. VVhat shall I say? Have we not VVool (once styled our Golden Fleece?) Too much, I am sure, for our Profit, though, for our purpose, I fear, too little: Have we not Fulling-Earth, a Commodity as choice as silver, and peculiar to us? and yet can we almost afford to cloath our selves? Is it not our best Market to export them raw, even in defiance of Capital Laws? What account can we give but this? That though we were much better Gamesters than we are, and had better Purses now, than ever we had, yet we could not hold play with the Dutch at the Odds of half in half: so vain it is to cut Channels, without clearing the Outfall, and removing Damms. I am not so well versed in Cloathing, to set down exactly the difference in value, betwixt a Pound of Raw Wool, and the same weight of Cloath in the Shop; Sure I am, it is vast, and all the Overplus, not only lost to our selves, but betray'd to our most dangerous Neighbours, by inequality of Interest; The same Reason holds throughout. But I dare say, were this ballance even, we should soon clear our selves from the imputation of sloath: And, with due encouragement, and time, (for all fruit must have its time to Bud, blow, knit, grow, and ripen) should Spin, Weave, Forge, and even Fish, to as much profit as the best. But how shall we do, will some say, for want of hands? First, I ask, How do the Dutch, who want them more? Next, I refer them to Sir Walter Raleigh, who makes it clear, That a flourishing Country can never want people, so long as the World hath any; And that, that which flourisheth most, shall not only stock it self fastest, but drayne its Neighbours; So attractive is Wealth and Trade: He that only observes, how Vermine leave the Empty Barn, and run to the Full; And how Cattle break all Fences to come at better Pasture, needs enquire no further. And now, (waving the main dispute of the lawfulness of Usury) let me only ask the Usurer this sober Question, Whether he can find in his Conscience to ask more Profit for the forbearance of his Money, than the Borrower did or could reasonably raise by the Use of it; And whether even lawful Interest, (exceeding this measure) be not a kind of Extortion, since it is clear, The Law doth barely tolerate, not warrant, or countenance Six per Cent: And if he find it be, let him (at least for the future) content himself with such moderate benefit, as the Borrower, (Whether Gentleman, Farmour, Merchant, Tradesman, or Artificer) may cheerfully afford him. I Shall not need say much particularly for the proof of this Assertion: Whosoever reads the two precedent Chapters, and admits them, will easily agree, That if all our Lands were upon their Improvement in Tillage, Grazing, Draining, Flouding, Planting, &c. There could want no work in the Countries; That if all our stock of money, and Fruits of our improved Lands were put forth to the great variety of Manufacture, Trade, Navigation, and Building, there could be no idle hands (and consequently no Poor) in our Boroughs and Corporations; That, betwixt both, Beggery would dayly decrease, and in time vanish: As it hath done long since in Holland, where they had not such advantages as we. Only, I cannot but lament the inefficacy of some of our Laws concerning the Poor; In not preventing rather, than correcting Enormities: He that is, indeed, weary of his life, fears neither Axe nor Gibbet; And to prosecute such by the Methods of Justice, I will not say it is like the Excommunicating of Rats, But, I am sure it resembles the Outlawing of Tories: Again, To compel men to work is not the way neither, unless Wages be propounded, For Industry cannot be forced by Laws, it should be tempted with profit; or, at least, baited with a subsistence; since, in Policy, as in War, Paying and Punishing must go hand in hand. If we ask Beggers, Why they work not, They answer, No man hath hired us: Examine such as hack Woods, or pluck Hedges, they say, The Weather is cold, Fuel dear, and they know not where to earn a Penny: Challenge the Thief for Larceny, Hanging and Starving (saith he) are both but Dying: Convict a Highwayman or Coyner, His Apology is, I am a poor Gentleman, or an unfortunate Tradesman, that was neither bred to Dig, nor born to Beg: None of these, I confess, are just Excuses; yet such Pleas they are, as comming passionately from the very bottom of the heart, would make the austerest Justice relent: If in lieu of stones, our Laws could provide them Bread, and instead of Serpents Fishes; That were the very Kiss of Justice and Peace. Where such Provisions are not, in some measure, made, That People can, at best, expect but Esaus Blessing, To live by his Sword, and serve his Brother: A pregnant instance whereof we have in the Hollander; whose Industry and Fortune hath been, and still is in some measure served by most of his Neighbours, as Mercenaries, in his Wars. OF what importance, the preservation of Timber hath been always judged to this Kingdom, will best appear by the Number of Laws which have been made to that purpose, though neither the want nor use of it was formerly so great or visible as now, How little want there was of it, not only the Antient Prices declare (which forty or fifty years since, were so small, as scarce to answer charges, in places of remote and difficult carriage) but even the Prodigious waste in many of the Farm-houses of those times; Neither, indeed, was there then such use of it, as to threaten, (one would think) a future scarcity, Whilst our Buildings were few and mean, and our Shipping not very considerable. Of late years, Trees have been every where cut down like Malefactors proscribed; The very face of some Countries, near the Sea, Thames and Severn, is so altered with it, That he, who hath not seen them in twenty years, would hardly know them; Yet our use of Timber must dayly increase, if either we will enlarge, or but maintain our Trade and Naval force, without which we are lost; and to have it wholly imported to us by Foreiners, were such a mischief as we may dread the very thought of it. It is doubtless, a great straight we are in, even in this juncture; For either the Building of London must languish, or the choicest of our remaining Timber must presently fall, or we must buy it to our great Comsumption, And it is hard to decide, which we best could now spare, London, Timber, or Money. However, Certain it is, That the present Age is so well versed in Arithmetick, as to compute, That scarce any Timber can be permitted to stand, but to great loss in the Forbearance; Whereby, All that owe Money, or marry Daughters, do but discreetly (if they may) to strip their Estates to the last stick; And we all know, how few Landlords are now exempt from both these conditions: So that one would almost marvel, how there should be any Timber left standing and thriving, where the reasons for felling are so urgent, and the encouragements for preserving it so slender. But were Interest at a low rate, our Concernment could, in no regard, be so great: For since we see, the Dutch, having little Timber of their own, can yet afford, with Forein Growth, not only to supply their own infinite occasions, but even sell and build for others [their stock being at very low Interest] Why should we doubt, upon the like termes, to do the same thing? And far more profitably than they, having Ireland at hand, and our Plantations in Reserve; Where, if We can afford to fetch it, We have it for Cutting. Neither do I Question, but that many Gentlemen [encouraged with small forbearance] would both be more carefull in places of good Vent, to preserve Tillowes and young Timber-trees, And [betwixt Ornament, Convenience and Profit] Plant new Groves and Tolles for Posterity; which they might well afford to do, even in divers of our Midland Counties, where the Buildings are, for the most part, Contemptible for want of Timber. THe General Incumbrance of Gentlemens Estates, of what pernicious consequence it hath been, and must be to the whole Kingdom, is obvious enough: To it we owe the Cessation of Hospitality, the Corruption of our Manners, the Ecclipse of Honour, and Contempt even of Authority; The Degeneration of our Blood, and supplanting of our best Families; To it the great Obstruction of our Commerce (by putting most of our stock, as it were, in Mortmain) and the Captivity of many honest Tradesmen; For if Gentlemen become insolvent, or but bad Paymasters, Tradesmen, who are forced to depend upon them, must be so too: And, I conceive, the Miseries of a Country (not yet Conquered) cannot be more lively exprest, than by saying, That the best of the Gentry, & most of the People are inthralled with Debt: It is therefore worth our while to get the Receipt, that will cure this Malady. But, methinks, I hear Six per Cent. Object, You are all for the Gentleman; If you should abate Interest, what great matter would you do? Ev'n rob Peter to pay Paul; If the Gentleman be in debt, let him sell, and live within Compass; Thrift shall perserve him better than abatement of Interest: Answ, I confess, I am much for the Gentleman, because I think both the King and Kingdom are concerned with him: But I am likewise for the Usurer, And my main design is to make him a Gentleman too; which he may soon be with great advantage, By purchasing Land with his Money, and improving it so, As, betwixt his Improvement and Purchase, it will soon double in the value (A Gentle Robbery) Nay, if he continue Usurer, he may perhaps, in time, save as much in the security of his Principal, as he shall lose by the Abatement of his Interest. Neither am I convinced, That the Gentleman (in this season) can sell when he will, But upon the same termes as Lean Horses are sold in Smithfield, or Quantities of Wheat in the Market, now Corn is cheap, which, though Usurers may wish, yet Freeholders have no cause to rejoyce in: As little do I believe, That, having sold, he can (with his clipt Revenue) live within Compass; Nay, if he have a Family, I dare maintain, That, with all his Providence, he can never provide for it; But, as rents are now paid, must soon incur a Relapse, And the best Husband can only promise himself Ulysses his Priviledge, to be swallowed last. Least of all am I in love with this Notion of thrift, being rendred so necessary even to our subsistence: 'Tis time indeed to fast, if there be no meat; But sure that imports either Famine or Siege: For, Admitting such Parsimony, what shall become of Trade, his Majesties Service, and Revenues? Who shall build our Ships, Rigge our Fleets, and pay our Armies for publick Defence? If this be our only Sanctuary, I doubt, we are very unsafe. But were Interest of Money considerably abated, All such Gentlemen, as are not already free of the Prison, would soon be free from it; For, admitting Debtors to owe (one with another) each a third part of the present value of his Estate (And upon that account, there will be, in effect, one third part of the Capital, dead and lopped off, as it were, from the Commonwealth) If then he that hath 600l. per annum owe 3 or 4000l. Surely he may, (Interest being reduced) at least readily clear himself with the sale of 200l. per annum ; And his 400l. remaining shall not only, in a short time, advance to as much in the real value and Purchase, as the whole would have yeilded before; But his Pressure will be relieved, his Gangrene stopped, his Rents secured by the Ease and Encouragement of his Tenants, and his Estate must lie very unhappily, if his yearly Income likewise, with time, improve not. TO make Money easie to be borrowed, we must make it plentiful in the Land; And that, I am sure, is only to be done by the Importation of Bullion upon the Ballance of Trade, Other Importation than this, (viz. upon Loan) is worse if possible then that of Dutch Cloaths, French Stuffs, Stumme, or Logwood, as bad as would be the bringing in and cherishing of Wolves again. The only sound hope we have of importing Money this way, is by advancing the Manufacture of our own improved growth to such degree, as we may afford (at least in those Commodities) to undersel all our Neighbours, That so the Spaniard, in the Canaries, may not pinne his Wines upon us at his own rate, which we dare not refuse, Knowing, That otherwise he can have the trade of our growth as cheap, perhaps cheaper from others: And that even the French may not gain of us at least half in half in Commerce, and presently melt down the Monies so gotten [as I believe they have done most part of our Gold, least we should perceive how much we lose by the pernicious trade we drive with them:] If this were Effected, [which only low Interest can produce] Our Native Commodities [which, though not so fine & sumptuous as those in Southern parts, are yet more solid and useful] would redeem their value, and we might soon grow rich. Obj. But will not uot low Interest carry all our Money into Countries where more is given? Answ. 1. By that Rule, Those Countries, where Interest is high, should draw all the Money to them, whereas, I hear, they have very little: 2. The Hollander were then dull indeed, who never yet discovered this Mystery; Surely the Fool hath had great fortune with it, For he commands more Money than some, that have twenty time his real Estate: 3. Interest is now near double in Scotland and Ireland to what it is here; In the Barbadoes, treble; And yet I suppose, there are few Usurers [none that I have heard of] whom it hath tempted to dispose their Monies there, to so great advantage. Obj. But how shall we do for the Present? Commerce will be interrupted, and Borrowers undone, For men will not lend Money at low Interest, They will rather keep it by them: Answ. Twice before [to my knowledge] the Usurer hath set up the very same scare-crow; And now we fear it not, But rather hope, that, in time he may be perswaded to lend out of pure Charity: 2. We know him too well to believe that he will be perswaded to keep his stock dead, and live upon the Main, if he can help it: 3. When he hath done swaggering [which will not last above an hour or two at most] he will sit down, and consider his own behoof; And if he find a better vent for his Wares (as certainly he may) that Market he will chuse: 4. He will have his choice of three, Purchasing, Building, and Trading; which are the proper Channels, into which we desire to turn the Current of his thoughts: 5, Till he have resolved and fitted himself, he may probably, by agreeing with the Borrower (for their Interests I suppose may therein jump) the Law so permitting, continue his Money at the present Use; Or the Law it self may have a future Commencement, whereby both sides will have leisure to dispose of their affairs; And yet Debtors will in the mean time be somewhat relieved by the Prospect of it, in raising the value of Land. Obj. But what will become of Orphans, Widows, and other Impotent Persons, who want Judgement or Faculty to Trade or Purchase: Answ. 1. There are likewise Widows and Orphans, that have Lands; Who betwixt the Fall and Loss of Rents, and deduction of Taxes, do now suffer more, I fear, in proportion; And yet who ever dreamt of providing for them? Or judged it reasonable, that their Lands should be letten dearer than they are worth? 2. There are yet others, almost without Number, well known to the Usurer; (for most of them are in his Books) who have Farms cast up to their great loss and are, perhaps, as little qualified for Husbandry, as any Widow or Orphan can be for Purchasing or Trade; And yet do Creditors commonly take compassion of such? 3. If these be no answers to their importunity; They must know, That it is fair for them, if they be not Oppressed; They should not think of Oppressing others, which they now certainly do, By exacting more Profit for the Use of Money, than either Land or Trade will regularly bear. It hath already been proved in the Precedent Chapter; That the Reducing of Interest would enable the Gentry speedily to pay their debts, by such timely sales, as should be to the Debtors comfort, and yet chiefly to the Creditors advantage; Were this done, and did the Kingdom but begin to flourish again, by Importing Money yearly upon Trade, Borrowers would soon be few, Exigents fewer; Mortgages would be Cancelled, Judgements and Statutes vacated by thousands, Estates would unawares recover their antient Simplicity, and the same Land would then readily pawn for double the Sum; Credit would no more betray both sides, as now it doth, The Debtor to Disappointment and Extortion, the Creditor to Pre-incombrance and hazard of his Capitall; but would be great and sound, even without a Register, (though that likewise may as naturally follow low Interest, as the thread doth the needle;) Whereupon it is more than probable, That such as shall desire to lend at the Rate established, (as I suppose not many wil) must pay the Reckoning, which for their Encouragement, will not be great. IT is a common saying in this City, grounded upon too much appearance of Reason, That the Burning of London hath undone many, but the Re-building of it will undo more: For it hath been seriously computed, That, at the present or probable Rate of Materials, some of them being to be brought in by Foreiners, who may set the Dice upon us; Others to be procured at home, which the Exigence must needs enhanse: Others yet depending upon the Contingent Price of Coals; And Labourers (if not limited by Law,) growing unconscionable; The greater part of Builders Bnilders will hardly so accomplish their business, as that they may afford to let or sell at the rate the houses, being built, will yeild; Many, I grant, who have full Purses, and happy Lots, will be good Gainers: What will become of such as Build in by-places, and borrow, is somewhat doubtful. But were Interest at a low rate, whereby the charge of borrowing would be half contracted, and the value of Building doubled; None could build to loss, And we should unawares see London again. I Suppose, it will not be denied, that if the charges of our Government and Defence should encrease, as they have lately done, and (for ought appears) must still do, by the dangerous growth of our Neighbours, and yet his Majesties Revenues should yearly decline, or not improve in some measure: Whereby Purging and Bleeding by Taxes, must be, as it were, our constant Diet; If, by the Encrease of our present distemper and decay, Most men should be ill at ease in their conditions, and through discontent secretly disposed to Faction, If the Nobility and Gentry (the known Supporters of Lawfull Authority in this Kingdom) should be so weakned in their Estates and Credits, that they could contribute little to the Ayde or Comfort of their Prince; We could not, with reason, expect, but that our Peace must soon be disturbed, the Government shaken, And, in time, the Kingdom ruin'd: As on the contrary, If his Majesties Income did far surmount his Expence, Whereby burthens would cease, and with them our factions exspire; If most Estates and degrees could thrive, and our Peerage and Gentry so redeem their lustre and influence, as to be again the Pillars of this goodly Fabrick; The Imperial Crown of England were established upon such a Rock, as nothing, now visible, could assault or mine: That all this would ensue upon the reducing of Interest to a very low Rate, remains now briefly to be shewn. His Majesties Principall Revenues are, 1. Lands, 2. Customes, 3. Excise, 4. Hearthmoney, 5. Tenths and First Fruits. Of his Majesties Subjects, I have already shewn, That many will be relieved and gratified; It rests only for me to convince the three Great Faculties of their Benefit, viz. Divines, Lawyers, and Physitians. The Clergy, methinks, have as great Interest in it as any, the Tithe of all Improvements being their Inheritance, which will flow in plentifully to them, without fraud or murmur, when the Farmour can well afford it: Such of them as are dignified, may, with satisfaction, encrease their Fines, whereof they can otherwise scarce expect, without Reluctancy, to continue the former Rates. The Lawyer, besides a present Crop of Clients, which multitude of sales will bring him, may likewise solace himself in the future Encrease of Wealth, and Business, whereof, I dare say, he will likewise have, at least, his Tithe. The Physitian drives a Generall trade with Mankind; And the richer the people be, the more and better Patients, I trust, he may promise himself. Even the Usurer (if he be not of so savage a Nature, as to delight in Cruelty, or so envious, as to hate, that any should live beside him,) may find his wishes; For, doubtless, there is nothing he so greedily affects, as to Purchase, and become a Landlord upon his own terms; And what better can he ever expect, than, now, to buy Land, as he may, at twenty years Purchase, which he shall probably improve in the Rent, but may certainly, in some time, (if he please) sell again for thirty or forty, and so exchange his Chattel for an Inheritance of double Value? If yet the Interest of Goalers and Catchpoles must preponderate, our servitude is near accomplished, since we are already (it should seem) over-awed, and tongue-tyed. Lastly, The English Landlord, (who hath been crushed chiefly by the Rate of Interest, at once overtopping his Revenue, and undermining his Inheritance) will recover that Power and Credit in his Countrey, the want whereof was the source of all our late Miseries; And will be abler than ever, to serve and ayde his Majesty both with Person and Purse; How willing then he will be, I think, needs no Proof: For besides that Land, being visible and immovable, is most responsible to the Law; the Owners are likewise, for the most part, best Qualified for Blood, Alliance, and Education; so as, without some brack or controversie of title, it is scarce imaginable, how the Interest of the Land should at any time be severed from that of the Crown; That therefore which gives price and weight to Land (as low Interest can only do) must needs adde Vigour and Splendour to just Authority. The summe of all is This, Should England now again be seriously weighed in the Ballance with most of its Neighbours, (as once it was in jest,) We should, I fear, find our Scale lighter in proportion to them, than we think: For that our Land hath lost of its weight is too demonstrable; Even by the Old Rule, Tantum valet Quantum vendi potest , which seldom fails: That many of our Baggs are missing, is no lesse visible: How others have lately thriven, may deserve our first Enquiry; Next, how our own substance hath wasted: If it be found, that this secret Venome hath even consumed our Marrow, macerated our Flesh, and shrunk our Sinews; And that the Expelling or qualifying of it would yet soon restore us, with advantage to our former soundness and aud substance, I hope Usury (such Rate of it, I mean, as manifestly oppresses both our Rents and Traffique) will not hereafter find an Advocate: For who is he that would [if he could] uphold the wretched Interest of thriving, by his own sloath, his Neighbours Bondage, and his Countries Ruine. FINIS.

Economy

Propos. 1. It will supply his Majesties present wants, Even by a Land Tax, if better Expedients be not offered, which both the Landlord and Tenant may afford once more to admit, being eased and recompensed another way. The Usurer (who could never yet be taxed to any purpose, in effect, contributing equally with him.

A discourse ,shewing the many advantages which will accrue to this kingdom by the abatement of usury [...]

EcA1676

HAving lately seen a Pamphlet under the Title of The Mystery of the New-fashioned Goldsmiths or Bankers, &c. I presently conjectured what I found it to be in the Reading; A prosecution of the design managed of late by so many clandestine whisperings of Jealousie into the Ears of unwary People, and the spreading of false and scandalous Reports, to bring that Breach upon the Credit of this famous City, (and by consequence upon the whole Kingdom) which so many of all degrees and professions have already felt no little of the evil of: The restless Spirit of this Author thinking scorn to reflect upon the most convincing guilt cast upon him by the many Ruines which his past Artifices have wrought, but as if he made it a sport to do mischief, pursues his project by a new device. Thus he endeavours by this pretended Letter to confirm those surmises with a shew of Reason, which he first attempted by rumor and surprize upon the minds of the People; well knowing that false and foolish arguings are then most like to bear a better appearance to them, when by fraud and practise their fears and jealosies are alarm'd, and (by the venomous effect thereof) they stand confounded and prejudiced in their understandings and judgments. I marveled at first, comparing the Title (where we have the Author taking upon him the Name of a Merchant) with the Letter, (where I find his opinion so cross to the sentiments of all other of that Profession) what kind of Trader this should be; especially while I find him so much at leisure, as upon so slender a Theam to trace the series of above thirty years, with such abundant industry, concerning the Rise, Growth, State and Decay of the Bankers: But my Genius soon satisfied me in this point, well remembring that there are some Newfashioned Traders, whom I forbear to define further, who under pretence thereof walk the Exchange as very Merchants, that have both time enough to busie themselves about other mens matters, and their Adventures being rather the diversion of their fancies than their business, and way of subsistance, know little, and perhaps care less, what the true Circumstances of a Merchant are with reference to the Banker: and yet (forsooth) presuming under the notion of an observing Merchant, to determine a matter of so much moment to the Interest of the Trade of the whole Kingdome, as no one thing besides it could be. But the matter having a Mystery in it (as he further tells us in his Title) he should have handled it with a little more modesty than he doth, few that attempt to open Mysteries, expounding them so right, but leave just occasion for other men to dissent from their judgments, and oft times to correct their Errors. But enough of the Title, now to the Letter. Wherein it being plain that it is the main business of our Author to dissemble his true end in the penning and publishing of it, and yet so to calculate and put it together, as to make the whole drive at the end he designs, it will be requisite to inquire into his end, What it is, and shew, that the pretended pretendeded occasion of this Letter was not the intent of his writing it; Towards which it is to be observed, That it would reflect too much imputation of Levity upon a thirty years observer and discoverer of Mysteries to tell such a long and studied Story to a Country Gentleman, upon the single occasion of his Sons disposal to a Trade, it being of all things most ridiculous in a man that would be had in reputation for wisdom, to shew himself disagreeable in his Discourses, to the nature of the subject whereof he treats. Nor will I so far prejudge his Charity to the Bankers, as that out of any private Pique or Disgust to the persons of them or any of them, he would lay about him as he doth, with a zeal so passionate and implacable. The Design then of this Paper must be somewhat more considerable, and is of a more Publick Aspect; and consequently the Product of a good Intention to the Common Good of the Kingdom; or its Contrary, i.e. the working of an Evil and Mischievous Spirit, to promote and compass some private End, that cannot be otherwise brought about but by bringing ruine upon the chief Credits of the Kingdom, and discomposure, disorder, and an unaccountable Jealousie upon the minds of the People. Of these two so contrary Ends which hath been in this Gentlemans Design, it will not be impossible from the parts of the Letter, well considered, and the timing of it, to arrive at a satisfaction in it. A good and laudable end I would willingly have found in the drift of this Paper, that however I am satisfied, the effect of what our Author hath done is mischievous, yet I might (as one who knowes that in many things we offend all) have retained a favourable esteem of his honest inclinations: But herein I can in no wise reconcile my Reason to any of the Rules of Charity. For it is generally the happiness of a good Purpose to be reduced in all its pursuits to honest Mediums in what it aims at; and it is in truth a Contradiction to the Laws of Property, to do evil that good may come on't. Had our Author design'd sincerely, he would have looked as well to give some tollerable Proof of what he recriminates the Bankers with, as to accuse them; and not only here and there one, but all of them. Nor doth the time of emitting this Paper, favour less of a Peaceable intention: Was there never a time nor occasion offered these thirty years, before this Gentleman's Son was to come Apprentice, to represent these Errors of the Goldsmiths (if they have been guilty of them) to the World? For what season then is it calculated? But to follow on the Victory which false Report, wheedling insinuations into the minds of simple and inconsiderate People, hath obtained against the Bankers Credit without cause: When the Minds of Men are so startled by this means, that no man can be trusted though of never so good Estate; and when for this cause, many Merchants and others of considerable Substance, for want of the ordinary supplies of Mony, are like to suffer in their Reputation both here and beyond the Seas; no punctual payments to be made in the course of Trade, as was wont to be; numerous Bills of Exchange returned with Protest for non-payment; Clothiers and other Tradesmen forced to keep their Commodities on their hands, because the Merchant can neither get in his own Money, nor raise any upon Credit; consequently Fraughts of our Shipping on a suddain much fallen, and few to be had. One would think the sight of these Calamites should make a wise & good Man defer the prosecution of a thing, never so much unfit in his private judgment, rather then pursue it in the sight of such woful accidents: It hath ever been the principal Wisdom of Discreet and Wise Men, even in the Seat of Government, not to be over hasty in breaking inconvenient Customs once rooted by Time and Use, for fear such Alterations might bring great Disadvantages upon the People; but to do it by a certain gradation, that the good of the remove might appear through all the accidental Discommodities of such a change; how much more should our Author in the Point in hand, have considered this Principle before he thus laid about him without fear or wit. What can this Letter then of our Authors, duly weighed with the Antecedent preparations to it, and its accompanying Circumstances, import less than an inconsiderate and destructive Design to the unhinging of all the Credits of the Kingdoms? having its Rise from Anger and Ambition, and in its end aiming at the promotion of Fraction. The matter of Design being then the Breach of the whole Credit of the Kingdom (wherein the Interest of Trade is most essentially concerned) he singles out the Goldsmiths or Bankers as the chief Seat thereof; and levels two main Pieces of Artillery against them, 1.Their Crimes, 2. Their Insecurity. Of the first Schedule of their Crimes managed between them and the Merchants in weighing and culling of Money, &c. they being applyed chiefly to the Goldsmiths of the Old Fashion (as our Author terms them) and not so material to their late and present state, as Bankers, I shall leave some of themselves to vindicate, for fear they have no Country Gentlemens Sons put Apprentices to them; only remembring him of a few things: First, That he did very ill, and not like the Man of Conscience to his Country he pretends to be, that knowing of such Practices of the Goldsmiths, and that to the term of place where they acted their Injustice to the Kingdom, he should be silent, when it was in the power of his hand to have discovered and remedied so great a Mischief; no good Laws being wanting on that behalf. Or, Secondly, If this confident accusing of them, be more then he hath grounds for, how vile and inhumane is it to reflect at such a rate upon Men, in a thing wherein not only their honesty is taxed; but their chiefest Interests lie obnoxious to danger. And Thirdly, Whether he be not unreasonably partial in his reflections; to let the Merchant pass Scot-free, upon such an occasion as that of his dealing for our heaviest Money to transport beyond Sea? For admit the Goldsmiths sold it, (which yet must not be taken for granted because you say so) yet certainly his fault was the greater, who so industriously laboured to procure such Coyn, with a setled intention of conveying it out of the Kingdom for his private advantage, and actually did so, as you accuse him. But it may be you will recollect your self, and think fit to write a Letter against the Profession of a Merchant too (excepting some of your own fashion) and when you have got him under the Foot of your Pride and Folly, as you hope shortly to have all the Bankers; we shall be brought into a fine World indeed. Nor so I ought to the contrary, but that they may well defend themselves in what you make the matter of their condemnation; more especially, in that of being Instruments of raising the value of our old Gold. Pray Sir, What made the Merchants so forward to Transport it, but that Profit was to be made of it beyond the Sea? and if so, what likelier way to keep it at home, than by advancing its Price here. And if it was sent away when the Rate was raised, would it not much more have been so, if the value had continued less? only perhaps it might have asked a little longer time, by the Merchants being put to imploy Instruments somewhat more improper then the Goldsmith, to buy it up from private hands. The like may be said for the inequality of the Rate of Guynnies (about which the Goldsmiths are also accused) which were never by any Proclamation of His Majesties, declared a Current Coyn of the Kingdom, and limited to a certain Rate; but left under the Notion of a Commodity, to rise or fall in price as the course of Exchange went in Forreign Parts; for this very reason, that by such raising of the Rate of them, they might be preserved in the Kingdom, when happily the state of Exchange might otherwise have laid a temptation before many for their private gains, to have sent them away. Thus our Author may also in other Points have been a very Incompetent Censor of what the Bankers have done in this distinct Trade and Mystery. In which Case I have sometimes known a wise Man to have confest divers things to be reasonable and good, when the Nature, Grounds, and Ends of them have been opened by one well versed and experienced therein, that he could not in his own single consideration reconcile the Notion of common good and advantage. And if our Author have any measure of Ingenuity, peradventure he also may reflect upon this his hastiness of accusing Men in such matters that he so little understands. It's pretty too to take notice what a young Sophister our Grave Observer is become, when he tells us of seven millions coyned at a time in half Crowns, which he saith was apparently reduced to less then one Million, and layes the whole blame of it at the Bankers doors. Seven Millions of what, in half Crowns? he afterwards tells us seven Millions of Silver, which our ordinary English Dialect would presently interpret to mean Pounds Sterling, if our Reason (which he never design'd his Letter to be examined by) did not contradict the possibility of the thing, and then the Peoples mouthes might be opened indeed against the Banker, which is all the Mark he aims at. But admitting our Author to be a little out of the way of writing agreeable English, and that by the seven Millions in half Crowns, and the seven Millions of Silver; he intends no more then seven Millions of half Crown pieces; Lets consider whether he be any more honest in the thing, then he is clear in the expression. Seven Millions in half Crowns, by my Arithmetick, amounts to eight hundred seventy five thousand pounds Sterling that he alledges was then Coyned: But Sir, I have met with as likely an Observer in this Point, as your self, who assures me, it will be no injury to tell you, that you are out in your Calculation almost half in half; and if you be so ignorant, or insincere in an Extream on that hand, how shall we trust the truth of your Observation and Candor in what you affirm on the other, that the Money then coyned was apparently reduced to less then one Million by a new mischeivous trade of the Goldsmiths. But I do not well so much as to name truth and sincerity with respect to any thing in this Letter, which was never designed to be drawn up by the line of any such Vertues Vettues , Blackning of Men being a far better way to do our Authors business: And it were endless to open all the false suggestions that are in the composition of it. Next to that, I find the chief crime objected against them, is, The great advantages they have made in the course of their Trade, especially when they dealt with his Majesty, and bought up Bills, Orders, Tallyes, &c. Indeed Sir you do not well to tax them at this time a Day with those Offences. Why did not such an Observer of the State of the Bankers as you, urge their Sin of 10.l. per Cent. upon them then? when if your Arguments had been powerful to touch their Consciences, they might by this time have reckoned that Charity in you, which as matters stand, they can receive under no other Notion but that of reproach and spite. And yet, hark you Sir, Hath it not been the Principle of one you know That as the occasion and Circumstances may be, there is really no wrong put upon a mans Conscience, nor injustice offered to another, to accept of above 6 per Cent. for the advance of Money, nay nor any breach of the Law therein? And if neither the person of another be oppressed, nor the Law violated, where is the Offence? But now you cry out aloud against the Banker, as an unpardonable Extortioner, if in any case he exceed the terms of 6 per Cent. which renders it not unneedful (for the Readers sake) to put one or two Cases to your enquiry about this matter. Let the first be that of Discounts upon Bills of Exchange, which you tax, among other things as against Law, and very oppressive: But, Why so? Really you puzzle my wits to find a Reason for what you say, and you have given us none to think off. A Bill of Exchange during its Negotiation hath never in any Time or Memory, gon under any other Notion than (till I can find a better word for't) a meer piece of Merchandize, which if a man whichif a m an will dispose of, he must do it at the Market rate, or (to speak more like a Merchant) at Price Currant; for there is a certain variation of the rate of Discounts as the occasions for Money are great or less; and they were never higher than your Self and your Con-sociates have lately made them by your new-fashioned Artifices. Another Case lies in the Bonds given by the Merchants to his Majesty at the Custom-house, for the additional Duty upon Wine, wherein the Act of Parl. allows the discount of 10 per Cent. to the Merchant if he pay ready money. What then if the Bankers shall lay down the value to the King upon those Bonds: I put it by way of Inquiry, since plainly that allowance was given, to accomodate the Kings present service, Whether it be an Evil in the Banker, to take that allowance, upon serving the Publick occasions with a present supply, on the Credit of those Bonds, which the Merchant should and might have had by the grant of the Law, if he had paid down the Money himself? But what the monied Men and Creditors of the Bankers will most look at, is, what our Author will alledge against the Security of Money in their hands, which therefore we must alike look into. And because the Creditor will be nice in his Enquiries here, I will first state his Objections truly, and give such Answers as I will with the same freedom, leave to the Readers judgment: My design being only to disabuse my fellow Citizens and others, that they be not frightned with shadowie appearances, nor suffer themselves to be thus play'd upon by every sly and subtil Gamster, to disturb the setled course of their lawful advantages, to gratifie the humor of any person or faction, whose end is more themselves than the Publick good. He Objects then against the Bankers Credit. First, There being no safety in dealing with the King, while the deplorable Crys of the Widows and Fatherless are such, whose Money, as he phrazeth it, they say at least, they lent his Majesty, and cannot repay them. And did they not lend it the King? (Why delight you thus in the soul course of casting Dirt?) And for that, Tallyes, Orders, and the Great Seal it self are found to be no security. Secondly, That He cannot imagine how Bread should be got by their Trade of borrowing money at lawful Interest, to lend it upon unlawful to private persons; though they can silence their Consciences forgetting Christianity, &c. Thirdly, That the Bankers are not Men of greater Abilities nor acquired Parts than other Tradsmen, nor better instructed than others to imploy greater Stocks in an advantagious Trade, &c. To these Objections respectively, a few words. To the first; I take it for granted that the Reasons urged upon account of the detainer of money in the Exchequer; and the stop of the proper Course thereof, did and may give a just hesitation to the minds of men; and his Majesty himself, as well as the People, hath, I doubt not, reflected upon that Counsel, with the greatest dislike and indignation before this day. Our Author nevertheless deals herein very uncharitably with his Majesty as well as elsewhere with the Bankers, in alledging somethings utterly untrue; for though there was in that unwarrantable Counsel, a breach upon the Course of Tallies and Orders; Yet he taxeth the Violation of the Great Seal without ground. He must refer in that point of the Great Seal, to the business of the Custom Farm, in which it is true the Patent that had already past the Seal for the main part of the Customs was resigned up again, but not forced. This Gentleman I guess cannot but well remember at whose house this houset his was acted, and who had a main hand in the contrivance of it; and if so, he may withal call to mind that the occasion of that surrender of the Seal was from some difference about the Termes of a second Pattent relating to the Wine Act, which while the then Farmers insisted upon, and more refused; some of them with less foresight than was convenient, offered the acquitting of the whole Bargain, and the Seal whereby they held their Right in the other Part; and having so offered it, it was accepted as suiting the present Design, without possibility of retrieve. This Gentleman is yet much more out of the way, to assert that the Persons concerned in the Exchequer Debt, have not their Interest to buy them Bread: May not a man well doubt the truth of his Observations for so many years past, who errs in a Point that is now in Action; for who knows not that there is a settlement of seventy thousand l. per Annum , for two years out of the Publick Revenue under the Great Seal, for the quarterly payment of those Interests to the Bankers? which is so punctually satisfied to all such whose Accounts are stated, that it is not the Kings fault, if every Creditor have not his Interest paid him every quarter day, such Security hath that Great Seal given. He knew well enough also, what fresh Assurances are lately made to the Bankers, of having the said Interest continued by force of another Great Seal, and the Additional Hopes (as is most just) of some further way of Settlement for the securing of those Debts: And it is much to be desired that his Majesty will, as from the Honour and Justice of the thing it self, so also from the Consideration of the Industrious improvement of that pernicious Counsel, to him and his Affairs; give some speedy issue to this matter. It is to be hoped that such a conjuncture of Affairs, and Inclination of our then chief Ministers, as happened at that unhappy juncture of shutting up of the Exchequer, will never meet again: Or, that God in his Mercy will give the King, in the experience of the fatal Consequences thereof, a Noble Resolution to discountenance and withstand such ill advice. To the second Objection, That there is no way for the Bankers to get Bread, if their Loans to his Majesty cease; and for which he gives us this Potent Argument, That he cannot imagine how they should. I Answer, That running upon Imaginations as he doth throughout his whole Letter, if this prove otherwise, the most part of what he hath said, may be suspected for a mear piece of fancy. He cannot imagine it, how? by borrowing Money at lawful Interest, and lending it to private persons at unlawful. No, Methinks it is plain and easie to be imagined, how Money may be got in this way, if they do (as he saith) silence Conscience, forget Christianity, and by Hook, and by Crook, make the most of their Cash by oppressive Exactions: Is it not a wonder his Imagination should fall so short, that is so much in the exercise of it? But to disprove our Authors Imagination, without these crooked ways of oppression; Are there not those among them, who (thanks be to God) have got their Bread, and it is to be hoped, enabled to lay up something for their Wives and Children, without any hazardous dealings with the King, or being so exacting as he speaks of; Hath not many been greatly intrusted and imployed this way, since the Exchequer was shut up, who are both able to pay their Creditors, and have got their Bread and somewhat more, and yet stand free from this Imputation by all, but this Gentleman, that its likely never suffered by any of them. Methinks the state of some of them that have fallen by the deadly breath of such as our Author, and have thereby their condition in Estate exposed to all, may better instruct him in this Point; and if he had that Christianity in him, which he so much blames others for, it might and should work pitty and remorse in his Soul, that by his sly Insinuations, false Suggestions, and all manner of Reproaches, he should have been a means to bring disreputation upon the Persons, and prejudice upon the Families of such who are by this means cast down. It may, and I trust will also teach those that have Moneyes in the hands of such men, not to suffer themselves to be abused by such petty Artifices, while they have thereby been made the Instruments of others undoing, and of injury to themselves, upon the meer Grounds of ungrounded Jealousy: For where is the Person that hath been so earnest upon them for Money; who can define any true Reason why he hath so done? Only his imagination hath been disordered, and his fears raised by the false Suggestions of these pestilent Incendiaries. And what have they advantaged themselves by those indeliberate and forward Demands, but the contrary; for if they had judged of these Artifices as they are, and not run so unreasonably upon those Bankers, they might as occasion required have been supplyed as aforetime, with those Summs which they are now forced to stay for, notwithstanding all emergencies, a much longer season. The third Objection consists of so many Particulars, that I must take them up as I go. He first taxeth them for, being Men of no greater Natural Abilities and acquired Parts, than other Tradsmen: What then, Sir? If they have but a proportion of understanding in their Trade, to their Fellow Citizens (for the Trading-Citizens are no Fools) and an honest Design and Caution in their undertaking it, is enough to their Creditors. I, But they are no better Instructed than others, to employ great stocks; Are they not? Then indeed I should think you in the right on't, when you tell your Country-Gentlemen, That all the Arts a Goldsmith can teach him, will not be worth one of those two hundred Pounds, he designed with him. But, pray Sir, where were your Natural Abilities and Acquired Parts, when you thus Wrote? Is there no difference in Skill of this Nature, between a Man whose Business and Education hath layn for many years in Credit, and Improvement of Money, in ways of Advantage, who is known of all that have occasion of Supply for their present Conveniences, to be Persons dealing in that Way through all the various Courses of it, and another Tradesman whose Education and Life, hath only Experienced him in the Management of some particular Commodities, and the Improvement of them to his best Interest. Sure, Sir, If you had consulted your self, your Acquired Parts would have told you, there is here some difference; but it bears the shaddow of an Argument against the Bankers to the unheedy, and then, whether Sense or Nonsense, Reason or Contradiction, Truth or Falshood, all's one with you. But, They have no greater Skill in Law than others, to judg of Securities to be taken for Money, nor have they more knowledg of Men, to Guess at the Value of their Bonds. How our Authors Passion blinds his Reason! Would you have every Banker become a Lawyer, or else leave his Trade? On common Occasions every Mans Natural Abilities and Experience in the World (whereof I hope you will grant our Bankers to have some) may serve the turn; and in cases difficult and out of the way of ordinary Dealings, they are generally Men of more Caution to their own Estates, and the Trust they have from others, than that I believe they would be satisfied with so much Law as our Author himself hath, when so many able and knowing Lawyers are so near at hand. Besides, such a Man of Wit as you, might have considered, that there is a Power in these ways of Credit, to oblige such Men as the Bankers deal with, to much to Punctuality; and but that I would fain resemble our Author in speaking once like a Man of Mysterie, I could give good Reasons for it: He is miserably out, and speaks as unlike a Merchant as ever I heard, to tell us, the Bankers knew the Characters of Men no better than others, when of all in the World they have the Advantage this way. What gives the Knowledg of Men as Men, but Converse? What of the Estates of Men, more than frequent and ordinary Dealings with them in the point of Money? Which with other Collaterial Observations that are Coincident with it, gives the truest measure of Mens Estates. How then in these ways, is the Integrity and Generosity of a Mans Dealings better discovered? This manner of Corespondence then, these Bankers having had with the most they deal with for many years, How should they but know Men better than others, and be able to proportion their demand of Security for them? But our Author is Authoris not yet at an end of this Argumentative Paragraph against the Bankers Credit: I wish his next Reasons be better than his former, and favour more of Natural Ability, and sincerity of Mind. He puts the Question very seriously from the Premises that I have already Answered, How then should they be able to make more Interest of Moneys, than other Men? How then? It's a Deduction from your Premises, is it? Why then Il'e tell you how the Case stands, if some of your Premises have no Reason in them, and others no Truth; what then becomes of your Hero then, and of all your Subsequent Arguments, or rather Artificers deduced from them. If they be really more able than other Men to improve Money; if they have as much Skill in the Law as they have ordinarily need for, and know where to go for the rest when Occasion calls, that their Security may be good; If they have more knowledg of Men than others, which are all the Principles that you derive this how then from; Why then, I may naturally turn the Argument upon you, and tell you that all your Natural Abilitys and Acquired Parts, have missed the Mark hugely, when you doubt the Bankers Trade to such a Degree, as to make it a Wonder how they should be able to Improve Money better and more securely than others. And if you would know further how they can keep open their Shops, notwithstanding their dead Stocks of Cash to answer ordinary Demands (for such extraordinary and unreasonable Demands, as your Whispering and Calumniating Gang hath lately put People upon, nothing can be Sued for) and Maintain their Servants, and pay their Landlords; I tell you again, that besides the Keepers of their Running Cash, for which they pay no Interest, the Matter lies in their Knowledg and Way of Improving Money, better than others. It's not to say what a Bankers Skill in this sense will honestly extend to: Il'e tell you they are archer Men in their Trade than you and I think of. And I am verily of Opinion, that they make (as you say they must do to get ought by it) more than Nine pound per centum of their Money, in their way of Improvement; yet I will not as you do, Charge them with Extortion therein, unless I knew things better. You may remember, I have put you two Cases, wherein possibly Ten Pound per centum may be got without a Mans becoming a Transgressor; and the Bankers, it's likely, may know more. We are commanded to have over all, Charity; a Garment that I desire to value and keep uppermost, though you seem so daringly to reject it, and to put on that of Censure and Reproach. And truly, every ones Charity is there called for, while we hear no Body crying out against them: None can be Advocate for all of a Trade, but for most of them; the chief Dealers at their Shops cannot exclaim of their Extortion, but that their extraordinary and emergent Occasions, have well born the extraordinary Requitals, which have been given to them: But certainly all will have cause ere long, if the Gentleman gain his end, to cry out upon him. The Merchant when it may be, that Two, Three, Four, or Five Hundred Pounds, which might have been had at a Bankers Shop, to serve the Exigency of his Occasions, cannot now be had in the City of London, in any reasonable time; or if he may be Accommodated by a Scrivener, the Trouble about it, Procuration for it, and the Time he must be obliged to keep it, beyond the Circumstances of his Occasion, may probably amount to more than Twelve Pound per centum , when he might have it at the Bankers at a lesser Rate. The Moneyed Man, when he sees the Banker born down without cause, and his own money lying in a Chest without improvement; himself in no way to put it out with security and profit: All that have experienced the ease, conveniency, and prosperous Trade of the City, by and under this way of Credit, and if after all, his own Conscience cry out of him, it is but that which is to be looked for, as the effect of these pernitious and ruinous Contrivances, unless it be already feared as with a hot Iron. He would put the Creditors in dreadfull doubt of the Bankers, for fear of Informers against them for notorious Contracts, and the pretence of great Charges they are at to keep off Suits of that nature, and to sue out Pardons. And though I have little reason to believe any thing he saith, yet I should have past it in silence were it not for two things. First, That I am confident he never heard of any Usurious Contracts pleaded against them, though they must have been as publick at Westminster-Hall, or the Guild-Hall in London. Secondly, I cannot imagine how our Author should come to know what Charges they are at to keep off Suits of that Nature. If he search into the matter, I am of Opinion hee'l find it quite otherwise. And for Pardons, there's an Intimate of yours, that may vye in that Point with any half dozen of the guiltiest of them if I be rightly informed. But after all these fine knacks of Conceipt (aiming at reason but unhappily falling short of it) to blast the Credit of the Bankers, he darts one more with the same purpose, and tinctur'd with somwhat more than ordinary Anger, That I cannot for my Life discern the Point of. It's Their being trusted ten times more than they are worth upon Personal Security, and many times their Note alone taken for five hundred pounds a thousand pounds, or more. And yet those free Lenders, as he calls them, (for he's very much out of Humour) would scarce be satisfied with two or three mens Bonds for a thousand pounds, that are known to be worth, at least five thousand pounds a man. Shall I ask our Author whether this was practized without reason and good experience by those that did it? Surely not without ground, while he characterizeth them to be men so wary in the disposal of their money to others. They knew then what they did; and no doubt acted upon some principles of reason herein, notwithstanding your censure of their discretion, from the meer Authority of an, I say, for that's the most powerful part of the Argument he uses against this practise, while his pretences of the hazard of the Bankers disposal of money, and their capacity to do it more than other men, have already been found so lame & ridiculous. Such an Observer as he, a man would think, might have taken up some considerations from so remarkable and continued a practise as this to have better bethought himself what he was about to do, when he began to breath out such Venom against the Bankers. Is't not obvious that the very All of a Banker lies upon his utmost punctuality, whereas other men as the exigency of occasions may be, oft times dispence with it without any suspition. Me thinks the very awe of the power of Credits continued through the course of so many years, the free, generous, and unconcern'd reliance of Men upon them; their efficacy to raise, enliven and encrease the Trade of the Kingdom to such a notable degree, should have dampt his confidence in a pursuit of this nature, and forbad his falling foule upon so sacred a thing. But the Rise of this design is such as all things must give way to. Here's Anger and Ambition, as I tould you, in the minds of some body, and a New-faction to be introduc'd. And what are the Credits of the Kingdom, the Ruines of the Bankers, Disreputation of the Merchant, Abuse put upon the jealousie of Creditors, Losses of the People, laying wast our Trade, Confusions and Disorders in the course of all affairs in the Nation. What is their own Consciences, Honour, or any thing, to the wreaking of this Anger, gratifying this Ambition, and pulling down of others that themselves may be advanc'd. To arrive at this false accusing and whispering about, from one place of Concourse to another, How is it with such a Man? Does he pay well, or's at a stand? I hope you are not concern'd. I assure you such a friend of mine hath drawn his money. I wish all be well. A word's enough to the wise. Some taking the confidence to abuse the Name of a Noble Person, because hee's accounted a wise Man and a fit Example, reporting in the City, and writing into the Country, that his Lordship hath had great sums of money in the hands of such and such which he hath called out, whereas the parties so mentioned ner'e ow'd his Lordship one farthing: And a thousand such petty (but as they have prov'd over-prevalent) insinuations have been used; vented by their half-witted Emissaries, (of which they have both young and old, rich and poor to make use of, and to act their tricks with a world of zeal and gravity) while among themselves they make the best sport imaginable, in telling what a good Instrument (they mean a fool) they have made of such and such a sober Citizen or Inns of Court Gentleman. I say to arrive at these ends of their own, none of these Machinations must be accounted a Crime. And let not our Author tax me of uncharitableness herein, or come with any such disguises, as a Letter to a Country Gentleman hereafter, For upon better Evidence than that the Coyn was carried into the Cocklofts, this is the very Rise and design of this Epistle. And what are these Gentlemen that all these things must make way for? Is it not Character enough to tell the Reader, that they are even of the same Spirit with our Author. What need we say more, or what more can be said to shew us what we are to expect from them, when they have made us the silly Instruments of their own Grandeur. Can we hope for that good from them they pretend to? Freedom from those publick Evils and Calamities they complain of? Honour and a Generous Design for the Publick is adequate and like it self in all its Parts and motions. Noble ends are never aimed at by such peaking, base, sneaking and destructive Courses. Whither will they have brought us, if they accomplish their ends and gain the Ascendant? Will their Advancement be a recompence for what we suffer by their means? I doubt, had they a Will to do good, they'l find it hath been an easier business to destroy the Trade and Credit of a Nation, than to heal it, and bind up it's Breaches. As the less difficult part of the two, it will be well if they make not use of our Poverty to oppress, and our Ruine, (much wrought about by our own hands, while we are so fondly influenced by their Subtitles) to run us still into further Calamities. For if they have decry'd Credit that the present Incumbents may fall, What will they do in their Places without it? And, if Money must be had, and no Credit be continued, what way they will advise to, I leave to other Conjectures than my own. My Lord Bacon tells us, Nothing doth more hurt in a State, then when Cunning Men pass for Wise; and yet if all will avail to make the People (whose good I charitably aim at in these Reflexions) to consider what they are doing, while they dance after the Pipe of such Crafts masters as these, and be no more entangled and bereaved of their Wits and Interests by their deceitfull pretences and practises but proceed in all their Concernments Concenments , like men endowed with Reason, I shall gain my desire. I dispair not of it, though its sad to see the generality so much enclined to another Spirit. Our Author ends with a solemn Enquiry, Whether any Man that hath Exercised the Mystery of Banking, hath living or dying gone off the Stage with a clear good Estate? I had scarce taken notice of it, but that he hath just before been telling us of Scripture Commands, and follows it with a profession that he Judges no Man. If you know none such that have been acquainted with their Mystery so long, let me tell you, You have either a very short Memory, or have been a very shallow Observer. But your meaning in this Enquiry is also very well understood. And yet it follows; I Judge no Man. No Sir, Why rais'd you the question then? If you speak the truth, I doubt you can give no very good account on't. In earnest, I hear of several that are gone off with very clear and good Estates, but I think it not Manners to expose their Names to our Authors Curiosity. Judg no man? and yet after the rate you have done, condemn and contrive their Ruine! Give me leave to end with an Enquiry too, What shall be given unto thee? Or, What shall be done unto thee, thou False Tongue?

Economy

An Enquiry into the Grounds of a late Pamphlet Entituled, THE MYSTERY OF THE New-fashioned Goldsmiths, or Bankers, &c.

Is not the hand of Joab in all this? Or An enquiry into the grounds of a late pamphlet intituled, The mystery of the new-fashioned-goldsmiths or bankers, &c. [...]

EcA1681

FOrasmuch as there is a very great Complaint in most of the Market-Towns in this Kingdom, of the Great Decay of Trade, both by many Working, and especially by all Ancient Shop-keeping Tradesmen, as The Woollen Draper, the Linnen Draper, the Mercer, the Grocer, and others, whose Trades were formerly the most Flourishing in this Kingdom, that now are become so mean and ordinary, that many interested therein cannot live upon them; This may afford matter of admiration to many Persons, whilest considering withal that there are as many Goods Imported into this Kingdom as ever there were, if not abundantly more; and so consequently, there is as much sold as ever there were, if not much more. Now the End of this Treatise is to shew, that the Reason is not from the total defect or want of Trade, but from the irregularity or disorder thereof, it being quite out of the Channel in which it was wont formerly to run. And this hath hapned through a neglect of a due Execution of those Laws that are in force concerning Trade; As likewise for want of Additional Laws to be made to keep it in its due bounds. (For a Law not executed is almost as little significant as no Law at all.) Now the Ground of this Grievance is, because many do believe, That all Men promiscuously ought to have Liberty to set up any Trade for a Livelihood, and especially the Shop-keeping Trade, and that a Restraint hereof doth much impeach Ingenuity; Whence it is, that Tradesmen can seldom be Redressed herein, although they have often Attempted it to their great Cost and Charge. But certainly, in former Ages People were of another Opinion, as appeareth by that Statute of 5 Queen Eliz. which Prohibiteth the taking of any Artificers Son to be an Apprentice to many Shop-keeping Trades that are mentioned in that Statute. And likewise the Son of any one, unless his Parent had forty shillings per Annum , a Freehold Estate; which was to be Certified under the Hands and Seales of three Justices of the Peace. And for this Reason, a long time there hath been little or no Inspection made into Trade, in the Cities and Market Towns in England; that all things in Trade are come to a wonderful Confusion, as will appear by the Sequel of this Treatise. Nay, there is scarce any thing of Affairs in a Kingdom or a State, but bua in time will be out of Order, if it be not prevented by Reviving Old, or Constituting New Lawes, additional thereunto; For humane Lawes are such, that in time there will be Reason, either to add something to, or take something from them. And whilest that any thing is out of Order, all Men that are therein concerned are Prejudiced by it: And so it is at this time with Trade, which rendreth it unprofitable to all Men, and so doth rather hinder Ingenuity then further it and promote it; Profit being a chief and more immediate Encouragement thereof, which puts men upon all Praise-worthy and commendable Undertakings. Now to the end, that I may discover what it is that hath so much Empaired the Trade of this Kingdom, I shall faithfully Relate (as to matter of Fact) what is the Practice in most Places in England, and shall in each Particular suggest what may be necessary for the Repairing thereof. I Begin with this Trade, because it is like the Water to the Mill that driveth Round the Wheel of all other Trades. For by this the Poor hath Money of their own Earning, without being burthensom to the Parish; which they presently lay out again, either upon their Backs or Bellies, not keeping their Money against a wet day, (as the saying is) Now if it be considered, how Numerous the Poor of this Kingdom are, they would (had they money) make a very great Consumption, both of the Farmers Commodities, and of all other course and ordinary things, as is evident in that, in some Places where this Trade did once flourish, many Labourers therein would lay out five or six shillings every Week throughout the year upon Meat; where there is not so much now laid out by any such poor Man hardly in a whole year. And indeed, of all the Trades in this Kingdom this ought chiefly to be encouraged, neither should any stone be left unturned to promote it. For if it be so, as doubtless it is, that God hath given to every Countrey some particular Commodity, that is not to be had any where else, so that none may boast, but that every Countrey must be beholding unto another for something that they have not; then certainly it must be this, that is the Commodity of England, because God hath not only given us Wooll in abundance that makes Cloth, but also another necessary Material, viz. Fullers Earth, without which this Commodity is not to be made, and (as they say) is not to be found any where else, but in this Land; which is a clear Demonstration that it is the use of our Wooll that is the special Talent, which God hath put into our hands to emprove; and not to emprove it is doubtless a very great sin, and like the hiding our Talent in a Napkin. Wherefore it is, that God hath in a great measure taken this Trade from us, and given it to a People that are more Industrious then we are. NOW it is granted by all Men, that this is one great Hindrance of this Trade, for hereby there is not only Cloth made with our Wooll, which might have been made by our own People, but by mixing our Wooll with the Wooll of other Countreys, there is almost twice as much Cloth made as otherwise there could be; for without the help of our Wooll, there could be little or no ordinary low pric'd Cloth made, which is the Assertment that is mostly used, there being a far greater Number who wear this, then there are who wear any finer sort; and by this means it is, that our English Cloth is so great a drug in all places, as now it is: And unless we can keep our Wooll and Fullers Earth from being Transported, that so it may be wrought up by our own People, the Trade can never be good again in England. Indeed, there have been many ways thought of to prevent this mischief, which of all others is the greatest to this Kingdom, and therefore of late it is made Felony for any one to Transport Wooll, which Law, notwithstanding the great severity thereof, doth yet prove ineffectual. Now it may be supposed, that the Cause hereof is, the Paucity or Fewness of the Informers, (for the Life of the Man is concerned which offendeth in this Case) which would not be so, if there were only a good part of the Offenders Estate lying at stake. Seeing then that this, as well as other ways, have hitherto proved ineffectual, there may therefore (I humbly conceive) be new Measures taken: Wherefore I shall suggest what may be thought profitable in this Case. 5. That all Merchants that shall Traffique beyond Sea, and all Captains of Men of War, and all Ship-Masters, with their Mates and Pursers, and every common Sayler do take this Oath, and give this Security, and do receive a Certificate hereof before they are admitted to any of these employments, and in default hereof should be lyable to a Penalty. Likewise all Merchants that are strangers who do reside in any of the Parts of England, and all Ship-Masters that are strangers, before either they break bulk, or take in fresh water, or Provision for their Ships in any Harbor Harbour or place in England, that they should be enjoyned to give this Security, and to take this Oath, and to receive a Certificate hereof, and for default herein they should be lyable to a Penalty. WHen this Trade was good, the Clothiers (out of a covetous mind) would extreamly stretch their Cloth upon a Rack; and many other indirect ways were used, that have brought our English Cloth so much out of Credit beyond Sea, that it will be hard for us ever to retrive it again. Indeed there is a law that all Cloth should be examined before it be put to sale, and that the Town Seal where it is made should be put upon every Cloth that is made good and sound, and the letter F upon the faulty. But this is altogether neglected in most places: For the Aulneagers that are chosen in any place are very poor men, who seldome or never Seal any Cloth, and if they were to do it, they being poor men would not dare to refuse the sealing of any rich mans Cloth, though very faulty. And therefore to prevent this for the future, it would be necessary, that in all Cities and Market-Towns in England, where any of our Woollen Manufacture is made, they were all in Companies, who might every year out of themselves choose Officers, that might not only seal their Cloth, but who should also promote their Trade, and rectifie and repair whatever shall at any time be amiss therein. I do not mean that these Companies (according to the custom of Corporations at this time) should have any power to bar any one from setting up this trade in their Town, nor from being also of their Company, though they never served any Apprentiship to their Trade in any place whatsoever: And my reason for it is, because there cannot be too many of any such Trade in any place where the Materials that they work upon are of the growth of England, and that do imploy the poor of the Kingdom, unless that there should be so many of these Tradesmen that there will not be Materials enough for them to work upon; and that they cannot find poor enough to work them out. But in neither of these it cannot be, because of the great abundance of Wooll that we have in England, and of the abundance of Hemp and Flax we might have, did we but set to the sowing thereof, and the Numerous poor that are in all places of this Kingdom. Nay, if the Materials used in a Trade be not of the growth of England, yet if the Trade be to employ the poor, as is the making of Dimithys or Fustions, or the making of Buttons, or if it be the making of any thing (which upon supposition that it were not made here in England) we should have it bought with our Money, and brought to us from beyond Sea, where it is made, as Bone-Lace, &c. Surely in neither of these cases will it be for the common good that any man should be barred from setting up any such employment in any place whatsoever. Yet notwithstanding a universal liberty (I mean, for any one to be of any Trade) would be very injurious to many Trades, as the Shop-keepers and many working Trades, as I shall shew in its proper place; and it would hinder men (as it doth) from falling into such employments that are for the common and general good of the Kingdom, as are all such employments before specified. WE cannot make our English Cloth so cheap as they do in other Countreys, because of the strange idleness and stubbornness of our Poor, especially in all Places within fifty Miles of London, where the Poor are most Numerous, where Wooll is Cheapest, and where the Carriage of Oyles and Dying Stuffs is Cheaper then in most other Places in England, and therefore in all these Respects this would be the convenientest place for the setling of this Trade; But these Poor are so surly that most of them will not work at all, unless they might Earn as much in two days as will keep them a whole Week. And when they do Work, they will often Marr what they do; that hereby the Clothiers in all these Parts are greatly discouraged. Hence it is, that they cannot make their Cloth so good and so cheap as they do in other Countreys; the reason whereof is not because Provision is dearer in England then it is in other Countreys; For Butter and Cheese, the Poores Fare, are as Cheap here, as they are in most other Countreys; and Corn for many yeares hath been so cheap, that great quantities thereof have been Transported to the those Countreys where they make our Manufacture cheaper then we do. But one Reason hereof is, because Begging is suffered so Rife in this Kingdom, that of late years it is a sufficient Pretence for any one to beg, if they do but carry a few Commodities about the Countrey to sell. This is so much observed by all Persons, that of late the Grand Jury in many Counties have Presented it at the General Quarter Sessions. For there are Laws enough to suppress them, if the Justices do but see after the Execution of them. Now if this Begging Trade be not suppressed, there will never be any good done, either upon the Clothing Trade or any other, that is for a common and general good. Wherefore the Dutch do suffer no Beggars to be in their Countrey. And the French King doth endeavor to do the same in his, and we should not neglect to do the same in ours. Mr. Cooke in a Treatise of his, doth give another Reason that the Poor are so surly in England; which is the Statute of the 43 of Queen Eliz. that doth Enjoyn all Parishes to provide for their Poor, and this makes them careless to provide for themselves by their own labour, either for the present or the future. And hence it is, if they do not beg, yet they will not work, but addict themselfes to idleness and pilfering, and to pulling of Hedges. And all this is, because they know that if they come to want the Parish is bound to keep them. Truly, this is a very ill use which they make of so Charitable a Statute. But however, it would be strange cruelty not to provide for them, when they are really in want. Therefore there can be no better way, then to make them work for their living whilst they are able. And to this end it would be necessary that these following Rules were observed. AFter the Clothier hath taken all the care and pains that possibly he can, to make his Cloth both cheap and good, yet when he cometh to sell it, he cannot do it himself, the Factor having gotten this business wholly into his hands; for formerly, when the Clothiers left their Cloth with them to sell, allotting them a certain price; yet notwithstanding they would many times abate two pence or three pence in a yard, which the Clothier would not have done, had he sold it himself. Now so soon as the Buyers perceived this, they would buy of none but the Factor. And hence it is, they have usurped the sole Power of selling the Clothiers Cloth, both for what price and for what time, and to whom they please; in neither of which Particulars they will be limited. Now by this means the Clothiers Cloth is not only sold for less many times then can be afforded, (that so the Factor might have his Salary) but they are also put to an unnecessary Charge, for formerly the Buyer always bought at Blackwell-Hall, but now he doth buy at home; and the Factor will at any time send him as many more Pieces of Cloth then he hath occasion to buy, and under pretence they are dis-heighted, will force the Clothier to pay three or four shillings a Piece for new Pressing. And so likewise they will sell for what time they please, detaining the Clothiers money as long as they please; for he shall not know when his Cloth is sold, nor to whom it is sold; yet a great space of time after, when the Factor is in a good Humour, then the Clothier shall know the selling of his Cloth; And after this also he must stay a considerable time before he hath his Money. And then neither shall he know to whom his Cloth is Sold; because by this means, he can at any time put the Clothier to have his Money for his Cloth, of a Person that is not solvent. So that should any Clothier ever attempt, either to take their business out of the Factors hands, or to give off their Trade, (as many of them are desirous to do, being so abused by the Factor) they can always by this means make the Clothier truckle under them. And sometimes, when they are so kind to let the Clothier have money for his occasions, they will Enter it in their Books as so much mony lent to them. Besides, should they come to know the Person to whom their Cloth is sold, yet they would be not much the better for it, for without the Factors consent they will not pay the Clothier one farthing, saying, they have had nothing to do with him, and so will not pay him any money at all; insomuch that the Clothier in selling his Cloth is as it were blind-folded, being always in the dark concerning it. And they have seldom any money to buy any thing that they deal in beforehand, for the Factor will let them have no more money then what will suffice to keep their Trade going, and that on a slow and dull pace, by which means it is impossible that either Wooll or Woollen Cloth should rise much higher then now it is. As is evident in the late briskness of that Trade, which had it not been for the Factors (as was acknowledged by an eminent Merchant) Cloth would have risen at least eighteen pence or two shillings in a yard. And hence it is there can be no poor Clothiers follow the Trade, that hath not a stock to lie in the Factors hands, which hath occasioned very great Confusion in many other Trades as well as this; for it hath put some upon Retailing what they make, and others upon Hawking their Ware all about the Countrey, until many of them are ruined by means of their great Charge in Travelling; but of both these Particulars I shall Treat hereafter in their proper place. Neither hath this been any benefit to the Merchant, for the Factors having so great a stock of the West-Countrey Clothiers in their hands, they can give what Credit they please, and can, and do make whomsoever they please Merchants, or turn Merchants themselves, by which means the old experienced Merchants have been extreamly prejudiced and wronged. Now to Redress this great mischief to the Clothing Trade, these following Particulars would be necessary to be Offered. And then there is another inconvenience that the Clothier doth meet with in the selling of his Cloth, which is this, viz. That many times after the Buyer hath bought his Cloth at a price, and caused it to be sent out of the Hall to his own house, he hath pretended some fault to be in the Cloth, and unless the Clothier will yield to abate what he would have him, he must have his Cloth again, which hath often been a very great vexation to the Clothier. Others there are who have very much abused the Clothier, by exacting unreasonable measure from him, and to this end many have used very indirect wayes, as the having that abomination of a yard and a yard. Nay, sometimes they have put the Cloth into a Tub of water, and after this they have Griped the Clothier exceedingly in the Measure. WHen once the Clothier hath made his Cloth both good and cheap, and is convenienced to sell it when it is made, then it would be necessary to promote the Exportation of it abroad into other Countreys. 1. Now we are very much hindred herein by the Dutch, who do make Cloth themselves, and sell it in those places where otherwise we should sell ours; but could we keep our Wooll and Fullers Earth from them, we should speedily prevent them. And it would be necessary for the Promotion of this Trade with us, that there were an high Impost laid upon all fine Cloth that shall be imported. Yet the French doth deal far more unkindly with us then the Dutch, because we do take little of their Commodities; but of the other, (as it is Related by a Mr. Fortery Gentleman of the Privy Chamber, in a Treatise of his, called, The Interest of England,) we do take so much, viz. of their Wines, their Linnens, and their Silken Stuffs, that the excess of these Commodities imported unto us, is as much as cometh to 1600000. in the year, more then our Commodities that are re-exported unto them; for which we do pay them ready money. And had not the French King found it to be true upon Examination, he would have Prohibited all our Commodities from being brought into his Kingdom. Wherefore he laid only a very great Impost upon the same, which is Estus, a French Crown, une Estus upon an Aulne, an Ell and Nail. Aulne. And this our Trade doth extreamly suffer also by all his New Conquest, where they were wont before to wear our English Cloth, which now they cannot, because of the high and great Impost that is laid upon it. Now had this great Impost been laid only upon our Woollen Manufacture, it might have been supposed that he did it only to necessitate his people to the making of the same; but seeing he hath laid the like Impost on our English Tobaccho too, argueth, his Design is to suppress any Trade whatsoever that doth belong to the English. It being then a manifest truth, that we do take off so much of their Commodities, to the great wrong and prejudice of our own Weavers and Tradesmen in London and Canterbury; it is very hard measure that they will take little or nothing of ours, especially seeing that this they have done formerly, and they might have continued to do the same still, had not the French King used all the Methods that possibly he could, to hinder the same or the like Negotiation, for they are as Numerous a people as ever they were, and should they wear of our English Manufacture, as they were wont to do heretofore, that Country would be sufficient to take off almost as much as could be made in England. It is true, we have endeavored to Retaliate upon some of their Commodities, especially upon their Wines; but our English Gentry do so much delight in the drinking thereof, that they do still make their way with us nothwithstanding their dearness, yet so doth not our Manufacture with them: Therefore it would be necessary to take the same Measures to beat them out of their Trade with us, as they have done to beat us out of our Trade with them. And if this were done, they would be as much perplexed for want of a Trade to put off their Wines, their Linnens and their Silken Stuffs, as we are now to put off our Wollen Manufactures. It will not then be irrational to judge that this may be done as to all three of their Commodities. First, As to their VVines, if the Gentry would but take to drink more Sider, and many other English Drinks, that of late are so Excellent, that they are little inferiour to their VVines (unless in Price) we should then have less occasion for them, and this would be a means to improve the Lands of our own Countrey; And would be a way greatly to advance our National profit and interest. Did we withal but sink the impost of Portugal Wine (equal, to French Wine) they would take off above 300000 pounds worth of our English Manufacture in a year. And then for their Linnens we might promote the making thereof in our own Nation, as shall be shewed hereafter. And for their Silks and other Superfluities that we do buy of them, (which (as some do judge) do amount to more Money then all their Wines and Linnen both) we have little or no occasion of them. And if they were all prohibited, it would mightily advance the Weavers Trade in the Cities of London and Canterbury. As it is necessary, that this Trade be promoted abroad, so it is as necessary, that it be promoted as much as may be at home. This Trade is very much hindred by our own People, who do Wear many Forreign Commodities instead of our own; as may be instanced in many Particulars, viz. Instead of Green Sey that was wont to be used for Childrens Frocks, is now used Painted, and Indian-stained, and Striped Calico; and instead of a Perpetuana or a Shalloon to Lyne Mens Coats with, is used sometimes a Glazened Calico, which in the whole is not above twelve pence cheaper, and abundantly worse. For either Perpetuana or Shalloon will wear out two Coats, or when it hath worn out one Coat, it will serve for one use or other afterwards for children. And so in reality it is the cheapest. Because Glazened Calico will hardly wear out one Coat: And it is the same or worse, if they Lyne with a plain Calico or Dyed Linnen. And sometimes is used a Bangale that is brought from India, both for Lynings to Coats, and for Petticoats too; Yet our English VVare is better and cheaper then this, only it is thinner for the Summer. And of late there are abundance of Linnen Stuffs, that come from Hamborough, and are made to imitate our Norwich Stuffs, and many of them have been used for Gownes for VVomen, instead of our own Manufacture. To remedy this, it would be necessary to lay a very high Impost upon all such Commodities as these are, and that no Callicoes, or other sort of Linnen be suffered to be Glazened. There is a certain Necessity, that Womens Garments should be Lyned with plain Callico, yet not so for Mens. Therefore it would be expedient that a Law were made, that no Person should have his Coat Lyned with any thing but what is made in England. And this will not only promote the Woollen Trade, but the Silk-Weavers Trade also, who make many Silken Stuffs as fit for Lyning of Gentlemens Coats, as any that is made in any Countrey whatsoever, and no Person can be offended at it, because his Majesty, (for the encouragement of the Trade of his own people) is graciously pleased to Wear nothing but what is of the English make. The Statute for Burying in Woollen would have been of very good use, had it been executed, which (as it may be supposed) would in all this time have Consumed as much Wooll as there is at this time in England. And the way to have it put in execution, is to put the Administrator upon the proof of it. Therefore it would be necessary, that there were a Law made to enjoyn the Person concerned to prove the same upon Oath before some Justice of the Peace, within one Moneth after the Burial, and that he hath a Certificate hereof under the Justice his Hand and Seal: And without this Certificate the ChurchWardens should forthwith put the penalty of the Law in execution. There is one thing more that would be no small addition to the advancement of this Trade, and that is to encourage Wearing of Flannel; There are some of the Gentry who have Worn it, do commend it exceedingly, saying, that it doth Wear as well and as soft, either in Shirts or Shifts, as any Linnen whatsoever. And the courser sort would be better then Linnen for the Poor, because they may Wear it a Moneth without Washing. Now if the People should take to the Wearing of this, it would unspeakably Advance Trade in this Kingdom. NOW I have already shewed that the Importing of so many French wrought Silken Stuffs into this Kingdom, hath been one way to Impoverish this Trade, and that the Prohibition of these Commodities would be very necessary for the benefit hereof; I shall further shew in another place that the Hawking and Retayling of their Commodities are two other means that have also contributed towards the Marring this Trade. But besides these, there are two more, the one is the Engines of late invented, that do Weave only narrow Ribbands, and those so very sleight, that if ever Sales-men should be suppressed, they would be of no use at all; and for this Reason the Retayling Shop-keepers can hardly sell any of them. It is then very much against the common and general good, that a thing so useless should be suffered; seeing that by this means there will also be many hands of the poor that will want work. Another thing that hath very much empaired this Trade is, that there are here and there a Silk-Weaver or two (of late years) crept into some Cities and Market-Towns in England, who do employ such people that were never bound to the Trade. Now although what I speak of before (concerning License to set up any Trade that doth employ the poor) will hold good in this Trade also: yet in a differing manner, because in all other Trades that do employ the poor, they cannot effect their business without employing such as were never Apprentice to the Trade. As for Instance, the Clothier must employ the Spinner and Stockarder, that peradventure were never Apprentices to any Trade, else they could never accomplish their end. And it is the same in making of Buttons and Bonelace, and the like. But it is not so in this Trade; for they that have been Apprentices to the Silk-weaving Trade, and able to make more Commodities then can be easily disposed of. And the reason why there are such multitudes of this Trade is, because there hath not been for a long time any other but this, to place forth poor mens Children, and Parish Boyes unto; by which means the poor of this Trade have been very numerous, who can do nothing else almost, being bred up unto it from their youth. Therefore although it might not be against the common good, for any one to employ their Stocks in setting of these Weavers on work; yet it would be so, if either they should be suffered to Weave themselves, or should employ any other to Weave for them, that were never Apprentices to the Trade. Therefore it would be necessary that no man of this Trade live alone, and in a private place: But it would be much more for the profit and interest of the Masters of this Trade, that they Cohabit and dwell together in some Eminent City or Town, which they might make not only the Seat of their Habitation, but also the Emporium and Seat of their Trade. And if London and Canterbury cannot contain all of this Trade, then there may be appointed some other place for them to live in. NOW neither of these Manufacturers were wont formerly to Retayl what they made; which hath greatly empaired not only their own Trade, but many Shop-keeping Trades too. And if it may be thought that the Shop-keeping Trade is a conveniency to the people of this Kingdom, and for the general good thereof (as I shall prove hereafter) then it will not be expedient that the former should be suffered. I have already shewed what did occasion the Woollen Manufacturer to do this at first, viz. The great Abuse they did sustein by the Factors. And that which did at first occasion it in the Silk-Weavers, was their own covetousness. For they thought to advantage themselves by selling their Ware to Countrey Chapmen, which made them go to their Inns in London where they sold them their Commodities. Now so soon as the Whole-Sale-Men did perceive this, then he did all he could to beat down the Weavers price, that so he might keep his Countrey Chapmen. Hereupon their Commodities were sold far lower then before. Therefore many that could not sell to Countrey Chapmen, fell to Retayling of their Wares which they did make. Yet neither of these Manufacturers did hereby advantage themselves, because for this reason none of the Shop-keepers would buy of them that did Retail, and they not finding sale for their Commodities by Retail, sufficient to maintain them, have been (many of them) hereby Reduced to very great Necessities. Now the Silk-Weavers had no need at all to do this, because they had before a very good price for their Commoditie, and many of them are so sensible hereof, that they do heartily wish that the Trade might be reduced again to the same state that it was in formerly. But to return to the Clothier, who will not have that occasion to Retail his Cloth, if the abuse of the Factors be Rectified. Yet there is one Objection concerning him, and that is this, Obj. If he should not Retail his own Cloth, what shall he do with a dammaged Cloth, that he cannot sell at a Market? Answ. I Answer, that for all such damaged Cloth, and Remnants of Cloth, that will not pass Sale at the Market, the Clothier should not Retail these until they are Licensed by the Officers of their Company, who should view them, and they find them not fit for the Market, they should License the same Cloth, or Remnant of Cloth, to be Retailed, by putting the Seal of their Company at the end thereof in Wax. And hereunto may be Added the injury that many Merchants do to the Shop-keeping Trade, by Retailing those Commodities they adventure for. Inasmuch as hereby Trade is brought out of its right Current. And to prevent this mischief it would be necessary, that no Person whatsoever be admitted to Retail any Commodity belonging to the Shopkeeping Trade of buying and selling, that hath it at the first hand; not but that those Shop-keeping Traders might Retail those Commodities which they make, whose custom hath been to do so time out of minde: Such are the Shoomaker, the Brasier, the Pewterer and the like. OF late years the whole Trade of this Kingdom is to Profer Commodities to the Buyer both by Whole-sale and Retail, which hath much Empaired all Trades, because there is a vast difference between What will you give? and What shall I give? Now I shall first insist upon those that profer their Wares by Whole-sale, which are called Hawkers, and which are not only the Manufacturers themselves, but others besides them, viz. the Women in London, in Exceter and in Manchester, who do not only Profer Commodities at the Shops and Ware houses, but also at Inns to Countrey-Chapmen. Likewise the Manchester-men, the Sherborn-men, and many others, that do Travel from one Market-Town to another; And there at some Inn do profer their Wares to sell to the Shopkeepers of the place. That which did occasion Men at first to Retail those Commodities which they made, did at first occasion this also, and is no less disadvantageous then that was, not only to the Woollen Manufacturers and SilkWeavers, but also to all the Shop-keeping Trades in England. Now although at the first taking up of this Hawking way, there were some who did get Estates by it, there being then but few of them, by which means they took much more Money, and stayed for less time in a place, then now they do; but it is quite otherwise at this day, the number of them being much Augmented, by which means they take but little Money, and are forced to tarry long in a place, because Men do not minde their going away; for if one be gone, be sure another will quickly come. Whereupon some have stayed a Fortnight in a Countrey MarketTown; Nay, some Rug-makers have waited in London, absent from all their business at home, almost three Moneths before they could Vend their Wares. And the Charge of Horse-meat and Mans Meat is no less then before; So that by reason of their long abode in a place, it doth cost these more now, then formerly it did them that took six times more money; whereby many of them are quite undone, and the rest that remain, who are sufficient men, are so extreamly wearied with this way of dealing, that they would be heartily glad (as many of them have confessed) if there were a Law to suppress them, that then Trade might return into its old Channel, where it hath ran far better then ever since. Moreover, this Hawking Trade doth utterly empair the whole-Sale Trade, in all the Cities and Market-Towns in England, but especially in the City of London, where are some Trades in a manner come to nothing, because Countrey-Chapmen do not buy of them now, scarce an eighth part of what they were wont to buy formerly. And it is no less injurious to the Retailing Shop-keeping Trade in all Cities and Market Towns in England. First, because they have been an occasion to many, that never served an Apprentiship to any Shop-keeping Trade, to set up the same, not only in Cities and Market Towns, but also in every Countrey Village. Secondly, because when they have been Necessitated for Money, (as often they are by reason of their great Expences and their small Trade) to sell their Commodities by Retail, in the several Market-Towns where they have been, and that at as low Rates as they would sell by whole-sale, have hereby greatly imposed upon their Trades and themselves both. But hence may some raise these Objections following. Obj.1. If this Hawking Trade by suppressed, what more convenient way can be found, for the Manufacturer to sell his Wares, and also for the Buyer to furnish himself with what he wants. Sol. There is no better way both for the Manufacturer to sell his Wares, and also for the buyer to furnish himself with what he wants, then at a Market. Of which conveniency I intend to Treat hereafter. Obj. 2. But if Hawkers be suppressed, the Shop-keepers will not have the convenience for the buying their Commodities then, as they have now. Sol. I answer, that most of the Shop-keepers in England are so sensible of the great wrong they have received from them, that they had rather Ride a hundred Miles to buy their Commodities, then they should be tolerated. Obj. 3. But if the Hawkers be suppressed, it will not be much the better for the Shop-keepers in Countrey Market-Towns; for then the Londoners and others will have Ware-Houses in places in the Countrey, which will be as injurious unto them as the Hawkers have been. Sol. For the prevention of this mischief to the Trade of the Countrey Market-Towns; it would be necessary that all persons were prohibited by a Law to have any Ware-house, or to keep any Factors or Servants to sell Commodities for them in any Market-Town or City in England; save only there where they do live with their Family. THis is a third thing that is very prejudicial, not only to the Woollen Manufacturer and Silk-Weaver, but also the Whole-sale Shop-keeping Trade and Merchant. It will be in vain to insist upon what hath been the Practice of many Persons in this Kingdom, concerning their breaking and puting themselves into the Kings Bench, paying little or nothing of their just debts; For this is too Notorious to the whole Nation: There are then four things that occasion Mens breaking. I judge therefore it would be of very great use and benefit to the Trade of this Kingdom, if there were a Law made to inflict some bodily punishment upon every one that should break for above one hundred pounds, and should not pay fifteen shillings in the pound of his true and just debts; and thus no man could be so suddenly undone by bad debts: For then men would not lose so much by three hundred pounds, as now they commonly do by two, nay, by one. Object. But many a man hath been brought low in the World, and yet have got up again. Answ. Grant there have been some that have got up again, who have not been able to pay full fifteen shillings in the pound. I say, admit there have been such black Swans, yet this is Rara avis in terris . -- And these are few in comparison of the many hundreds, who have not risen again after such a fall. Therefore there ought to be a severe Penalty inflicted on these, to compel them to discover their condition before it cometh to be at this rate with them. Besides, this is the more probable way of their Recovery. For hereby they will be out of debt, and their Creditors, by reason they shall lose so little by them, will certainly be the more kinde unto them. 5. I might also add one thing more that is the reason of the breaking of many men, who are of Retailing Trades, or at least of not paying their Creditors so timely as otherwise they might, who might have been Ranked among those mentioned in the first particular, to whom there ought to be shewed much Mercy and Compassion. Such are those Retailers that are encouraged to trust Persons because of their great Estates and Revenues, who do neither take any care, nor make any conscience of paying their just and true debts; who will keep the Tradesman from his Money, sometimes two or three yeares, although they have been importuned by him, both to his expences and loss of time. And although some will be so fair as to give both good words and Promises, yet these have been but miserable Evasions and Put-offs, as is evident, in that they never minde the Performance of them. But then again, there are others that are so far from giving good words, that they give altogether menaces and threatnings, which have made many a Tradesman afraid to ask for his own, for fear of a Stab. And others there are, that will Pretend the Trades-man hath Cheated them in over-prizing his Commodities, and therefore he must stay longer for his Money, which is another shift. Whereas it is the Trades-man indeed that is cheated, in being forced to stay so long for his Money against his Will. For it is impossible that he that shall stay a Twelvemonth for his Money, shall ever inhance the price of his Commodity so far, as to be sufficiently recompensed for staying so long a time for it. All men I think will grant, that if the Trades-man hath ready money, two shillings in the pound is but reasonable. Now then if he doth stay a Twelve-month before he is paid, he should have four shillings profit in the pound, if two years then six shillings in the pound, and so on, according to the time he shall stay for his money; because it will easily appear, that more then ten in the hundred profit might be made in a year, with ready money in a Trade. But now it is next to an impossibility for any Trades-man to gain four shillings in the pound, unless it be in some hidden Commodities, such as belong to the Apothecaries; and yet this in reason they ought to have, if they stay a Twelve-month for their Money. And if they can be no Gainer then, what will they be, if they shall stay two or three, nay, four years before they are paid. Assuredly, no man can possibly deny, but in this case a Trades-man must needs be a very great Loser. Further, it often hapneth, that after all this the Trades-man doth lose his whole debt, if it be not paid before the Person is dead, for then the Heir doth Claim the Inheritance, and the Widow her Joincture, and there is nothing left to pay the debts but the Personal Estate, which is seldom more then a Coach and Horses, and some Houshold Goods, which will not pay sometimes a tenth part of the debts. This is quite contrary to what was formerly wont to be. Then the truly Noble Gentlemen of this Kingdom, did esteem it their great honour, to fulfil exactly whatsoever they had promised, although it had been never so much to their detriment and loss. They would heretofore have disdained those Riglings and Shiftings which are used in our times: insomuch, that if the Trades-man had their Promise, they might more certainly have depended on it, then now they may on their Bonds. And hence it was, that the Statute of Banquerupt did concern only Trades-man, because all others then were punctual to observe and to perform their word, and careful to pay all their just and true debts. There are two things that probably would Remedy this, if it would not be thought too great a price of Presumption. First, the first is this, viz. That for all debts that are not paid within six Months time or thereabouts, after they are Contracted, the Debtor should afterwards be liable to pay the interest; And likewise if any die, whose Personal estate will not reach to pay all their debts, there may be in this Case by a Law Commissioners, that might be Authorised to sell, and dispose of so much of the Land, that was Possessed by the Debtor deceased, that will fully pay all the debts; and certainly this would be of no ill consequence to the Kingdom. For it would not only be a conveniency to Tradesmen, but in all probability might be an inducement to all Persons to take greater care to live within the Compass of their Estates. THIS is another late Grievance which doth prejudice and injure all those Trades before premised. For were it not for these, there would be abundance more Cloth and Stuff, and trimming of Suites used and worn out, then now there is. And they do not only wrong these Trades, but many others also, as the Tailor, the Hatter, the Sadler, the Shooemaker and the Tanner; for, were it not for these Coaches, there would be far more of the Commodities used and vended then now there are. And they do not a little incommode all the Innes in all the Cities and Market-towns in England; for where are no Coaches frequenting the Innes, they have there little (if any thing) to do; and they who have them get no such advantage by them, being forced to take such under Rates for their Horse-meat, that the loss they thereby sustein, is greater then can be regained by the Guests which those Coaches do bring unto their Innes; and then the Owners of them do receive so little benefit, that many of late years have been utterly undone by them. And then they carry multitudes of Letters, which otherwise would be sent by the Post; And were it not for them there would be more Wine, Beer and Ale drank in the Inn then is now, which would be a means to Augment the Kings Custom and Excise; Furthermore, they hinder the Breed of Horses in this Kingdom, because many would be necessitated to keep a good Horse that now keeps none. Now seeing there are few that are Gainers by them, and that they are against the common and general good of this Nation, and is only a conveniency to some that have occasion to go to London, who might still have the same wayes, as before these Coaches were in use, (which hath not been much above twenty years) therefore there is good reason they should be suppressed. Not but that it may be lawful also to Hire a Coach upon occasion; but that it should be unlawful only to keep a Coach that should go long Journeys constantly, from one stage or place to another upon certain days of the Week, as they now do. And since I am speaking of the Innes, I shall relate one thing more that doth greatly incommode them, which is the great number of Ale-houses that are suffered in all Cities and Market-Towns in England, in one of which is more Beer drawn, then in many Innes that pay six times the Rent that they do. Besides, there are many poor men who do spend both their time and money in them, whilst their Wives and Children are ready to starve at home. And then, if so many were not suffered to run into this way, they would (it may be) get into some other, which might be more for the general good of this Kingdom, such as the making of Linnen Cloth, Bone Lace, or the like. Furthermore, the Innes are a great conveniency, common to the whole Nation, being necessary for the Refreshing of wearied Travellers, and so ought to be encouraged. Besides, they pay great Rents to many Gentlemen in this Kingdom, which must inevitably fall, if they meet with such discouragements as these are. Now seeing it doth appear by what hath been said, that so many Alehouses are no way at all beneficial to the publick good, but many ways injurious to the same, then there is reason to suppress them; and I conceive there would be little less of Beer and Ale drank then now there is; for all sufficient men that can bear the expence of their money and time, would then frequent the Innes upon all occasions, as now they do the Alehouses. THAT which hath been the Bane almost of all Trades, is the too great number of Shop-keepers in this Kingdom. For as it is Related by Mr. Coke, in a Treatise of his concerning Trade, that there are ten thousand Retailing Shop-keepers more in London then are in Amsterdam. Now the reason hereof is, First, Because for many yeares there have been no other Trades but these to receive the Youth of this Nation. Formerly, when the Cloathing Trade did flourish with us, there were many sufficient Mens Sons put Apprentices to this Trade. Secondly, Because the Shop-keeping Trade is an easie life, and thence many are induced to run into it, and there hath been no Law to prevent it; or if there by any, it hath been very slackly executed, which maketh very many (like a mighty Torrent) fall into it, which hath been Verified for several years past, by many Husbandmen, Labourers and Artificers, who have left off their Working Trades, and turned Shop-keepers. And of Quakers, great Numbers of late years are become Shop-keepers; for if a man that hath been very meanly bred, and was never worth much above a Groat in all his life, do but turn Quaker, he is presently set up in one Shop keeping Trade or other, and then many of them will Compass Sea and Land to get this New-Quaking Shop-keeper a Trade; And if he be of a Trade that no other Quaker is of in the Town or Village, then he shall take all their money which they have occasion to lay out and expend in his way, their Custom being to sell to all the World, but they will buy only of their own Tribe. Insomuch, that it is conceived by some wise men, that they will in a short time engross the whole Trade of the Kingdom into their hands. And then again, there are some of the Silk-weavers, but more the Clothiers, that deal in as many if not in far more Commodities then any shop keeper doth, that hath been Apprentice to his Trade; for they sell not only the Cloth that they make, but Stuffs, Linnen and many other things; and have such wayes to put off their Commodities which the Shop-keeper hath not; for they will Truck them off for Shooes with the Shoomaker, for Candles with the Chandler, and sometimes with the Butcher for Meat, and will make their Work-folks to take the same for their Work, (although there be an express Statute against it) and then these Work-folks will sell the same again for Money, to buy such Necessaries which they want. And it is not much better with them of the City of London, for there are many that do live in a Chamber, that do take twice as much Money as many Shop keepers do, who pay four times the Rent that they do, so that it cannot be imagined what an unnumerable Company of Shop-keepers are in every place; and such Practices as these have utterly empaired all Shop-keeping Trades in this Kingdom, which are Grievances never suffered in former times, being against the common good of the People of this Nation; And its desired they were speedily Redressed for these following Reasons. First, Because the Shop-keeping Trade is both a convenient and easie Way for the Gentry, Clergy and Communalty of this Kingdom, to Provide for their younger Sons, that so the Bulk of their Estates may go to the Eldest. For there are few younger Sons, who are Trades-men, that have much above one years Revenue of their Fathers Estate for their Patrimony. Now these being kept close to business in the time of their youth, do many of them come to be sober and industrious men; and with this small Portion to live a little Answerable to the Family from whence they descended, being serviceable in their Generation both to their King and Countrey, and many times keep up the Name and Grandeur of their Family, when their Eldest Brother by his vitious and intemperate Life hath lost it. And oftentimes it proveth Advantageous to their Daughers too; for it doth frequently happen, when the Gentry die, that they leave but small Portions to their Daughters, scarce sufficient to Prefer them to Gentlemen of great Revenues, (Parallel'd to their Families) yet nevertheless may be thought worthy and deserving of Trades-men, who are the younger sons of Gentlemen, and by their Matching with such as these, do come to live a little suitably to their Birth and Breeding. Indeed the Innes of Court and the Universities, must be acknowledged to be both of them Places fit for the Preferment of younger sons; but every one hath not a Genius capable of Learning those Noble (yet abstruse) Sciences, there taught and profest, who notwithstanding are capable enough of a Shop-keeping Trade. Besides, if every one were fit for either of these, yet they would not suffice to receive a third part even of this sort of youth, and then what should be done with the rest? Should they be brought up to no Employment? but be left to the Extravagancy Extravigancy of their youthful lusts, to commit such impieties and debautcheries which may justly entitle them to the Compellations given by Augustus Cæsar to his leud Children, viz. To be Called the Botches and Biles of their Family? As it is observable in those Countreys where the Gentry disdain to place forth their Children to Trades, who therefore turn very dissolute and vitious, and no way serviceable (in times of Peace) in their Generation, either to their King or Countrey where they live. Secondly, because Shop keepers by Reason of their Education, were never used to labour, and should their Trades be destroyed by these meanes. they will not know how to maintain themselves and their Families; but they that have been bred to work, may labour in any other Employment, if that to which they have been bred will not maintain them. Thirdly, Because this hath Rendred the Shop-keeping Trade to be unprofitable, like unto many unstinted Commons that no body is the better for. Now where there is no Order or Rule there must be Confusion; as it is in Trades a this time. And yet there is Order and Rule observed in other Vocations, and why not so in this? The Minister must not Preach until he is Ordained; The Lawyer must not Plead before he is Called to the Barr; the Chirurgeon Chyragion must not Practice before he hath his License; Neither can the Midwife Practise before she hath her License too: And therefore why should any set up a Shop-keeping Trade, before they have been made free of the same. This is one Reason why so few Apprentices, after they come out of their time, do get into the World, or can make any benefit of their Trades. Wherefore it concerneth all whatsoever, whether Gentlemen or Clergy-men, to be very solicitous for the Preservation of this way of life, which is so conducing to the Preferment of their Children. Fourthly, because it will Cost a round Sum of Money, before a Child can be setled in any Shop-keeping Trade. First, To breed him at school and to make him fit for the same. Secondly, To place him forth to the said Trade when he is fit: Which will cost in a Countrey Market-Town, not less then fifty or sixty pounds, but in London upwards of an hundred; so that these Trades do seem to be purchased, and that not only with Money by the Parents, but with a Servitude also by the Son. Therefore as I conceive, they ought to have the properties of their Trades confirmed unto them, even as other men have the properties of their Lands confirmed unto them: That is, that no Person do set up any Shop-keeping Trade, unless they be made Free of the same. And if any should plead, that it might be lawful for one man to use anothers Land as his own for a Livelyhood, he would presently be accounted a Leveller and a Ridiculous Fellow: And certainly no less can he be accounted, that should argue it might be lawful for one man to use anothers Trade. For this Trade is bought with the Parents Money, and the Sons Servitude, and intended for a future Livelihood for the Son in the same manner as Land is bought by the Father, and setled upon the Child for his future Livelihood and comfortable subsistence. Object. But it may be Objected by many, that a restraint herein doth hinder Ingeniousness, the end of that liberty hitherto impleaded. Answ. I answer, the end by these opposers chiefly intended, is herein altogether frustrated, viz. A further improvement of the Shop-keeping Trade, which (beyond controversy) cannot be more improved then it is already, and therefore an uncontrouled liberty of undertaking these Trades upon this account, doth (as I conceive) rather pervert the operations of a pregnant Wit and lively Phantasie, which might be better exerted in other employments, that are fitter subjects thereof, yet abundantly more conducing to the publick good; such are Mechanick Trades, and others, (that may set the Poor more on work) by inventing Artifices and wayes for the making such Commodities here, which are now bought beyond Sea, and brought to us from thence, where they are made. But I fear any thing of so good consequence will scarce be effected, whilest this Liberty of turning Shop-keepers is permitted to all Persons promiscuously. Indeed the Parliament made an Act to encourage the Making of Linnen Cloth, but for this Reason there are few or none who have Medled with it. Obj. 2. But some may say, should the Gentry be encouraged to put their younger Sons to Trades, it might have a bad Aspect on the Safety and Weal of the Kingdom, as may appear from the benefit the French receive by a contrary Practice, who instead of making them Apprentices, invite them to the Camp, by which means the French King hath alwayes multitudes of brave Souldiers, both for Valour and Conduct. Answ. I grant, that if the French had not this way, they would never have an Army of any Note for Prowess and Courage, but would be as faint-hearted and low-spirited as Women; Neither could they have Alarm'd all Christendom, as of late. The Reason is this, there are in France but two sorts of People, viz. The High Gentry, and the poor Peasant; Now these latter are alwayes Enslaved by the former, and thereby so much dis-spirited, that they seldom prove stout and resolute Souldiers. And hence it is, that they have not had one Pitched Battel in all the time of the late Warres; but on the other hand the English are of better Metal, for whilest they are well paid, and preferred according to their Merits, there will be in them no want either of Courage or Conduct. As may appear by the late unhapy Warres, where there were many, and some of them but of a very mean Extraction, that were as Eminent both for Courage and Skill in Military Discipline as any sort or degree of Men whatsoever. But this is altogher destructive in the Time of Peace and Tranquility, which is most for the good of Mankinde, and chiefly to be desired. For so many younger Brothers being out of all Employment for a Livelihood, do occasion great Mischief to a Countrey, either by Robbing, or by Insurrections, (which is worse,) and therefore the French King is always engaged in VVars, either Intestine or Foreign. And it would be worse with us than it is with them, because the middle men of this Kingdom have plenty of children, and so have the Clergy, and were it not for the conveniency of trade to dispose of them, it would be impossible but that there would be great confusion. Now in France there are no middle sort of men to have children, and the Clergy have none, at least that they care for owning; so that it is manifest to all, by these reasons before premised, that it is much against the general good of this Nation, that such liberty shou'd be permitted in the Shopkeeping Tade as now there is. But what way may be thought of to remedy the same? Now to this end I shall suggest some particulars that may be esteem'd necessary; first for the setling of a right order herein, and afterwards for continuing the same when once established. For the setling of the Shopkeeping trade, Obj. But if no person should be permitted to sell any commodity that belongeth to the Shopkeeping Trade, but Shopkeepers only, then what shall the Clothier do with such commodities that he receiveth in truck for his Cloth. An. If the Clothier be convenienced in selling his Cloth, then he will not be so much expos'd to ruck it as he was before; but however, if he do at any time truck his Cloth for any of the Shopkeepers commodities, that then it should be lawful for him to sell the same in gross, and by whose sale, to those that are of the Shopkeeping trade, but not to buy and sell it as the Shopkeeper doth. THis is another thing that doth add to the great number of Shopkeepers, which was never wont to be formerly; for although a Merchant-Tayler is a very ancient Trade; yet, it is suppos'd that either they themselves did transport those garments that they made, for which reason they were call'd Merchants, as well as Taylers; or else they sold many Garments together, by whole sale to them that did transport them; but not one single Garment at a time, as now our sales-men do; for if so, then there would have been many of this Trade in London, long before the memory of any man now living; but its far otherwise, for many remember when there were no new Garments sold in London, as now there are, only old Garments at second hand. Now this new Trade hath spoiled many other Trades, but especially the Woollen Draper, and the Mercer, which were formerly such Trades, that the most sufficient men in the Kingdom did place their sons unto; and the Tayler they have also spoiled, which was, and which would be again, a far better trade than the Sales-man is now if they were suppressed; which is as uncertain a trade as any is in the Kingdom; and there be more that do fail in this trade, than in any other whatsoever whatsover , that makes all men very cautious to trust them. And the reason hereof is; 1. Because they are obnoxious to loose not only by old fashion stuffs but by old fashion Garments too. 2. Because many of them set up with little or no Stocks, that they are often forced to sell for little or no profit; nay sometimes to loss, for ready Money to answer their Creditors. Obj. But Garments bought of them are abundantly cheaper than those bought at the Shops, and made up by accustomed Taylers, as they are called. Sol. This is so in appearance only, and not in reality; for should they work up their sale Garments with as good Cloth, or Stuff, as is bought at the Shops, and put in as good Linings, and bestow as much workmanship therein, as the customed Taylers do, then they could not be cheaper. But the reason that they appear so cheap, is, because the stuff they use in the sale Garments, is so very sleight, that no body would buy the same in the Shop; and because the Linings are very ordinary, being often taken out of old Garments: and farther, they make up that in a day, that the customed Tayler doth not make up in four days at the least. Obj. I know there are some that will say that they do buy their Commodities cheaper than the Shopkeepers do, and therefore it is that they do sell cheaper. Sol. But this is a very great mistake; for there are no men that do generally buy their wares worse than they, and that for those reasons before premised. But admit that they did sell cheaper (which as I say in reality they do not) yet they are a great hinderance to the common and general good of this Kingdom which should be chiefly prefered, for hereby is lost a greater conveniency than is gained by it; viz. three substantial Trades for the preferment of the Youth of the Nation, for one that is not near so good, as the meanest of the three, if this were away. For admit that a Gentleman of four or five hundred pounds a year, should save twenty or thirty Shillings a year, by his buying of the Sales man, (which as I conceive, might be the most that any such person can save by it) yet they cannot be so great a benefit to him as is the conveniency of two substantial Trades for the preferment of his younger Children; so that it will consist with good reason to suppress them, seeing they are so injurious to the common good of this Kingdom. And few of them would be prejudiced by it, because most of them are Taylers, and so they may be still, and others that are not so, may be permitted to take up any other trade that they mangage. THese are such that do proffer wares to sale by retail either by crying it in Cities and Market Town, or by offering it from door to door all about the Countrey, and which do greatly add to the number of Shopkeepers; for they carry their Shops at their backs, and do sell more that way, than many Shopkeepers do in their Shops, which is not only a prejudice unto them, but (if they are suffered) will (in time) be the utter ruin of all the Cities and Market Towns in England, for of late there is not any commodity to be named, and that can be any way ported, but that the Pedler doth carry all about the Countrey to sell; that people (after a while) will have little or no occasion to come to the Cities and Market Towns for any thing. This also was not wont to be formerly, and ought not to be now, as will appear if it be considered how much in these following particulars, the Shopkeepers are beneficial to the Common-wealth of this Kingdom; and hin how few of these the Pedlers are beneficial unto the same. 7. The Shop-keepers being sufficient mens sons, and being soberly, and religiously educated, they come to have (for the most part of them) such principles in them, that they detest to use any indirect way in their dealings. And if they had not this inward principle, yet the consideration how Prejudicial any such thing would be unto them in their Trades by reason of their fixed habitations, doth make them to do that thar which is right and just in their dealings. But neither of these can rationally sway the Pedlers, because their education usually is very base and vile, being (for the most part of them) wanderers from their youth, an imployment that few sober men do meddle with, so that no man knows whether they have any principle of Religion, yea or no, for it is seldom that any of them, are ever seen at any Church whatsoever: and then they being Wanderers, makes them bold to use any indirect ways in their dealing, when they have an oppertunity; for when they have done, and taken their money, away they are gone into another Country, and are seen no more in that place. And this is the reason that they do often sell one thing for another, as Callico for Holland, and do sell that by the yard, that is usually sold by the ell, and do often make less than measure, extreamly, cheating the ignorant Country people in the price of their commodities by their asking sometimes three times the price more than they can afford them. I shall not insist upon shewing wherein it is that they are prejudicial to the Shop-keepers, for this is obvious to every man already, how they do come into any place where the Shop-keepers Trade doth lie, and there do take most the ready money of their customers, whilst Shop-keepers commodities lie by them, and braid at home. And by this means they sell but little, (unless any one do want to be trusted) for they seek no further than their Shops for a trade, depending upon the people that shall come unto them, that do live within six or seven miles of the Town where they do live. I might add many other arguments for the suppressing of them, were not these (already mentioned) sufficient. Obj. But many will say that they do sell cheaper than the Shopkeepers will, because either they do buy their commodities cheaper, or else they do steal the customs, and so may afford them cheaper. Ans. This is impossible, except they be such commodities that have been stollen; for no man reasonably can apprehend, but that the Merchants will sell as cheap to the Shop-keepers as they will to the Pedlers; because if at any time they do want their money, they do know where to find the Shop-keeper, both him and his estate; but so they do not the wandring Pedler, neither him nor his estate. And then I suppose their stealing of custom will be no argument for their toleration. Now if the Shop-keepers do buy as cheap, then they will sell as cheap as they; and there is no Shop-keeper whatsoever, but but but will sell any such commodity that the Pedlers do sell, for a peny in the shilling or two shillings in the pound profit for ready money; and if they do sell for less profit, it can hardly be discerned by the buyer: And if they shall sell their commodities for less than it cost them, this can be no argument for their toleration; because hereby they may impoverish those persons that they do deal with, as already they have, and such that have been reputed to be with 20000l. Obj. But should they be suppressed, what shall so many thousands of them do for a livelihood? Sol. That for those that are Scotch-men, it doth little concern us, they being people of another Countrey: And for those that are English-men, there are few of them but were Labourers before they were Pedlers, and so they may be again, should they be suppressed. There are two more objections which I refer with their answers to the next Sect. As touching the way whereby to suppress these sort of men, I deem there need no other than the Law that is already in force, only it would add more strength to the Law, if the Statute of the 39th of the late Queen Eliz. were interpreted by the Parliament, to be meant of all persons whatsoever that should either cry the selling any wares in any City or Market-Town, except victuals only, or that shall wander about the Countrey, offering their wares to sell at the several places where they shall come. THis is another thing that (as well as Pedlers) doth greatly increase and add to the number of Shop-keepers, and doth likewise contribute towards the ruining of the Cities and MarketTowns in Englaad , and which was never wont to be formerly; for now in every Country-Village where is (it may be) not above ten houses, there is a Shop-keeper, and one that never served any Apprenticeship to any Shop keeping Trade whatsoever; and many of those are not such, that do deal only in pins or such small wares, but such that deal in as many substantial commodities as any do that live in Cities and Market-Towns, who have not less than 1000l. worth of Goods in their Shops, for which they pay not once farthing of any Tax at all either Parochial or National. Certainly all men must needs apprehend, that if this, and Pedlers be suffered, that Cities and Market-Towns must needs be impoverished, because then there will be little occasion (I say) to bring the Countrey people to them, the which hath happen'd in a very great measure already; for in some places there is not a fifth part of the money taken by the Shop keepers as was formerly, and in many places not half, and in some particular trades there is (as may be made appear) 25000l. stock made use of less than there was heretofore. And there are these several reasons following, why it is necessary that Market-Towns and Cities should be encouraged and upheld in their trades. Furthermore, the Kings of England have been alwaies furnished with men for their Wars out of the Cities and Market-Towns of this Kingdom; and the greater trade there is in any place, the more people commonly there are in that place: Therefore it concerns this Kingdom to have Trade promoted and encouraged in Cities and Market-Towns, that so we might have people enough at all times to resist an enemy that shall oppose us. Besides, poor and beggerly Cities and Market-Towns are a very great disparagement to a Country, but the contrary is a great honour: For what more graceful to a Kingdom than the many rich and wealthy Cities and Towns therein? for this reason, as well as for all those already mentioned, all persons that are of publick spirits, should do all they can to advance them, by encouraging of their trade; and no one way can do it more effectually, than to suppress those that do take their Trades from them. I might add here also, that many of the houses in Cities and Market Towns do belong to many Gentry, and therefore they should be concerned for the encouragement of Trade therein, because thereby they will advance their own revenue. But this particular I have mentioned already under another head. Obj. But these and Pedlers are a very great conveniency to the Countrey people, who have the opportunity of buying their commodities at home. Ans. 1. If any person is so in love with this conveniency that he is unwilling to part with it, then it is pity that the said person had any other way but this for the vending both of his own, and Tennants Country Commodities. 2. There are very few of the Gentry in this Kingdom, but who have Horses and Servants, and so can send to a Market Town at any time, for any thing that they shall want; and for others there are few in England (especially within 80 or 100 Miles of London) but they may either go or send thither two or three times in a Week. Formerly people had not this conveniency, and yet then they did well enough; for if they do not depend upon the having of any small thing at home, they will be sure to remember, to have all that they want, when they either go or send to a Town. However, if there be any such place, that is so remote from a Town, that they cannot send to it, without too much trouble, there a Shop-keeper may be allowed to set up, alwaies provided that he hath a certificate of his freedom of some Shop keeping Trade; and that the place where he shall set up in, be eight measured Miles from any Market Town, which is hardly six by computation. Obj. 2. But these and Pedlers do occasion more Wares to be sold, than otherwise there would be. Sol. If these and Pedlers be suppressed, then the people in the Countrey will frequent the Towns more, which will encourage the Shop-keepers to be better furnished than now they dare to be; and doubtless they will be as ingenious and as dexterous (though perhaps not so impudent) as the Pedlers to put off their Commodities; and people when they are in Town, will be apt to buy more than now they do, that they may not want when they have occasion; and so by this means abundance of Wares may be used more, because having thereof by them, they will be apt to spend the more; so that there will be little in this; besides, admit that these and Pedlers do promote the sale of some small trifles, yet they hinder the sale of those Commodities, that do more concern the publick good and interest; for if they be supprest, then people would frequent the Towns more, which will occasion more of Beer, and Ale, and Wine to be spent than now there is, which will advance both the King's Customs, and his Excise. Obj. 3. However some may say, it may be necessary for people in the Countrey to sell some small things, as pins, and the like. Sol. That under this pretence many will sell all other things, as hath been already shewed; and if men were of such publick spirits to endeavour to promote the trade of Cities and MarketTowns indeed, then it would be necessary that there were no trades permitted out of them, but such only that the Countrey cannot be without; such as a Black-smith, a Plow-wright, an ordinary Carpenter, and Mason, a Cobler, and a botching Taylor, fit only to mend and make the childrens clothes. Neither would it be necessary that any Ale-houses in the Countrey be allowed to sell any Wine, or that they have any Bowling-green, or any thing else that might hinder the Gentry from coming to Market-Towns. And as Shop-keepers in Villages, are a very great injury to Market-Towns, in the Countrey, even so are they to the City of London, that have (since the fire) set up in Convent-Garden, and on that side of the City; by which means many of the houses and Shops, are not tennanted, and those which are, the Rents of them are exceedingly fallen; and all this is for want of the Trade that they had formerly. Now considering what a renowned City that is, both for government, for Trade, and for stately Edifices, that its thought, there is not the like in the whole World; and considering the geat charge that they have been at in the rebuilding of it, it is very requisite that they should be encouraged as much as may be, and that their Trade should not be taken away by such ways and means as these are. Now there are some Trades whose Commodities are such, that it would be very little more trouble for any one to go into the City to buy them, than to go to Convent-Garden, such as Wollen, or Linnen Cloth, Stuffs, or Hangings for Rooms, or Plate, or the like; if then all such Trades, were prohibited from setting up on that side of the City, it would presently fill their Shops and Houses with people, and their City with trade, I had thought to have treated here, how the Shopkeepers are inconvenienced to get in their small debts, which cannot be done any way without putting the people concerned to three times more charges than the debt is, which is likewise a great hinderance to the poor, as well as unto them; but this I shall omit, this book being already swollen much bigger than I did at first intend. IT is the custom of all Countreys to endeavour the improving of that which seemeth most nearly and chiefly to concern them; and other things that are more remote, not to be solicitous for; and therefore the Dutch do endeavour the promotion of Trade, for that is their nearest and chiefest concern; and we do chiefly endeavour the improvement of rents and revenues, because this we apprehend is our nearest and chiefest concern. Trade seemeth to us to be more remote, although, as I humbly conceive, if it be rightly considered, that the way to improve rents and revenues, is first to improve trade; because the improvement hereof is the natural product of a good and flourishing trade. As for example if there happen to be a flux fux of rain to fill all the little rivulets and dikes, they do naturally cause the greater river to rise by their flowing into it; and the greater confluence of waters there is in any of these rivulets, the higher will be the tide of the greater river. Now it is the same between trade and revenues; for if there be any flux of trade, that the trades-men thereby have a plenty, it presently advanceth all the Farmers commodities, and so consequently rents and revenues too; which are not only lands in the Countrey, but houses and shops in Cities and Market-Towns; and the freer current there is of trading, the higher will be the tide of rents and revenues. And so on the contrary, if the Farmer be obstructed, the latter will be impeded and hindred. So that all persons are concerned to endeavour the promotion of trade. And for a farther incitement herunto, consider that the Dutch already have gotten into a trade with all the world, and the French King doth lay about him amain for his people to get into a trade too; and therefore it doth highly concern us to do the same; especially seeing that (as all Writers upon this subject do say) England hath as many conveniencies for trade as most places in the World, and the people are as industrious, only there wants laws to set their trade right, and afterwards to keep it in a right and good order: for if a watch be never so exquisitely and elaborately framed, yet if there be not a hand to set it right, and afterwards to keep it so, it will quickly prove faulty, even as it is with trade at this time. Now to the end that trade might be promoted in this Kingdom, and that it may be regulated and set in such order, that it might run in its right current, and that we might be able to balance either the Dutch or French herein; I shall humbly suggest these three necessary particulars, that in all probability will effect the same. 1. If there were a counsel for trade made up of some eminent trades men of the City of London, mixt with some of the Countrey, and some eminent Clothiers, who might consider what might be necessary for the promotion of trade, and for the right setling thereof, and who might suggest the same to the Parliament when they do meet, that so they may have the less to do herein; for the whole structure of trade is very much out of frame at present, which would require much time to set it right again; and the Parliament do seldom sit above two or three months or thereabouts at a time, and then they have such a throng of other business obtruding them, that they have little or no leisure to mind the concerns of trade. IF all those of a Trade were of one and the same Company, and had power to make some by-laws for the good of their Trade, it would extremely conduce not only to the promotion of the same, but to the keeping of it in a right and good order, preserving (at least) a temperamentum ad justitiam , if not ad pondus in our trades and negotiations. And doubtless ab origine it was so in London, as appears by the several denominations of their several Companies; the defect whereof, I judge, is the reason that the trade of that City is declining, and grown so consumptive, and (unless suitable and timely means be used in order to its recovery) will certainly and suddenly expire: For if none were of a Company but those only that were of the same trade, they would be freqently whetting one another to do something that might be for the advancement thereof; and every one would refrain the doing of any thing that might give a wound to the same, for fear of being reprehended by the Company. But now if any persons trade do differ from the trade of his Company, of which he is free, he doth then mind but little the trade of that Company, because he hath a small benefit by it; but if his trade be the same with the Company of which he is free, then he is very often mindful of what may be necessary to promote the same, because he doth expect a benefit by it. Now (I conceive) this might easily be reduced to what it was at first; for it would be no prejudice to any of the Companies, for every one to have the liberty to come into that Company that his trade is of, and to be in the same state and degree therein, as he was in, in that Company that he came out of, without paying any thing more for it; because, as they shall hereby lose some of their members out of every Company, so will there be received some more into them. Obj. Now there are two Companies in London, viz. the Girdlers and Fletchers, that the trades thereof are quite lost and gone, there being none of either of them; and if this device should take place, the rents belonging to those two Halls will be lost, because there will be no body to look after them. Sol. That the Linnen-Drapers have no Hall, and is no Company, which now is the most flourishing trade of the City; therefore it would be very convenient to joyn these two Halls together, and to make them belong to the Linnen-Drapers Company. And then to the end that this order might continue, it would be necessary that no person be suffered to set up the Trade of any particular Company, unless he be first made free of the same. Obj. But if this be so, then the priviledg of the City will be lost; which is, that he that is free of any trade, may set up any other whatsoever, that he can best live upon. Sol. My meaning is, that he that hath been Apprentice to a working Trade, should not have the priviledg of setting up the Shopkeeping Trade, and that for the reasons that have been already given: Yet I deny not but that it might be convenient enough for any Shopkeeper (that is only of buying and selling) to have that priviledg to leave his own Trade, and to take up another Shopkeeping Trade, that he may live better upon. But then it would be necessary that he should be enjoyned to leave his own Trade altogether, and to quit his freedom of his Company, and that within a certain time, that may be thought convenient; and that he be also further enjoyned to take his Freedom of that Company as the Trade is of that he intends to set up, and that within such a convenient time. And as this being in Companies, is necessary for Shopkeepers, and all other Trades, even so it is for Merchants too, that all they that do trafique to any particular Country, which should exceedingly encourage all Forreign trade; for there would be then such an order in the Trade of every particular Countrey, that men would gain thereby, whereas now it doth too often happen, that they do loose. I know there are very wise men, that are very much against Merchants being in Companies, but I cannot find that any Merchandizing Trade is managed so well, as those that are managed by Companies; and this appeareth by the Dutch, who do trade altogether in Companies, and who is it that hath such success in Trade as they have; likewise ourHamborough trade was never carried on better, than when they were in a Company, and it was then better for Clothiers too, then ever it hath been since: and I cannot but believe that if the Fishing trade, that is so advantageous to the Dutch, were committed to a Company, it would in a short time turn to a very good account. But I suppose that the reason that many are against merchants being in Companies, is because hereby many men would be barred from adventring to any Countrey, unless they were free of that same particular Company. Now to help this, it would be necessary that any one should have the liberty to be of any Company of Merchants that he hath a mind unto, always provided that every such person do engage to submit to the Laws and Orders of the said Company; and if it be so, it can be no prejudice to any man, for he that hath an estate enough, may be free of many Companies, and so may adventure into many Countreys. Obj. But now every particular trade, cannot be a particular Company in few other places but in London, by reason of the paucity of the Traders there. But yet nevertheless, they may be in Companies in the Countrey Towns, for there may be many Trades that may conveniently be of one Company; as all these Shopkeeping trades, viz. The Woollen and Linnen Draper, the Mercer, the Milliner, the Apothecary, the Grocer, the Chandler, the Ironmonger, and the Book-seller; even so many Shop-keeping working Trades may be of another Company, and many other working Trades, that are not Shopkeeping Trades may be of another, and those that employ the poor, may be a distinct company likewise. Now it would be necessary also, that these Companies in Market Towns, should have the same priviledges, as they have in the City of London; that is to say, that they might choose their own officers, and have power to make by-Laws, for the benefit of their trades, and bind Apprentices, and make them free, and to give them a Certificate of their freedome, without which no person should set up any Shop keeping Trade in any place whatsoever. Neither would it be fit for any one to manage two Shopkeeping trades, that is to say, such that either have been distinct trades of themselves, by the custom of the place, or that may be made so by agreement of the Shopkeepers of any place; for as I have said, it would be much for the benefit of the Shopkeeping Trades, that they are distinguished as much as may be. Neither should any person be admitted to manage any other Trade but his own, unless he doth leave the same altogether within some convenient time after he hath set up another; and in default hereof he should be liable to a penalty. And then it would be expedient, that that irrational custom of Corporations be taken away, viz. That no one should set up a Trade in any place, but there only where the party was Apprentice. I can see no reason for this custom in any place but London only; for why should any man that hath served his time to a trade, be barred from setting up in another place, if he can have a better livlihood there, than he can where he served his time or; if a young man shall be offered a Shop, and a Wife in another place; why should he be barred of such an opportunity, that is so much for his preferment. Therefore it would be necessary, that he that hath served an Apprentiship in any one place, might have the liberty to set up in any other whatsoever; always provided that he hath a Certificate of his freedome, and that he is not likely to be chargeable to the Parish. 3. If there were weekly Markets appointed in convenient places of this Kingdom, for all the manifactures thereof to be sold, it would extremely help our trade, and be a very great benefit both to the Sellers, and also to the buyers. For by this means, the Sellers, so soon as they have made their manufactures, would have presently a Market to go to, where they may meet with variety of Chapmen; and if the Market do not serve one day, it will be no great charge for them to go home, and to come another; when it may be their wares might go off better, and then all the rest of their time, they are at home looking after their affairs; whereas now, they are forced to spend a considerable part of their time, in running up and down the Countrey to sell them Wares, whilst their business doth go backwards at home. And as it will be convenient to the Sellers, even so it will be to the Buyers too, who by this means will have the opportunity of the choise of goods, and of furnishing themselves with all the assertments of such commodities as are sold at that Market, which they could never be supplied with by the Hawkers. Now one great reason, why so many manufacturers do run all about the Countrey, hawking of their Commodities, is because they have had hardly any other conveniency but this to sell them; except it be at Fairs, which (as it may be supposed) are not so convenient as Markets; and that for these following reasons. Now a Market every week will remedy this, because when this poor man hath made as far as his Stock will go, there is a Market ready for him presently to go to, so that by this means, he may seldom have occasion to borrow Money to drive on his Trade. Now concerning the places, that might be most convenient for these Markets, it would be necessary, that wheresoever any Commodity is made, that there should be a Market for the same, viz. at Meer for Ticks, at Sherborne for Buttons, at Taunton and Exeter for Serges, and Manchester for Dimithys and Fustions, and other Commodities made there; at Norwich for their Stuffs, and likewise at all Sea-ports, where any of our Manufacture is shipt off; as at Bristol, Southampton, Hull, and Newcastle, and the like; London will be a Market sufficient for all places within threescore Miles of it. And then when once these Markets are setled in the several and respective places, it would be necessary that no person or persons whatsoever, have any liberty, either to buy or sell any such Commodities, that are usually bought and sold by Shop-keepers, but either at the Market-place appointed in the several Cities and Towns, or at his or their own dwelling house, & he that should either buy or sell any such commodities that should be proffered, (unless it be in one of the aforesaid places,) they should be liable to a penalty. Obj. But should the Silk-weavers, and all others, be enjoyned to sell their wares at a market, it may be prejudicial to the whole-saletrade in London; because many Countrey Chapmen may buy at these Markets. Sol. That they have already in London a by-law, that all wares are forfeited that are forreign bought, and forreign sold, and none but Free-men are allowed to buy at Blackwell-Hall; and so it may be at these Markets: And for the benefit of the City, it may be more strict, viz. That it should be unlawful for any Free-man to allow any other to buy at these Markets in his name. NOw all men do look upon this to be one of the best designs that ever was in England, because hereby our Poor will be employed, our Land will be improved, and many thousands of pounds will be saved from going out of the Kingdom for this commodity. Concerning the place that would be most convenient for the setling of this Trade; it should not be any where within sixty miles of London, especially all along by the river of Thames; for all the land in this distance doth bring forth little enough to supply that City with Corn and other Provision: And besides, all these places would be most convenient for the clothing-trade, as appears by those reasons before given; neither would any of the West Countrey be convenient for it, because there they have a manufacture that is sufficient to employ them already. Therefore, as I conceive, that the only place for this Trade would be in the Northern parts of England, especially if the Irish Act be repealed; and that for these reasons. 3. That there be Linsters or Linneners in the Cities and Market-Towns in those parts, that should be encouraged, who might buy this Hemp and Flax of the Farmer, and cause it afterwards to be drest, and spun, and woven, and whiten'd, and made fit for the Market. And it would be necessary that the thread be whitened before it is made into Cloth, which will hereby the more resemble French Lockeram and Dowlas, and will be much the stronger Cloth. And the way to encourage the people to adventure upon this trade, would be to secure them from being losers by it; for those that are most likely to do good upon this trade, must be such that are stirring men, and that have some small stock of their own; which being all that they have to depend upon, are unwilling to hazard it in a publick concern; and there is no reason that they should, especially because its seldom but that he is a great loser who doth first adventure upon any new project. Now this is the way that the Dutch do take in any such design, and it must be the way that we must take to, if ever we intend to effect any thing of this nature in England, as is plain in that there have been but little or no progress made herein, though it be near fifteen years ago since the Parliament made a law to encourage it. Obj. But if those that do undertake this business be secured from losing, then the Countrey may be cheated; for they may pretend to be losers when they are not. Sol. It must be expected that in the obtaining of such a trade as this is, there must be some inconveniences dispensed with at first, which will be better born by a publick than by a private stock; and then this inconveniency may not be for any long continuance, but only unto such time that the people have learned the way, and are a little acquainted with the same. I shall not suggest any thing how this stock may be raised for the securing of those persons, because that may be easily done in the several and particular Counties where this manufacture shall be made. THere are several Statutes in force that are injurious to trade, but especially that for the subsidy of Aulneage, as will appear, if any one do consider, 1. The exceeding greatness of the forfeiture, which for not paying of two pence for a Seal, there may be lost a piece of Cloth worth fifteen Pounds. 2. That notwithstanding the greatness of this forfeiture, yet Trades men are continually obnoxious hereunto; it being not possible to avoid it; for sometimes the Seal will rub off in carriage, which being found, hath cost some men dear; sometimes they rub off in shewing, and tumbling of the Wares in the Shops upon Market days; or when men are busy, they cut off the part that the Seal is annexed to, and do not mind it; and sometimes Servants are careless herein; but in all these cases these Cloths, or these remnants of Cloth are liable to be lost; nay a Shop-keeper is hereby hindred from selling half a Cloth at any time to a Chapman; because they cannot both have one Seal on their parts, and he that hath it not is likewise liable to loose his; so that by reason of this law, the Shopkeeper is in danger of losing. By this means the duty is doubly paid, and more; for although there is not one Cloth or Serge that cometh into any mans Shop, without this duty being first paid, yet the Shopkeeper is forced to pay what the Aulneager will have every year; which commonly is more than the whole duty would come to, if he paid for every particular piece that he receiveth into his Shop; and if he desired more, the Shopkeeper must pay it; unless he will always be in fear of being prejudic'd. Certainly if Markets were established as is before suggested, they would remedy this, because then those concerned in the gathering of this Tax, may look only after the Cloth and Serge in the Markets, and so might not be permitted to examine any Mans shop, or at least, if they were, only whole pieces should be liable hereunto, and not any remnants; for no man for the saving of two pence, would cut his Cloth into remnants, and then it would be necessary, that the forfeiture doth not exceed five Shillings, which is enough for not paying of so small a sum; nay, and if the seal have been rubb'd off in the carriage, and that the Shopkeeper can procure a Certificate under the hand and seal of a Justice of Peace, that the party of whom the Cloth was bought, hath testifyed upon his oath, that the said Cloth was sealed, and that the duty thereof was paid; that in this case the forfeiture should be omitted. 2. The Person before mentioned Mr. Cooke. doth say, that the Statute against Naturalization, is prejudicial to trade, because there is a great want of People in England; there being so great a multitude, that have transplanted themselves into other Countries, and many lost by the late Wars, and by the great Massacre in Ireland, and the late great Plague; all which have very much depopulated England; especially all places that are upwards of fifty or sixty Miles off London; and then there is abundance of wast Land in England, such are Commons, which would imploy multitudes of people more than we have, though the law forbid other Nations: other Countries have thought this to be their interest, insomuch that they have not only invited the people of England, such that have had skill to work upon that Manufacture, that they have had a design to promote; but they have also encouraged them by appointing them a convenient place to live in, and exempted them for some years from paying those Taxes usually paid by the Natives; and if this be for the benefit of this Nation, (as is deemed, not only be the person before mentioned, but by many other judicious and Wise men,) then never was there their a better oppertunity for it than now, when so many parts are so sorely infested with Wars, that people would (in all likelihood) be easily induced hereunto: indeed these Walloons that setled in England, in the raign of Qu. Elizabeth, were never hurtful but helpful to this Nation, and the Art of making their Manufacture is now as beneficial to this Kingdom, as any other whatsoever; and doubtless so would it be, if a Colony of people that had skill to make Linnen-cloth, were setled in the Northern part of this Nation. The Irish act that prohibits the importation of their lean Cattel, doth greatly hinder Trade, in that the Money that was made of them was returned in Commodities; such as all sorts of Silks both wrought and unwrought; all sorts of Stuffs, both Hair and Worsted; Cloth Gold, and Silver, and Silk Laces, and many other Commodities, and then by this means there was meat in our Sea-ports for the victualling of Ships, which brought a Trade unto them from other parts; not only for Victuals, but for Tallow and Hides also; all which Trade by this Act is quite lost and gone. 2. It is injurious to the Grasiers too, in regard that these Cattel did cost less Money, and would fat sooner, and so did pay far better than would our English breed Cattel; and by reason that so much meat was vended into other Countries, from our Sea-ports, they always had a quick sale for their fat Cattel, which is not so now. 3. All men, both Gentlemen Trades men, and Countrey men, are injured by it, in that they pay at least a fifth penny more for their meat now, than they did before this Act was made, which if it were accounted from the time that this Act was made, it would amount to many hundred thousands of Pounds in the whole Kingdom: seeing then it is so much against the general good, it would be happy for this Kingdom if it was repealed; for there is but one little spot of the Land in comparison of the whole that receiveth any benefit by it, which is only in the Northern parts for breeding of young Cattel upon their Land, which (as I have said) would be as well improved by sowing of Hemp and Flax if in those Parts the making of Linnen Cloth was encouraged.

Economy

SECT. I. The Introduction.

The Trade of England Revived: And the Abuses thereof Rectified [...]

EcA1697

THE many Objections formerly made against the East-India Trade, because was carried on by the Exportation of our Coyn or Bullion, and by the Importation of Manufactured Goods and Toyes, were usually answered by the Advocates for that Trade, that such Goods could not be injurious, because were not spent in England, but Transported to Foreign Markets, and thereby occasioned the Importation of more Bullion than ever was Exported: But the Truth (which was formerly denyed) being now owned by this Treatise, that one half of the said Goods are consumed at Home, and that those Manufactured Goods do hinder the Consumption of what are Fabrickt by our own People. The Landed Men have now Reason to conclude, that they are more concern'd in this Contest, than the Weavers, as well for their particular Interest as the publick good: And therefore the Considerations here Offered are thought necessary, that these new Maxims and Arguments may be Examined; because the Rents of Land as well as Preservation of our Coyn, Consumption of our Manufactures, and the Imployment of our People, doth much depend upon what Resolutions may be taken for the settling of this Trade. The General Notions about Trade from Page the First to Page the Eleventh are postponed, to be considered at the end of this Treatise. Page the Twelfth asserts, To justifie the first Proposition, it is said, That we Export but 400000l. per Annum , of which 1/8 to 1/4 is in our Home made Goods, and that the produce of 200000l. brought home and spent in England, being the one half, yields us 800000l. and the produce of the other 200000l. being in Goods sent Abroad to Foreign Markets, yields us another sum of 800000l.: And therefore that England gains by this Trade 1200000l. per Annum clear. Page 16, 53. Instead of offering Vouchers to prove this Accompt, it is said, That it must be clear Gains, because the half spent in England prevents the Exportation of treble that sum in Money, which would otherwayes be carried out for the purchasing of Silks and Linnens in Foreign Parts, and that the other half must be clear Gains, because no one versed in Merchandize will deny it. Page 16. And for a further confirmation, the Author tells us Page 17, That he hath cogent Reasons to believe this Nation did increase in Riches from Anno 1656 to Anno 1688, 2 Millions per Annum ; and that after much study and thought did find, that the said increase did arise 900000l. by our Plantation Trades, 500000l. by our Products and Manufactures, and 600000l. from the EastIndia Trade; which we must believe, because he saith the matter is not capable of any clear demonstration to the contrary. Page 18. It is thought convenient to answer this Accompt with an Accompt much different, and yet probably as true, viz. That there hath been Exported for India Annually ever since Anno 1673. when the Trade in Manufactured Goods from thence begun first to increase till Anno 1690, about 600000l. per Annum in Bullion by the Company, Private Traders or Interlopers, from England or Spain, and that the Goods brought from thence never brought back into England, nor saved the going out of 200000l. per Annum in Bullion: And therefore that this Trade, instead of being profitable to us, hath exhausted about 400000l. per Annum of our Treasure, and done us much Mischief by the Importation of such Goods; and that our Riches have not Increased ever since Anno 1666, but have Annually Decreased very much by Trade. But before any Argument should be enter'd upon, which of these Accompts is most Justifiable, 'tis requisite to agree upon matter of Fact and Principles, particularly what may properly be called the Riches or Treasure of a Nation? Or what may be esteemed the most Useful, after what is absolutely Necessary, to supply the Necessities of Nature? Some being of Opinion that nothing doth deserve that Name, or to be so esteemed, but Gold and Silver; because no other Metal is so lasting and durable, or so fit to receive the Royal Stamp, nor to be ascertained in Value, and divided into several Denominations, nor so convenient to pay Fleets and Armies; and because hath a general esteem in all parts of Europe, as fit for such uses, and to be the Standard for the carrying on of Commerce, and to be Barter'd off for all other Commodities. That Jewels, Lead, Tin or Iron, though durable, yet having not those other qualifications, do not so well deserve to be esteemed Treasure. That Silks, Woollen Goods, Wines, &c. may be esteemed Riches between Man and Man, because may be converted into Gold and Silver, yet do not deserve to be esteemed the Riches of the Nation, till by Exportation to Foreign Countries are converted into Gold and Silver, and that brought hither, because are subject to corruption, and in a short course of Years will consume to nothing, and then of no value. This being stated, if agreed, whoever will undertake to make out, that we have either by the East-India Trade gained 1200000l. per Annum , as asserted, Page 15, 16. Or that the Nation did increase in Riches from Anno 1656 to Anno 1688, two Millions per Annum , must make out that so much was Imported in Bullion, over and above what was Exported: Which is so far from being generally believed, that many are of opinion, we have had our Treasure Annually exhausted ever since 1666, not only by the East-India Trade, but also by the great Exportation of our Coyn to the Northern Kingdoms to purchase Naval Stores, and Deals, Timber and Iron, used in the Rebuilding of London, and a greater number of Houses since erected elsewhere, and to other places and Countries for supplying the many losses of Goods that were burnt by the Fire, or spoiled in removing, for the purchasing of Foreign Commodities for the furnishing of the new built Houses, and to carry on the French Trade. From Anno 1656 to 1688 is 32 Years, which at 2 Millions per Annum is 64 Millions. All that remember how plenty Money was in this Nation Anno 1656, may find reason to conclude that we have not now in the Nation as much Gold and Silver as we had then. So that either the 64 Millions hath been spent since 1688, (which no Man can believe) or else was never gotten; which is most likely to be true: Because, according to the best computation that can be made, it is concluded there hath not been Imported into Europe from Africa and America (from whence only any quantity of Gold and Silver comes) since the Year 1656, much above 2 Millions per Annum , and it cannot well be imagined that we have got all to our shares: But if the Author had spent more thoughts, and study, to have found out where the 64 Millions he mentions to be gotten, are now to be found, would have done the Nation a great kindness at this time. In justification of what hath been said, that we lose by the East-India Trade, as it hath of late Years been managed, these particulars are offered. Till these Objections be removed, we must be very credulous if we believe that the India Goods Exported bring us back as much Treasure, as that Trade carries from us in Bullion, and if not brought in by the Goods sold abroad, cannot possibly be brought in by the other half of those Goods spent at home. But to salve that, it is argued in this Treatise, that nothing can be a clearer Gain than 600000l. per Annum by the Goods spent at home, because so much would otherwayes have been Exported to purchase Foreign Silks and Linnens. But this Argument will appear to have no ground if our Course of Trade in Silks and Linnens from the European Nations be look't into, and how and for what uses those Silks and Linnens, and these from India are consumed, that will make it plainly appear that these Goods from India do us no such Service, and are so far from being a clear gains, upon any such Account, that do not save us any thing material, but are pernicious in the highest degree. It is well known by all Traders, that the Silks imported from France were most Lustrings and Alamodes which have been computed to amount to 400000l. per Annum , what other Silks came thence, were esteemed for their being of some new fashion, and were usually high prized Rich Silks. The promoting of the Lustring Company to Manufacture Lustrings and Alamodes here, and incouragement to our Weavers to make such Rich Silks may prevent their coming from France, but which sort of these Silks from India are spent in the room of Alamodes or Lustrings or of any other Silks, that did usually come from France, is unknown to those skilled in that Trade. The Silks that usually came from Holland were Velvets, Alamodes and Lustrings; and from Italy, Velvets, Damasks and Taffaties; though it be not doubted but the Silks from India do hinder the Consumption of some Damasks, Taffaties and Sarsenets, yet being those were all, or most, purchased by the Products of our Manufactures, we had better have them, then send our Money to the Indies to purchase these. Diaper, Dowlas, Canvas and Lockrams, which were four sorts of Cloth that composed the vast quantity of Linnens formerly imported from France, which as well as other Linnens taken from Hamburgh, Germany, &c. were most used for Sheeting, Shifting, Tabling, and such other uses in Families as have not hitherto, nor is it likely will ever be supplyed by these Linnens from India. The Muzlings and fine Linnens from India, it may be observ'd, are consumed for long Cravats, Nightrails, Commodes and Window Curtains, (an Expence not known in England till within these 20 years) also for Aprons, and thus do hinder the Consumption of Cambricks, and Lawnes, and the course Callicoes, of some course Cloaths. But if Cambricks and Lawnes, and most of such course Linnens were all purchased with our Woollen Manufactures; then we shall find reason to conclude we did ill to introduce the Expence of these Linnens from India, which are so far from being a clear gain to England, as asserted Page the 16, that they are costly and mischievous upon several Considerations. As it doth not appear upon these Examinations that the East-India Trade is beneficial by bringing in more Bullion than carries out or by hindring the Exportation of any of our Coin for Silks or Linnens; so it may be affirmed, that the Silks do us a further Mischief by being spent directly in the room of our Stuffs made of Wooll, Hair, and mixt with Silk, and Worsted, and that no other silk made abroad, did ever serve for those uses, and therefore most dangerous. The Arguments derived from the great Gains made by that Trade, as by several Accompts in that Tract, ought to be lookt on, as blinds or baites for unthinking men; for if the accompts be not true, then the Arguments grounded thereon cannot be good. It is well known the Company doth not export the Goods they bring, but sell them at a publick Sale, and that in the most flourishing times seldom got clear 50 per C. by such Sales, the Merchants or Shop-keepers who buy of them, get 10 to 20 per C. more, either by sending abroad or retailing them here, adding to this what is paid for Customs and Charges, yet all will fall much short of this Computation, and that part which is thus gotten by Sales at home, is gotten by their being a Monopoly, and cannot be reckoned as gains to the Nation; and taking the Stock from Anno 1657. when first Incorporated to this day, there hath not been divided, (the Author owns Page 52,) not 20 per C. others think not 10 per C. per Annum , amongst the Adventurers in that Company; and the Crown, Capt. Dorrel, who went an Interloper, was thought to make an extraordinary Voyage, because divided 50 per C. and few others ever made the like. So that without better Vouchers then are produced in that Tract, these Accompts ought not to pass, neither ought we to believe that what is pretended to be gotten by the East-India Trade was so in Fact; no such Gains having been divided amongst the Adventurers, much less to the Nation, which may appear by their Books to be true, whatever Gains have been made by some particular Persons; but if 300 per C. then must be hid as part of 64 Millions gotten by Trade since An. 1656. And it cannot be denied, but that this Trade hath the Worst Foundation of all the Trades we drive, because carries from us Gold and Silver, which we cannot well spare, and brings us back Toyes, Handicraft and manufactured goods, which we least want, not only to the hindrance of the Consumption of our Wooll, but the imployment of our people (from whence only Riches can have their original) and being the foundation is so bad, it will happily be found impossible to make the superstructure good. Measures taken of Trades, by the Gains made by the Traders, will alwayes prove Erroneous; from a due consideration of what sorts of Commodities are Exported, and Imported, a true Judgement can only being made, whether the Trade to any Country be good or bad. As it hath been made out, that it is not probable that the Bullion Exported to India hath brought us back by the Goods transported to Foreign Markets, and that the Goods sold here do us any considerable service, by hindering the Importation of Foreign Silks and Linnens; so it is plain, that the pretended Gains made by that Trade on the Goods sold here is not Gains to the Nation, but gotten out of our own Peoples Pockets, by the Sales of such Goods to the Gentlemen and Landed men, or others, who are the Consumers, but not concerned in the Stock, by making them give great Rates for what they buy. The Nation by any such Sales to our own People cannot be imbursed of the Treasure sent out, in Gold or Silver, or get more then they would by taking away an Estate from A. to give to B. But if this be a good way to bring Gains to the Nation, to carry on Trade by Joynt-Stocks, then certainly we have been very imprudent, not to set up more Monopolies for Trade; there being several Trades, as well as Commodities, that might be named, of which if any Persons could get a Monopoly, or the priviledge of the sole Buying and Selling, would as probably make four for one, or as much as can be made by these Goods from India. Those that argue against this, have forgotten the Arguments amongst others which have been alwayes given by the Advocates for this Trade, for its being carried on in a Company with a Joynt-Stock, that when the Trade was Free and Open, before Incorporated Anno 1657, that all the Traders lost by it; and it was the chief Reason given for obtaining that Charter, and what have since weighed very much for the supporting of this now in being. When Persons that have a Trade Incorporated sell their Goods at extravagant Rates to Foreign Countries, what may be gotten by selling them dear may in some cases be advantagious to a Nation; but extraordinary Gains made by any such Persons on Goods sold to our own People to be spent at Home, will appear to be Gains made by working upon the Nation, not for the Nation; to the advantage of some by the prejudice of others. If it be said, that this Trade hath a good foundation, because Materials are plenty, and Labour cheap in India; it being agreed that these Manufactured Goods are spent both Abroad and at Home, in the room of our own. This instead of being an Argument for recommending this Trade, will appear the most dangerous part of it: For unless our Wooll fall to nothing, and the Wages of those that work it up to 2d. per Day, and Raw Silk and Silk Weavers Labour proportionable, the India Goods will occasion a stop to the Consumption of them; because those from India must otherwise be Cheapest, and all People will go to the Cheapest Markets, which will affect the Rents of Land, and bring our Working People to Poverty, and force them either to fly to Foreign parts, or to be maintained by the Parishes: And therefore how the Landed men are concerned in the Contest about this Trade, they may do well to consider. By what hath been said in answer to this Proposition, it may appear that as long as we manage the East-India Trade as we have of late Years, we shall lose by it: That Gold and Silver is the only or most useful Treasure of a Nation: That we have not increased in Riches since Anno 1666: That the Consumption of East-India Silks and Linnens at Home do us no service, by hindering the expence of any Foreign Silks or Linnens: That the India Goods Transported do not bring us in near the quantity of Gold and Silver Exported to carry on that Trade: That the EastIndia Trade hath a bad foundation: And that the great Gains made by Merchants, or Traders that carry on that Trade, is because the Trade is confined to some few Persons, who are but as one Buyer and one Seller: And that nothing but Bullion Imported, can make amends for Bullion Exported. Which if not observed we may Trade away our Riches, but not get Riches by Trade. The second Proposition is, That to Prohibit the Wearing of Indian Silks, &c. will be destructive to the Trade of England. Consider'd under three Heads. By what is said under this Head relating to the Woollen Manufacture it plainly appears, that the Author of this Treatise is of Opinion, that our Nobility, Gentry, and Landed Men, make too much of their Estates by selling their Wooll too dear; and that after many thoughts about it, had found out an effectual way to remedy this evil, by endeavouring to perswade them, that it is advantageous for us to send our Money to the Indies to buy Manufactured Goods there, to be spent at Home, as well as Abroad, in the room of our Woollen Goods, which he endeavours to prove is their true Interest to do, as well as the Interest of England, and that therefore it is their best way to sell their Wooll very Cheap, and to get little by it, that it may be Exported: And for their Comfort tells them, that though they may thus make but little of their Wooll, yet that those that drive the India Trade at the same time may make 400l. of 100l. Pa. 28, 29, 30, 31, 32, 33. That our Woollen Goods consumed at Home do not inrich the Nation, and that a high Price on our Woollen Manufactures may hinder the Sale of them, is agreed; but that we must therefore send our Money to India to purchase the Manufactured Goods made in those parts to be spent at Home, and Abroad, in the room of our own, in order to bring down the Price of them, by making Wooll and Labour cheap, are false Conclusions drawn from true Principles. If after we have used our best endeavours to keep up the Price of Wooll, and the Expence of our Woollen Goods, it should be our misfortune to be disappointed by the increase of such Fabricks in other places, or disuse in the Expence of them, we should and ought to submit with Patience; but it would be unanswerable to be so zealous to have it done, as to give the first blow our selves by discouraging the Expence of them at Home. The Author of this Treatise might have done well to have told us to what price he would have Wooll fall, and in what places we can Consume more Wollen Goods abroad, many Landed Men have for many Years past found Wooll already so Cheap, that cannot without great difficulty make their usually Rents of Sheep ground now, and the generality of Merchants will own, that have not got by Trading in Woollen Goods for these 30 Years last past 6 per C. per Annum , the insurance of Adventures paid; and if it be considered how the Manufactures of Wooll are increased in Ireland, Holland, France, Germany, Spain and Portugal, and what a Drugg our Manufactured Goods are become beyond the Sea, and that have been Exported of late Years, rather out of Necessity to provide effects, then out of choice in hopes of Gaines; no Reason will appear for bringing Home, or incouraging the Expence of these Goods, if not in order totally to Ruin the Manufactury, unless we could be assured that the Falling of Wooll and Manufactures to a low Price, would first Ruin those other Manufactures, and then that ours would certainly Advance in Price again; or that it could not be done by opening the East-India Trade, and making those Goods Cheap, as well as by running down our own. And we should also have been told how the Landed Men and Poor should subsist whilst the Experiment was making, and how in case this Project should not take, we should retrieve what we may Lose by trying it, and how we should regain the Expence of them at Home, after the EastIndia Goods have gotten Possession by an uninterrupted unterrrupted usage: Unless these things be plainly made out, there will not appear any great Reason why we should permit the India Goods to jostle out the Expence of our own, and thereby occasion the Falling of Wooll, from 8d. to 4d. per Pound; For if the Landed Men should be disappointed in their expectations, would then conclude that were Cullied out of their Mony by being perswaded to part with a Bird in Hand, in hopes to get another out of the Bush from an unknown Country. What Woollens, Silks, Linnens, and other Goods of our own Make we spend at Home, are for the supply of our Necessities; and hitherto hath been thought very advantageous, to save the Expence of such or the like Goods from abroad, as well as to imploy our People; and that the expence of such have always proved not only most Secure for our advantage, but the Cheapest: If we should reject our own, and prefer the Consumption of those from India amongst us, we may reasonably expect that other Nations should by our Example do the same, and so by our own endeavours destroy what we ought to be industrious to preserve. It might as well have been argued that the best way for a Country Gentleman, that hath all Conveniences about his House of his own, should instead of using them for himself and Family, send his Mony to Market to buy, and then send his Products abroad in hopes of making of Mony of them, though he do not know of any Market or Buyer for them; or that we should not imploy our own Ships from Newcastle, or from Port to Port on our Coast; but the Dutch, who Sail Cheaper, to force our own to seek imployment abroad, in hopes might thereby bring Mony to the Nation. But if it should be understood that notwithstanding what hath been said it is our Interest to spend these Indian Goods at Home, that we may save our Woollen Goods to have the more for Exportation; if no stop must be put to spending them, either at Home or abroad, seeing the 150000l. worth, which were brought by the last three Ships will appear to be more, then it may be presumed were brought here from the Year 1600, to Anno . 1670, though then a Trade was constantly driven to India: If such great Gains be made on them, why may not the East-India Merchants be tempted to go on increasing this Trade, till bring sufficient quantities to supply all Markets abroad as well as at Home. This is so far from being a groundless Supposition, if the Gains be so Great as represented, (or but 50 per C.) that according to the usual Course of Trade, we may presume that if this Trade be approved by authority may increase very fast. For what Merchants will imploy their Stock, or their care to carry on the Trade in our Manufactures, when can have no hopes of more Gains then 6 per C. If by getting into the East-India Trade and Dealings in those Goods, may have such great Profit as the Author hath Suggested: Therefore we should have been told what we should do with our Wooll, and our People too, if that Trade should thus increase upon us, which is more probable then that the Expence of our Woollen Manufactures will increase, if the Consumption of those Goods from India be continued. But least these and such like Arguments given in that Treatise to perswade us that it is our interest to Consume these Goods at Home, should not be sufficient: At last the old Bugbears the Dutch, are called upon to frighten us into it, who, as upon all occasions when any contest hath happened about this Trade, are usually Summoned for that purpose; and therefore it is said Page the 33d. that if the English were forbid to bring India Goods into Europe, the Dutch would; and thereby hurt abroad the vent and Consumption of our English Cloath: But this needs no answer here, it being not proposed that the English shall be Prohibited from bringing these Goods into Europe; but only the Consumption of them in England; and the Consumption of our English Cloath were never understood to be much prejudiced by these Goods. This Head cannot be concluded better then with the Authors own Words, Page the 9th. As Bread is called the Staff of Life, so the Woollen Manufactures is truly the principal Nourishment of our Body Politick; which being an undoubted Truth, the Arguments in favour of East-India Goods, that they should be Consumed, either at Home or abroad in the room of them, are the more to be admired, because looks as contradictory as to affirm that the best way for a Man to preserve his Life, were to Cut his own Throat: And as much against prudence in the Carrying on of Trade, as that we should Discourage the Expence of our own Corn at Home, on a Supposition that by sending our Mony abroad, we may get Cheaper, and so force the Exportation of it; or that by Selling our own Cheap here, we may introduce the Exportation of it; or by having Woollen Goods from Ireland, to be spent here instead of our own, we may make great advantages by Exporting ours. Upon this Subject the Author labours to make out that Silk and Linnen are not the Genuine off-spring of this Kingdom, nor the Manufacturing of them Calculated for our Meridian: That though some of the Materials may be had from our own Soil, yet most from abroad: That our Wages are so high we can never expect any good from these Manufactures; and that therefore our People must be imployed upon our Wooll, that we may purchase Silks and Linnens from abroad, in Exchange of our Woollen Goods; and if we do not take that Course we shall Lose our Trade to Silezia, Saxony, Bohemia and Poland; and that it is the prudence of a State to see that industry and Stock be not diverted from things profitable, and turned upon Objects unprofitable. How Silks or Linnens perfectly Manufactur'd in India, bought with our Mony should be esteemed more the Genuine offspring of this Kingdom, or better Calculated for this Meridian, then our Silks and Linnens Manufactured at Home by our own People, is not apparent to all Mens understanding; especially being the Linnens are Fabrickt with Materials of our own growth, and the Raw Silk we generally have, is purchased by the Product of our own Manufactures, and but of a small value in proportion to the Labour bestowed in making it up, (which must be owned to be all our own) and that we cannot spend our Goods in Turky or Italy, without taking their Silk in return: Upon all which the proper Question is, whether we had best run the Adventure of Losing or discouraging such Manufactures at Home, and those Trades abroad, rather then put any stop to the Consumption of these beloved Goods from India. As the Author hath sufficiently by such Arguments discovered his Transports of zeal for the East-India Trade; so how much prefers the welfare of the Moguls Subjects, the advancing of his Lands, and the imploying of his People before those of his own Country. Though many young Gentlemen have been prevailed with by Tradesmen, or those that serve them, to despise their own Products, and to spend in the room, what imposed upon them by such Traders; which hath too often ended in the destruction of their Estates; yet it may be said to be a bold attempt to endeavour to perswade the whole Body of the Nation, that it is their Interest to do so also; and to imploy none of their People on Silk and Linnen, because all hands may be imployed on the Wollen Manufacture, that all such Goods may thereby be Sold Cheap: But if Selling Cheap be so advantageous, and the true Interest of our Landed Men, that the Livelyhoods of so many People as live by the Silk and Linnen Linneen Manufactury, must be Sacrificed to effect it: Why hath he not given also some Arguments to have perswaded our East-India Merchants, or other Traders (who seldom think they get too much) to have given a good Example by Selling Cheap also? For without some such, though the Landed Men should sink their Price of Wooll, and the Poor Weavers should be taken off from the Silk and Linnen, that the Wooll might be Wrought up and Sold Cheap here to the Merchants, yet they may keep up the Price abroad, and Sell as dear as ever; and then this Project would occasion a Loss to the Landed Men, and disappointment to these Weavers; only to give a good opportunity to those that send such Goods abroad, to Gain the more by them: And if the Author be of opinion that the Expence of Manufactured Goods from the India be so advantageous, and that Selling Cheap is the way to increase Consumption; Why hath he not proposed the opening of that Trade, that it may not be any longer a Monopoly, that those Goods may also Fall in Price? For if there be 300 per C. gotten by them as he affirms, though should Fall 200 per C. yet would afford more Gains to the East-India Merchants then the Wooll or Woollen Goods to the Landed Men, or Clothiers at the present Prizes; and be the occasion of so great an increase of that Trade, that in a short time we should see no great need of taking of the Weavers from the Silk and Linnen Manufacture to be imployed on the Woollen: For the Goods from India would Supply the Markets in the room of them both abroad and at Home; that so there might not be any great need of many of them, especially if none must be Spent at Home, as the Author would have it. But we are told Page 42. that some of the Materials for Linnens may be had from our own Soil, though too dear, and not enough: But the Author hath had the ill fortune to be misinformed in that also; for the Bishoprick of Durham alone, will afford as much Flax (if incouragement were given for the Manufacturing of Linnen) as to make sufficient to furnish all England; and the County of Somerset, as well as others, would be found capable to supply any defect; and that there are many poor People in Durham that work for 3d. per Day; and that they make a Thread so fine as to be worth 12s. per Pound; and that there is Linnen of 7s. per Ell made at Malton in Yorkshire; and that we could make sorts fit for Tabling, Sheeting and Shifting, upon which the great expence of Linnen depends, very good and sufficient for such uses, to furnish the Nation: If cannot well be afforded so Cheap as to contest with what comes from Foreign Parts, yet should not be discouraged upon a supposition, that it is not the genuine off-spring of this Kingdom; for many Manufactures in this and several Countries, from a small beginning, have come to great Perfection, and therefore ought to have all incouragement given to it. That it is not come to more Perfection may happily, upon Examination, be found our own fault. If the original, or chief cause or means of Riches must be from the Labour of our People, how do such Arguments, as are used in this Tract, consist with that Maxim? Our Woollen Manufactures must be reduced to near one half by not spending them at Home, Silk and Linnen Manufactures not convenient, and if Paper and Shooes, &c. had stood in the way of East-India Goods, it is probable that by the same way of arguing, those would have been cryed down also: And being about 40000 Fans came in the last Ships from India, with some Handicrafts Wares, as usual in all Ships, if they should be permitted to increase, with the Silks and Linnens from those parts, being purchased with Bullion, how shall the State imploy the People upon Profitable Objects, or prevent Poverty from growing upon us, unless could find out Mines of Gold and Silver: And therefore we should have been told, how our Industry and Stock could have been better imployed then in such Manufactures, before such advice should be given for the discouragement of Woollen, Silks and Linnen. But upon the conclusion of this matter, the Author seems to be of Opinion that Silk and Linnen may do well in process of time, when England shall come to be more Peopled, and when a long Peace hath increased our Stock and Wealth; but the Author doth not tell us how the People we have shall live in the mean time, nor of any probability how our Stock or Wealth shall increase, nor how we shall then set up again, promote or incourage such Manufactures, if we should now permit them to be destroyed, being our being in War is an advantage to the Sale of some of those Commodities; neither doth he tell us by what we shall get Money to carry on this EastIndia Trade in the mean time: For some are of Opinion, that our Trade to India hath been carried on by Money arising from the Labour of our People imployed in other Trades, and not by the Gains or Returns we make by it; neither doth he tell us how we shall get Money to purchase the Linnen and Silk he would have us take from Abroad, nor what incouragement will be left for the increasing of People if these Manufactures be destroyed. Page 28. and 34. having well argued how it is our Interest to imploy the People we now have, and that we want more; it looks like a Contradiction to argue, that we should not imploy any in fabricking Silk or Linnen, nor on Woollen Goods to be spent at Home. All to the Plow and Cart may be too many; and such as have been bred in Inland Countries have not a Genious, Spirit, or Inclination to the Fishing Trades. If the Author of this Tract had gone as often to Spittle-Fields or Canterbury, as it may be presumed he hath to the India-House, and had informed himself what vast numbers of both Sexes, and of all Sizes, are imployed in that Manufactury, and had their sole dependance thereon, would probably have received such impressions as to have induced him to have forborn giving the Opinions he hath about that Manufacture, and have been convinced, that our English Weavers, even in that Manufacture, have shewed themselves able to contest with the French, Dutch and Italian, both as to Price and Goodness, notwithstanding the great Misfortune we lye under, of having so many of our Gentry fond of no Silks but what come from Abroad. That this Manufacture hath increased very much in this last Age, notwithstanding these difficulties, is an undeniable Proof against what is asserted, that this Manufactury cannot thrive in England. Men being so apt to mind their particular Interest in matters of Trade, that it is to believe a great Contradiction, that it should so much increase if it could have been out-done by the French, Dutch or Italian Silks, so as to have prevented the Makers or Master Weavers from making Profit by them; and how they have improved, to make them as good (if not better) than any made beyond Sea, may be evident to any person that will make an inquiry, examine or compare them, with what come from Abroad. Upon this Head it is argued, that it will endanger the loss of half that Trade. If he mean that part of the Trade which is carried on by the Importation of Manufactured Goods, Handicraft Wares, China, Lacquer'd Ware and Toyes; and would have it understood, that a stop to the going out of our Money to purchase these Commodities, would occasion any Loss to England, would have done well, First, to have made out that ever we gained by those Commodities; otherwayes there be many that would not be much troubled to have that part of the Trade lost; it being supposed that the Salt-Petre, Druggs, Spices, and Course Callicoes, are all the Commodities we ever had from thence, that were necessary for us; and there can be no great danger the Mogul will deny us those, tho' we should leave him these for his own use; because till about the Year 1670, we did not usually take any others from him: And it may be difficult to find out any way to make that Trade Profitable, but by confining our selves to those Commodities, that we may send out little Money, and by Trading from Port to Port, and making Gains there in Trafficking with the Indians. His Arguments against any such Prohibition, because no such Law would be observed, may be made against any new Law, and supposeth a strange Weakness in our Legislative Power; and that being one half of the Goods from India are spent at Home, there will be no incouragement for the Merchants to ingage in this Trade to India. If must singly depend on the Markets Abroad, is contrary to what hath been practised; for there was an East-India Trade long before we ingaged in these Manufactured Goods, and against his own Opinion in reference to our own Goods; having a little before argued that our Woollen Manufactures should all be sent Abroad; which may be as great a discouragement to Merchants, Clothiers or Weavers, to ingage in those, as for the India Merchants in these: And if it be agreed (as it is) that either our Woollen Goods, or those Silks, must travel, Why should we not rather put that difficulty upon these Goods, than upon our own? But at last would not have the present time good for such an Alteration, nor have it done rashly, nor without contemplating the Universal Trade of the Nation, whereas this Matter hath been already under Consideration Fifteen Years, and without much time in Contemplation, we might be satisfied that our Coyn growes scarce, and that this Trade hath for several Years carried out near as much Bullion as we have Imported from all parts of the World. But least all this should not prevail to have this Trade continued, the Dutch, as usual, are again mustered up; though upon a due Consideration of their Trade to India, and how it is carried on, no well grounded Argument can be brought for the continuance of this branch of that Trade from any thing relating to that Nation. The Dutch having had sole possession of the Island of Ceylon, the chief Islands in India for Cloves, Cinnamon and Nutmegs, for about Forty Years, and got the Command of Bantam, where Pepper is Plenty, and of other places where Spices are to be had: By that Commodity, and by Trading with their Ships, Spices and Goods, in those parts, and bringing Home what thus got, for the European Markets, no doubt have made it an Advantageous Trade to them; but they never sent out any considerable parcel of Gold or Silver for India, till after we had ingaged in bringing Home these Silks and Fine Linnens; then the East-India Company in Holland, to make Gains for themselves, though with the danger of destroying the Manufactures of their own Country, by our Example, ingaged also in these; but still carry on the Trade in them with a great advantage to us; for though have brought many of these Goods, yet never sent out one seventh part so much Bullion as we, and have alwayes used their utmost endeavours to discourage the Expence of these Goods in their own Territories, and yet they are complain'd off there, as much as here, and stops and restraints are often put upon the bringing of them from India: But if there must not be a total Stop or Prohibition till both these EastIndia Companies Consent to it, we may expect it, but in vain, till Temptations arising from Private Interest (however opposite to the Publick) be extirpated. The Dutch East-India Company will alwayes argue for the Continuance of this Trade, because the English bring them; and the English East-India Company for bringing of them, because the Dutch do: But the Dutch having them upon much better terms than we, may probably hold out longest. But the Trade being carried on there by a Monopoly, as well as here, and great Men concerned, no Judgment can be made by the Gains that Trade affords to the Companies, whether the Trade be good or bad. As for Spices, Druggs and Saltpetre, the way to have more of them, is to confine the Trade to such Commodities; these others not being made, by the Indians, till the Factors bespeak them. Till some such Limitation be made, these affording most Profit will be preferred, and we were not debar'd the having those when we did not ingage in this Trade of Manufactured Goods, and little Reason to fear we shall be now. This Head is concluded with an Accompt of Pepper, which with the other Accompts in this Tract, do not agree with other Mens Opinions, about the Gains made by this Trade; for if the General Adventurers in the East-India Stock in Holland, computing from the Original of that Stock to this Day, have not made 5 per Cent. by their Money put in, as all Persons do agree that have any Knowledge thereof, if this vast Gains be made by this Trade, who runs away with it? The like Question may be properly put, as to this Trade here; If 100l. imployed in this Trade have produced usually 400l., as so often asserted in this Treatise, it must be thought strange, that the Adventurers that underwrit this Stock Anno 1657, if had continued their Shares to this Day would not have received much above 10 per Cent. per Annum , notwithstanding the great Advantages made for several Years, by confining their Stock (for making large Dividends) to 375000l. and Trading with other Peoples Money, taken up at 4 per Cent. Unless this Mystery by explained, both as to Holland and here, there will remain a Doubt, That if there be any such Gains, that it is swallow'd up by some particular Persons, under pretence of a Publick Good, to carry on a Private Interest; and that both Nations will in time find, that they have but dreamt of making such Vast Gains by this Trade, in these Goods; and that the Gains made in both Countries by Stock Jobbing, and other indirect or private wayes, by such as have got into the Management, is the true Reason why there hath been so much strugling about this Trade more than about others, that upon a true Calculation would be found more Beneficial. The Author of this Tract having owned Page 12. as to the Trade to the East-Indies in General that it is naught, and that if all Europe would agree to have no further Dealings to those Parts, would certainly save a great Expence of Treasure, because Europe drawes nothing from thence of solid use, only perishable Commodities, and Materials to supply Luxury, in return of Gold and Silver, which is there buried and never returns; but would have the Burthen to fall upon the Collective Body of Europe. It is concluded, that nothing could be more fatal than this Assertion, to all the Arguments in this Discourse, to render this Nation, in a manner, undone, if the Importation of Indian and Persian Silk be Prohibited; upon which (it is said) the preservation of above half of that Trade depends, and half our Foreign Business. Page 22. It is well known that England and Holland drive the greatest Trades of all European Nations, and that doth depend much upon the Consumption of their own Manufactures: If these Indian Silks be Consumed, as is owned Page the 31st in the room of our Stuffs, Anthorines, &c. and the Linnens, as well as the Silks (as complained of in Holland) in the room of the Silks and Linnens Manufactured there, and we spend half at home of what is brought from thence, and all purchased with our Gold and Silver; why may not England and Holland be taken in amongst the Collective Body of Europe, upon whom this Loss doth Fall, and be found to bear the greatest Share by the Loss that these Manufactured Goods occasions, whatever Gains do or might make by the other Branches of that Trade? For other Nations that Consume such Goods, because have none of their own Fabrick, cannot be at any Loss in so doing; do but Lay out their Mony in these Goods, instead of Laying it out in the Woollens made by us, or Linnens made by the Dutch: All Nations not being so extravagant, as to spend so much the more because these Goods are brought them. Therefore as may truly conclude with the Author, that this Trade is Naught for Europe in general, so very particularly for this Nation, which indeed suffers most by it, because we altered the Management of it since the Year 1670. Of which some hints are given before, and might be made apparent; but omitted for this time, least it should be thought strange that the Author should not be in the Right, neither when Argues against this Trade, nor for it. But to conclude with some Observations upon what mentions of Cardinal Richlieu, Page the 6th. that had left behind him an Evidence how much had made Matters of Trade his care and Study; and that thereby had laid the only Foundation of a Solid and lasting greatness: If he had also taken Notice of the Edicts, Tariffs and Orders made since, and of the Politicks practised in France referring to Trade, particularly of the Edict made the 26th. of October, 1686. for Burning and Destroying China Silks, Stuffs, &c. and other Goods from India, would have found that they have proceeded quite contrary, to what proposed in this Treatise, and that have found their end by it; For by incouraging the Consumption of their own Manufactures both at Home and abroad, and their Fishing Trades have increased their Riches, Seamen and Navigation, to such a degree in 40 Years time, as hath enabled them to maintain a long War with most of the Princes of Europe, without much help from the East-India Trade; and that therefore we may conclude a Nation may Thrive by Trade, without that to the East; and that they have been as much in the Right in the managing of their Trade, as we have been in the Wrong in the Management of ours. By what hath been said, it may appear that the Manufactured Goods from India, Spent and Consumed in England, cannot by any way be Instrumental to prevent the going out of our Coin, nor to the bringing in of Gold and Silver to make amends for what Exported to Carry on that Trade: And that unless it can be made out by very good Proof or Demonstration that by the return of India Goods we Transport to Foreign Countries, we bring Home in Gold and Silver more then we Export, for the Carrying on of that Trade, that we ought to conclude that our Treasure hath been Exhausted by that Trade; and that it hath been mischievous to us in the highest degree, by hindring our Woollen Manufactures as well as the improvement of those for Silk and Linnen: All which is submitted to better Judgments. Amongst the scattered Notions laid down in that Treatise referring to Trade, the Author Observes, Page 11. That in our great Assemblies it hath never been sufficiently thought a matter of State, but manag'd rather as a conveniency, or accidental Ornament, then the chief strength and support of the Kingdom. That as it hath never been greatly the care of our Ministers of State; so it hath not been enough the Study of Nobility and Gentry, who (give me leave to say) for want of a right Knowledge in the general Notions of it, have been frequently imposed upon by particular Merchants, and other interested Persons to Enact Laws Lwsa , so much to the prejudice of Trade in General. And Page the 25th. That Trade is in its Nature free, finds its own Channel, and best directs its own Course; and all Laws to give it Rules and directions, and to Limit and Circumscribe it, may serve the particular ends of private Men, but are seldom advantageous to the Publick. That Governments in Relation to it, are to take a Providential care of the whole; but generally to let Second Causes work their own way; and Considering all the Links and Chains by which they hang together, peradventure it may be affirmed that in the main all Trafficks whatsoever, are Beneficial to a Country. That few Laws in a State are an indication of Wisdom in a People; but it may be truly said that few Laws Relating to Trade are the Mark of a Nation that Thrives by Traffick. What is said, Page the 11th. cannot easily be reconciled with what is said, Page the 25th. For if Trade must be Free without being Limited or restrained by any Laws, what need is there, that our Nobility and Gentry, who make our great Assembly, should apply themselves to Study a right Knowledge of it? For according to this Opinion, no Laws Relating to Trade should be Enacted, because are seldom Advantageous to the Publick; And that all Trade whatsoever is Beneficial; and yet the Author is of Opinion, Page the 11th. that no Wisdom can give the Publick effectual help till we can mend the Condition and Posture of Trade. But taking it for Granted that what is said, Page the 11th. is but a Complement to our Nobility and Gentry, and to save their time, that may not spend it about what is unnecessary: and that what is said, Page 25. That Trade ought to be Free, is the Authors Opinion, because best agrees with the whole design of the Book: It being so Material a Point, that all Laws already made and all Proposals for any Future Regulations depend upon the decision thereof; should not be resolved without a due Examination of such Arguments and Considerations as may be proper to lay Open the State of the Case: To which it is hoped, being the ingenious Author tells us, hath applyed his Thoughts and Study to matters of Trade, he will afford his assistance. If Trade must be left to take its own Course, find out its own Channel, and not be under any Restrictions or Limitations by Laws, on a Supposition that all Trades Naturally afford Profit and Advantage to a Nation; then the Act of Navigation and all other Laws Relating to Trade should be repealed, and all Considerations for making any more for Future laid aside. Though the Author seems to incline to this Opinion, and it be known that many others agree with him in it, yet upon Examination it may appear a vulgar and dangerous Error. For the first Foundation that should be laid for the preserving or increasing of Trade, is to have a Stock, which Stock should be in Mony; then to use all endeavours to preserve and increase it by Frugality in the Consumption of Foreign Commodities and Labour and industry, for the increasing and promoting the Consumption of our own. So long as the Nation keeps to Frugality and industry Laws may not be absolutely Necessary to Limit the Consumption of any Foreign Commodities, nor to increase or promote our own Manufactures: But if there be an appearance, that a Nation is running into a luxurious Prodigal Expence of Foreign Commodities, and to a neglect in Manufacturing and promoting their own, and to idleness, and spending of time in what is not profitable for the Nation, the usual Consequences of Luxury, (which we fear is our Case at present) then Laws will be necessary to put a stop to it, that the Treasure of the Nation may not be Consumed thereby: For by the Course of Trade no stop can happen to any such Consumptions nor Idleness, till want of Money occasion it. To omit making such Laws upon any such occasion, would be to permit, that which is of the greatest importance to run the last extremity, rather then agree that it should be prevented by prudential Laws made by the State, or any endeavours used for that purpose. As it hath been Suggested that Gold and Silver is the only, or at least most useful and best deserving to be called the Treasure of a Nation, and so necessary for the Carrying on of Commerce, that when ever plenty of that fails, we may expect that Trade will in a great measure fail also; so it may be affirmed that Bartering of Commodities cannot supply the want thereof, because cannot make any quick Progress; neither can it be supplied by Credit, because Credit must have its Original and existence from an expectation or assurance of Money. All Traders have Reason to make it their business to get Money by their Trades, by sending out and bringing Home such Commodities as are most vendible, and yield them most Profit: But whether send out Goods or Bullion, or whether what bring back be necessary for the supply of our Necessities, or useful for a further Manufacture, or be spent in Prodigality, Luxury, or Debauchery, or to the hindrance of our Manufacture (so long as they get by it) they do not generally take it to be their Province to mind: But for the good of the whole, it may be presumed the State ought to mind it so far, as may be convenient to prevent the Exportation of our Treasure; if not, the Stock of Gold and Silver, which is absolutely necessary to Carry on Trade, as well as for our Defence, will be Consumed; by which the Traders themselves as well as the generality will in time be involved in Misery. Though Riches cannot be gotten, but from Foreigners, by having our Ships imployed by them, or dealings with them, or by our Exporting and selling to them, to a greater value, than we purchase and take from them, that the overplus may be brought home in Bullion; yet no Trades carried on by the Exportation of own Products, and Manufactures, or those from our Plantations, though what brought back in return, be all perishable Commodities, can diminish our Riches, for all such Goods of ours (unless some Objection be made as to Tin and Lead) would have perisht by time, if had been kept here; but a great distinction ought to be made, between Trades carried on by the Exportation of our Products, and Trades carried on by the Exportation of our Bullion, to purchase perishable Commodities, because in such case we Exchange what is durable, and most useful, for what cannot long do us any Service. Supposing Three Millions of Coyn be at present the Stock of the Nation Circulating for the carrying on of Trade, as long as it is laid out in our own Products, and Manufactures, and such are Exported, though whatever be brought in return of them perish in a short time, yet our Stock will be good, and so long Trade will be carried on: But if instead of carrying on Trade by the Exportation of our Goods, we should send out, a Million in Coyn or Bullion to the India, to purchase Silks, another Million to France to purchase Wines and Brandies, and another Million to purchase Fruit or Toyes, and all be spent at home, we may soon find the Treasure of the Nation consumed, our stock of Gold and Silver which we had for the carrying on of Trade, in the hands of Foreigners, and the Goods we had in return, in the Draynes, or on the Dunghil. If this be obvious represented thus in gross, then lesser parcels of Money sent out to purchase such Goods (by the Rule of Proportion) must have the same Effect in some Degree; by all which it may appear that what is asserted, Page the 25, That all Traffick is beneficial to a Country, cannot be true, as to some Trades; that some Traders for their private Gains may be tempted to carry on, who may get by Trade, and yet the Nation may lose at the same time by such Trades. And therefore if no Laws must be made to promote the Making or Consumption of our own Goods, nor to hinder the Importation or Consumption of any from abroad, it must inevitably follow, that when ever a Nation falls into Luxury, and the People to Idleness, or to spend their Time in Imployments unprofitable to a Nation, such a Nation must be reduced to beggery by Trade, without any hopes or prospect that it can be prevented, till their Treasure be Exhausted, and no Money left to carry on such Trades, unless the Government interfere to hinder the Consumption of such Commodities, as upon an exact inquiry may be found, do carry out our Coyn, either by Prohibitions, or rather by Example, or high Impositions laid upon the Vending and Consuming of them at home; which happily may be found most inoffensive, as to Foreign States, and not difficult to be contrived, and made effectual, and not prove any great hindrance to Trade, or to many Trading Men, if will have respect to their Posterities, and Common Good, as well as to their present Gain. For as the Consumption of some Commodities may be hinder'd thereby so will make room for their Trading in others; and prove but a taking them off from Vending Goods unprofitable to the Nation, to Trade in Goods that may be more convenient. It is agreed that the best way to incourage Trade, and make it advantageous to a Nation and useful to afford a livelihood to the vast Number of People that have their Sole dependance thereon, is in general to allow all the liberty imaginable; but as most general Rules may be liable to some exceptions, so this especially to these two: First, that no Trade ought to be incouraged that is carried on by the Exportation of our Bullion, unless to purchase what we absolutely want for our Defence, or Support of Life, and we cannot possibly have on better Tearms, or where we may have an undoubted indisputable assurance that the Goods purchased with it will bring in more Bullion, in Bullion, by the Sales of such Goods abroad, than was carried out. Secondly, that no Wooll be carried out raw and unwrought. Other Laws may be found necessary to prevent abuses in the Manufacturing of Goods, keeping the People to Work, and for the incouraging and increasing of Trade, which should be applied as Occasions and Exigencies may require, but none appear necessary (upon these sudden thoughts) contrary to the Freedom insisted on, but what may be Comprehended under these two Exceptions here mentioned. Where it appears plain that a Trade is carried on by the Exportation of our Coin and Exhausting of our Treasure, no Arguments can be given that it must not be prevented, because may hinder the Gains or Imployments of some Persons, that can have much more weight in that particular, than what might have been offer'd against the wicked Trade of Clipping, for though the Livelihoods many got by that Trade, were justly more obnoxious to the Law, because was a secret Robbery, and upon many accounts indanger'd the Peace and Tranquility and welfare of the Nation; yet being what was so wickedly got, doth not appear to be sent out (unless to be exchanged from Silver to Gold,) the Nation did not lose so much Treasure by it, as hath and will, by Trades carried on by the Exportation of our Coyn, as long as permitted. Whether Trade left at full Liberty to be carried on, by the Exportation of our Products and Manufactures may produce Treasure, will much depend upon good Sales to our Commodities abroad, and good Husbandry in the Consumption of Foreign Commodities at home, but the having of many sorts of Manufactures of our own is not onely the best way to have Variety to send abroad, but to prevent our being in want of such Commodities, that there may be no Temptation for their being Imported; but no Trade more likely to bring us in a good proportion of Bullion, then our Fishing Trades; not only because it is procured by our Labour, without any great Cost by Foreign Materials, but being a Commodity necessary abroad for the support of Life, seldom fails of Markets, and ready Money, which is often brought home in Specie from many places, and is also a Commodity not likely ever to go out of Request; for which, and because those Trades are also a Nursery for Seamen, it may be found our true Interest to favour those Trades with the best Protection, and Incouragement. And thus the Authors Maxime, Page the 38, That it is the Prudence of a State to see that Industry and Stock be not diverted from things profitable to the whole, and where a Nation is a certain known gainer, to be turn'd upon Objects unprofitable, or new Inventions, in which it cannot be determined in many years whether we get or lose, or how the Ballance stands; may be put in practice with all the certainty imaginable, as well as by the Fishing Trades as by the Woollen Silk and Linnen Manufacture, and happily upon Examination will be found more Politick, then as the Author would have it applied, in favour of the East-India Trade. But it being supposed that the Dutch will be here again brought upon the Stage, and the Liberty they give in matters of Trade, and for the Exportation of Money, objected against what is here argued; to make one answer for all, which is supposed may be satisfactory, not only against all Arguments that can be derived from the Practices of the Dutch, for an unlimited Freedom in Trade, but as to what hath been argued or may relate to the East-India Trade also; Let it be agreed that we shall live in England as Parsimonious as they do in Holland, and be as Industrious in our Fishing, and some other Trades (that might be named) as they are, and that we shall not send out more Bullion to the India for the carrying on of that Trade, then they do, or that we shall have great Impositions upon such Foreign Commodities as may be found to be the occasion of the Exhausting of our Treasure or pernicious to our own Manufactures, to secure us from such inconveniences as are feared from such Liberty; then all disputes shall cease, as to all Prohibitions relating to Trade: But if we must not be lead, nor take Example from them in Parsimony, and Industry, we ought not to be lead by them in making of Laws relating to the Exportation of our Coin, or Prohibitions of Goods; because whether such Laws be good and necessary, or not, depends wholly upon the Genius and Inclination of the People. If Parsimonious and Industrious, then no need of such Laws; but if Luxurious and Idle, must be Ruin'd without them; and this is well known to those States where such Liberty is granted which makes them very observant of their old Customs and Fashions, and very diligent and careful to keep their People to Work, as may be instanced in Holland. Though it may be as difficult to give a true account of the Turnings, Windings, Circulations, Steps, Degrees and Progress of Trade, and Drawing and Redrawing by Exchange, as to give a certain account of all the Veins, Arteries, Fibres, Circulation of the Bloud, Causes of Diseases and Motions in a Body Natural, yet there are some plain Cases relating to both, which may be agreed without penetrating into the pretended Misteries of either. That we should send out to India about 600000l. per Annum in Bullion, though it hath been never yet made out that those Goods bring us back again in Bullion, the value of 200000l. and much of it, to be there laid out, to purchase Manufactured Goods to be spent in the room of our own, or that we should send out Bullion to any place to buy Goods to be spent in Luxury, or in the room of such as we can make by our own people, or that we should Export our Wooll Raw, to be Manufactured abroad, when the Advantage by Manufacturing it at home would be near seven parts in Ten advantage, however may agree with some Mens Interest, cannot well be for the Interest of the Nation, nor the best way to gain or retain Riches; for no Gains made by particular Men, can make a recompence for the loss the Nation will receive by having their Stock of Money Consumed, and the Poor beaten out of their Imployment. Sufficient Care being taken by Prohibiting or Discouraging the Consumption of such Goods as occasion the carrying out of our Coyn, or Bullion, and for encouraging the working of our Wooll at home, no Liberty should be thought too much to be given, for the carrying on of Trades by a permutation of Commodities, not only by a free Exportation and Importation, but without being Subject to the Payment of great Duties because will be found the best way to increase Trade, and make it beneficial, for though it may be difficult to give a particular account how, or what gains, may arise to a Nation, or particular Men, by every distinct Trade, yet so long as carried on by the Exportation of our Products, or what other Goods we may have, there can be no danger of losing, for the particular Traders will take care not to carry on Trades by which they do not get, and such Gains made by the Collective body of Traders, may properly be said to be the Gains of the Nation, and Trade thus carried on may be left to take its own Course, and find its own Channel, and to work by Second Causes its own Way. But the Author having Asserted, Page 11, That it will be found at last, when all things come to be rightly understood, that no Plenty at Home, Victory Abroad, Affection of the People, Conduct or Wisdom in other things, can give the Publick effectual help, till we mend the Condition or Posture of Trade. It is hoped that as he hath obliged the Publick, with his Excellent Book of Wayes and Means, so if do not agree with such Notions as these, that he will communicate his Thoughts how the Condition and Posture of Trade can be mended, by pursuing any others, and how or which way a Nation can get by Trade; as long as by a Prodigal Consumption of Foreign Commodities and neglecting and discouraging of our own, we take in more than we send out, and then Export our Gold and Silver to pay the Ballance, which will be found to be our Case, whatever specious pretences may be made by those that make Profit by sending out our Gold and Silver to hide the true reason from the Nobility and Gentry, whose Application of Thoughts upon these Subjects, would no doubt be of great Use, not only to the Publick, but, to their particular Interests.

Economy

Some Considerations upon Reading a Treatise, Intituled, An Essay on the East-India Trade. By the Author of the Essay on Wayes and Means.

England and East India inconsistent in their manufactures [...]

EcA1705

The Influence of the Bank considerable. NOtwithstanding that the Bank of England is a Subject that has had no small Share in the late Politicks of the Town, yet there are several amongst us who seem to look no farther than the Counting Tables in Grocer's Hall, and so judge of the Bank as they do of a Banker's Shop, to be of no other Use or Influence but to receive and pay Money. There are others, and among our deeper sighted Politicians, who plainly perceive an Influence, but want Light to trace it out; and consequently must in great measure talk in the Dark, when they engage in this Subject. As to the first sort, they may have their Error corrected by almost every Discourse that happens between the People of differing Opinions, with regard to the Bank: One crys if this Bank is prolong'd, it will ingross our Trade, and ruin our Constitution: At the same time another is pleading so much Merit on the side of the Bank, that 16 per Cent. or more Annually, has not been a sutable Reward for their Services to the Government; nor can any thing be, but a farther Establishment. Now this methinks, ought to convince a Stander-by (what both Parties are agreed in) that there's something considerable in the Matter. Requires a due Representation. It is therefore for the Use of those who want Light into the Recesses of this Subject, that the Paper before them was written; and it will not, its hop'd, be accounted Presumption, to say that several of those Gentlemen, who are Strangers to the Nature of Banks, and to the Condition of the Bank of England, may be deservedly plac'd within the Walls of the House of Commons, altho' their Education and Studies have not led their Thoughts much this way. The Authors Design in Representing it. Whereof it will be requisite to proceed in this Argument with Perspicuity and Plainness; and not only to state the Case intelligibly, but impartially too; to write without the Aim at any Talent, either at Satyr or Harangue, but to endeavour all along to lay open what I take to be an important Truth to us all at this time, and to support it by proper Evidence. For this Reason, and least the Gentlemen of the Bank should think themselves too freely dealt with, I profess not to deal with their Persons, nor to lay any thing expresly to their Charge; no nor to deny them the Praise of having serv'd the Government well. In short, I can afford to allow them all the Vertue and good Principles imaginable, if I may but take leave to consider them, and their Successors especially, as Men liable to Temptations, while they partake, in common with us, of Nature as well as Grace. And intending to observe this Caution, I must request the Reader, as he goes along with me, to observe it too, that it is not the Persons but the Thing that I am concerned with; and consequently what I write, being derived from the Influence of no Party of Men whatever, I may expect a favourable hearing from all equal Judges. Seasonableness thereof And I am of Opinion, an indifferent Person may presume to be heard, if he has considered the Case, and has any thing worth hearing, at this Juncture, when every one expects the Cause will be brought upon the Stage by the Bank it self, which will plead with you (and with no small Assurance of Success) for the prolongation of Time, almost six Years before the Old Term can expire; tho' it may last much longer, if a Principal of 1,200,000l. be not then pay'd them by the Government. THE Bank was Establish'd by a Loan to the Government of the foresaid 1,200,000l. paid in at several times by Subscriptions equal to that Summ. The Establishment of the Bank by the first Act An. 1693. The Act for it's Establishment pass'd in the Year 1693, Guil. & Mar. 5[deg] which laid an Additional Duty upon Tunnage, Excise, &c. Which Duty, according to the Calculation then made, wou'd bring into the Exchequer 140,000l. per An. of which 100,000 was secur'd to the Bank, as Interest for the said 1,200,000l. amounting to 8 per Cent. and 4000l. per An. more; which was suppos'd to be thrown in to pay Sallaries, &c. Upon this Fund of Principal and Interest: They were Incorporated under the Title of the Governour and Company of the Bank of England, with a Power to make by Laws, and do all other Acts as a Company, legally Constituted and Incorporated. Pursuant to this Act of Parliament, they had a Charter inabling them to meet and choose a Governour, a Deputy Governour, and 24 Directors, 13 of which (the Governour or Deputy Governour being always one,) made a Court; in which was lodg'd the whole Power of Transacting all things relating to the Society, excepting only, when a General Court of all the Members was call'd; which was to be four times a Year, and oftner if demanded by any nine Members, who were possess'd of at least 500l. in Capital Stock. The choice of these Officers, and the appointing their Sallaries was made by the Majority of all the Members, possess'd of at least 500l. Capital Stock; and was to be made anew every Year: The Governour, Deputy Governour and 16 of the 24 Directors, having a Capacity of being chosen again. The Governour was to be qualified with the actual Possession of 4000l. Capital Stock, The Deputy with 3000l. and each Director with 2000l. Ingraftment upon the B. by a Second Act An. 1696. Thus they stood Constituted till the Year 1696, when the Exchequer Tallies had very much lost their Credit, partly by Reason the Funds upon which they were struck, prov'd deficient, and their Payment of Course was remote; but chiefly by the Frauds and Artifices of Stock-Jobbers &c. so that they passed at very great Discount, to the great Prejudice of the Publick Credit. For Remedy of which, and to restore their Credit to the Tallies, the Ingrafting Act as it is call'd, then pass'd, by which all Persons possess'd of Tallies, might make a new Subscription to the Capital Stock of the Bank of England; and become Members thereof, by a new Incorporation; the Bank being oblig'd to receive the said Subscriptions 4 5th's in Tallies, at par. and the remaining 5th Part in Bank Notes. By this means the Capital Stock of the Bank was inlarg'd; and the Government oblig'd to pay them 8 per Cent. for all their Subscribed Tallies, making it up where they did not carry so much Interest before, and also to allow them 8 per Cent. for as many more Tallies (which they were then possess'd of) as amounted to the Summ, which was Subscrib'd by the new Members in Bank Notes; so that the whole of this new Inlargement might be esteem'd at 8 per Cent. from the Government; until the Funds should come in, which wou'd pay off those Tallies in Course; and the Bank was accordingly to make a dividend of Principal to the Members, as those Tallies were paid off from Time to Time. And thus they stand Constituted now: The Tallies being (as I'm told) pay'd off by the Government within 10 per Cent. of what was Subscrib'd; so that their Capital Stock in the Hands of the Government, is now but little more than the 1,200,000l. first Subscribed; tho' the Number of their Members, is encreased by the second Subscription. Privileges to the B. by the first Act. Besides the 8 per Cent. Interest there were several Advantages and Privileges given to this Society, some by the first, and others added by the second Establishment. Their Privileges by the first were, These are the Chief Privileges they had at their first Establishment, which are all recogniz'd at their second, and several new Ones granted them. Privileges by the second. Restrictions by both Acts. Having seen their Privileges, we must be so just as to look upon their Restrictions too; which we may do without distinguishing their first and second Establishment, they being much the same in both. That this is an impartial Account of their Constitution, Privileges, and Restrictions, will be confirm'd by any one that thinks fit to peruse the 2 Acts of Parliament before-mention'd. And it is hop'd the Reader will carry this Account along with him; because the following Arguments shall be form'd upon it, and in reference to the Particulars of it; which is, I think, a fair and clear Method of stating the Case. By what means the Bank's Profit may arise. But perhaps, in the mean time, it may not be improper to answer a Question that may be made, concerning the Inducements which at first mov'd our Money'd Men to procure the Establishment of the Bank; and still engages the present Members so very earnestly, and so very early to sollicit the Prolongation of it. Interest at 8 per Cent. To which I answer, First, the 8 per Cent. alone, (when the Legal Interest was but 6, and the clear Produce of Land seldom 4) was of it self a sufficient Encouragement to this Undertaking; especially considering that this was Exempt from Taxes, to which other Money, and Stock, and Land were liable. This is obvious, but I answer, Secondly, An unlimited Credit. The Power to extend their Credit, and upon so good a Foundation as the security of an Act of Parliament, is perhaps a more considerable Article of their Profit than even so great an Interest. They had a sufficient Prospect (and Time has made it good) of raising their Credit to a Par with Money; and wherever such Credit obtains, it affords all the real Advantages of so much Money. And a Credit thus Establish'd, and rais'd to a Par with Money, is capable of being increas'd to an immense Value; considering the great Occasions for it, and Conveniencies of it in Trade, which, its known, cannot be carry'd on to a due Extend in England, without a far greater Summ in Credit, than there is in Specie in the whole Nation: And therefore a Credit vastly extended, must bring in vast Profits to them that are thus Credited. Discounting Bills of Exchange. To explain this in an Instance or two; The Bank has a Privilege to negociate and discount Bills of Exchange; in doing whereof, the Persons who come to have their Bills discounted, which is commonly at the Rate of 4 per Cent. or upwards) seldom require Money; but rather choose their Notes, as being at Par with Money, and more easy and convenient in Payments than Money. Now if these Notes circulate abroad, but so long as till the Money is paid into the Bank upon the Bills of Exchange, then the Bank gains all the discount, without disbursing any Money, and makes Advantage of that Money so much longer as their own Notes circulate. Or if their Notes should return sooner, yet, considering that most People (for their own Convenience) deposit their Money in the Bank; that Money will answer these other Bills as fast as they come; and so one Summ will answer the Demands of another; from whence it follows, that the Bank is able to circulate, with a small Summ of Money, a much larger Summ in Credit, to their great Profit and Advantage. Lending their Credit to the Government. In like manner the Bank proceeds in lending their Credit to the Government, at considerable Interest; which they can do without disbursing any Money, if the Notes they lend should keep out until the Funds upon which they lent them, bring in the Money to the Bank; as now it may well be suppos'd they commonly do, when the Credit of the Bank is so high, and the Parliamentary Funds are not so remote as formerly. Purchasing of Lands. The same, or greater Advantages they will be able to make in the Purchase of Lands, when their Credit shall be so good, (as it may even now be suppos'd to be) that the Rent or Produce of those Lands shall be sufficient to support the Credit Circulating, wherewith they were purchas'd; that is, shall be sufficient to convert it into Money as fast as it shall be demanded, till the Land brings in more Money; and so on every Year, until the whole Produce shall be equal to the whole Summ of Purchase; and then, in this Case, those Lands cost nothing but Paper. Or if their Credit should not extend to this Degree, yet the Inference is certain, with what small Summs, join'd with their great Credit, they can make large Purchases. The Influence and Effects of which, may hereafter fall under consideration. These Hints and Instances are sufficient to give the Reader some Idea of the Profits of the Bank (without inlarging upon their receiving Goods deposited, and their purchasing Bullion, Gold, Silver, &c.) and consequently to account for the Cause that has rais'd the Zeal of its Members, in prosecuting the Design of a Prolongation. Terms suggested for prolonging the Bank. THE Prolongation aim'd at by the Bank is said to be 21 Years; and the Conditions to be offer'd to the Parliament, are either to lend a Million of Money for that time, without Interest; or to lower their Present 8 per Cent. to 5, or 4.; so that the remaining 3, or 4. may be a Fund, whereon to raise part of the supply that will be wanted this Session. In order to obtain this their Desire, there is no doubt but they will plead their past Services, set forth their present, and propose mighty ones for the future. Way to examine their Pretences. The best way to examine all their Pretences, will, I presume, be first, to consider the Natural and Necessary Consequences of such a Prolongation, and then to enter upon the particular Consideration of the Arguments urg'd on the side of the Bank. The principal Consequences to be attended to in this Case, are such as concern Trade and the Government, and therefore (to shorten this Discourse) I shall only speak with regard to these two. How the Bank may affect Trade. First, As to the Trade of this Kingdom, the Parliament, in both Establishments of the Bank, thought it necessary to restrain it from Trading either immediately, or by Commission, (excepting in the Produce of their Land, the Sale of deposited Goods, and the Purchase of Gold, &c. and the negotiating Bills of Exchange) as plainly foreseeing, that were they permitted to Trade freely, they might monopolize what Commodities they pleas'd, and undo all other Traders by their great and commanding Stock. But if the Bank can evade the Force and Restraint of these Acts, and of any others that are likely to be made, then it may be justly concluded Dangerous, if not Destructive to Trade, in the Sense and Judgment of the Legislature. As to the present Constitution of the Bank, the Government of it is in the Hands of 26, or rather in the Majority of that Number, who are not liable to any Personal Penalty, nor the Bank, thro' their Default, to forfeit any of its Privileges, (so secure is this Establishment) and therefore there seems but very little Terror against, while there are strong Temptations to a direct Course of Trading. How the Bank may Trade in one Instance For the Fallacy may be as easy, as it will be gainful: For supposing those Gentlemen agreed and resolv'd to employ a round Summ of Bank-Money, or Credit in Trade, for the sake either of the Bank, or themselves, which is not an impossible Supposition, considering the great Prospect of Gain, and the smallness of the Number of Managers. It is but giving a Commission, in general Terms, (from doing which neither the Parliament nor their Charter restrains them) to one or more of the Directors, to dispose of such Money or Credit, for the said Service, and then he, or they, can as openly Trade with it, as other Merchants can do with their private Stock, and may account to the Bank in Terms as general as those of the Commission, bringing in a competent Profit, and instead of being detected, gaining Applause beside other Premium. How in another. But if it must not be suppos'd, that the Directors will prevaricate at this rate, for so small a Profit as will be due to their private Shares in the Bank; perhaps the Temptation may appear strong enough, when 'tis farther consider'd what Opportunities they have of lending each other what Summs, and upon what Terms they shall think fit. And thus Trading in their private Capacities with the Bank-Stock, it amounts to the same, if not a greater Injury and Oppression to Trade, than if the Bank it self traded with the like Summ barefac'd. But still, if even this shall be thought a Practice too Palpable, there is a more covert way of doing the business. How in a Third. It is to be remember'd that the Bank has a Power of discounting Bills of Exchange; which they have done at 4 per Cent. to creditable Merchants, especially those well known to them. Now it cannot be suppos'd but that the Directors may Command this Favour at any time, and beyond others. They therefore, or any of them, as being Merchants, easily foreseeing the great Advantages by Monopolizing several Commodities, and other seasonable applications of large Summs, will be able to provide themselves for such undertakings by the Bank-Stock, in this Method. Supposing the Summ wanted is 20000l. He need only procure one or more Bills for it to be drawn upon himself, payable to a Friend of his; or upon a Friend of his payable to himself, 3 Months after Date, upon the his Credit of which Bills, when accepted, his Interest will be so good at the Bank, that he or his Friend (which is the same Case) shall have the Value of these Bills paid either in Bank-Bills, or ready Money, at the discount of 4 per Cent. per An. which is but 1 per Cent. for the 3 Months, which Summ Receiv'd may be so dispos'd of in Trade, or otherwise, that the Produce may come in, time enough to repay the Bank. In this Case there is no Injury, but a Profit to the Bank; and yet he who can have great Summs at Command, at so small a rate as 4 per Cent. and, which is more advantagious still, for just so many Days, or Weeks, only as he wants it, will undoubtedly be able to out-trade all others, who cannot procure such Summs, or must be subject to the common Terms of borrowing. And he being thus qualified, will never want strong Temptations to attempt Monopolies, of one sort or other; which is an Injury that not only affects other Merchants, but by making the Commodity dearer, reaches all the consumers of it. And all this he will be able to do by no Ability of his own, but by his meer Relation to the Bank of England. Consequence of the Banks Trading. Whether this has actually been the Practice, is not Material to our Argument; it being sufficient, that possibly, if not probably, it may be so; but thus much may be said, that such ways have been taken by private Merchants, either to support their Credit, or carry on Monopolies: And here at the Bank it may be done, to so much an higher Degree, as the Stock of Money and Credit in the Bank exceeds theirs; and consequently to a proportionably greater Discouragement of other Traders, and Damage to the Publick. And now methinks it might be worthy our consideration, whether the Notorious failure of so many private Merchants, especially those of midling Stock, and the great Decay of all Personal and Private Credit in London, within these few Years last past (wherein the Banks Credit has been on the other Hand constantly gaining Ground) can be accounted for so well, by any other Cause, or Supposition, as by these now advanc'd. Restraints ineffectual. From the Instances already given it's reasonable to infer, that there may be many other ways found out for the Bank to evade all Restrictions, that can be laid upon it by Publick Authority, to prevent either it's Trading, or it's Trading to the pernicious Degree of Monopolizing. For experience shows, that scarce any Restraints can be effectually laid upon Trade, or upon any Traders, where the Temptation of Profit runs very high, and the Stock of Money, or Credit to pursue it, is very large. Therefore I must confess I cannot foresee any Limitation or Restrictions, which the Bank may propose or may be willing to submit to, which will not be liable to very easy and Practicable Evasions. Thus it appears how capable the Bank is of Trading, in those very Cases wherein the Parliament intended it should not; but we must not omit another Case, .wherein they have a Power and Privilege from the Parliament to Trade; and that no less Injuriously to a more considerable Body, I mean all the Landed Men of the Kingdom: Which they may do by Virtue of their forementioned Privilege to purchase Lands. The Bank's Trading in Land. This it was prov'd in the former Chapter, they will be able to do in vast Quantities, and without Disbursement of much Money; by means of their great Credit, which will so prevail in time in the Country, as well as now it does in London, as to be in most Cases preferable to Money. The produce of which Lands thus easily Purchas'd, will make a very profitable Trade of it; and in due time a very Tempting one, and within their reach too. For the same means which impower them to Out-Trade all others in Merchandise, will equally inable them to out-do all Competitors in Buying of Land. Great Taxes, a growing scarcity of Money, and a decaying Trade, as they will occasion, a more frequent Sale of Lands, so they tend very much to disable the present owners of Land, as to purchasing any more. While the Bank (being exempt from Taxes, and ingrossing what Money we have, and acquiring a larger Credit, by the diminution of all private Credit) will be every Day growing more capable of purchasing, as others grow less; and in propability, will in some time become almost the only Purchaser. And he that is the only purchaser of any Comodity, may reduce the Price of it as he pleases; which will in Course reduce the Price of all of the same kind. Consequence thereof. How far this may affect all the landed Men of England, is what seems to call for their very serious and timely Consideration. But if the Bank shou'd object to this, that they have not yet purchas'd one foot of Land, I answer, however true that may be, it must not be infer'd from thence, that they never will. The Bank has hitherto had more profitable ways of disposing of their Money; so that the buying of Land seems to be one of the last things for them to do, as 'tis with other successful Traders. This therefore being the Work of Time, the present Success of the Bank proves that nothing but Time is wanting to bring them to such an overgrown Stock, as will almost necessitate them to fall into this Trade; which we may believe it was not out of View at their first Establishment, by the express Provision they took care to have made for the doing of it against a proper Season. Which perhaps is not yet come; a farther Establishment being, in all likelihood, necessary before they undertake that invidious Trade, which it seems so very likely to prove to all the Landed Men of this Kingdom. Much more might be said upon these Heads, but that there is still behind an Argument against their Prolongation, of greater Moment to be consider'd. How the Constitution may be affected by Loans from the Bank. IN the first place it may be proper to consider, how the Bank, being prolong'd, may affect the Government, and our valuable Constitution, as being the great Lender to the Government upon all Occasions. Which Title of the great Lender, we may be allow'd to give the Bank, since this very thing is the general Plea on the side of the Bank, and perhaps will make the greatest Show amongst the Arguments that will be urg'd upon you for their Prolongation. And indeed, this may very well be collected from what has been already said, concerning the Banks Power of extending so good a Credit; and the many ways it has of compassing such vast Profits; And lastly, The great success it has already had in these Respects. And it will follow from hence, that the Bank will be, in a short time, not only the great, but the only Lender to the Government. I mean none else will be able to supply the Government with such large Summs, as it has frequently wanted, before the Funds upon which these Summs were to be rais'd cou'd come in. For here it must be granted, that as the Bank grows more able, all others will grow less able, to advance such large Summs. For as Money and Credit increases upon the former, it must proportionably decrease with the latter, considering the Bank of England does not in reality, increase the Stock of Money in England, as Merchants do by Trading. So that in all likelihood the Bank will become either the only Lender, or so great a one, that without it, others cannot supply the Government with Loans sufficient; which is one and the same Case, as to the Consequences I am going to draw, Namely, And that Distress may fall upon the Government in point of time, if the Bank, to advance their Premium, or for any other By-End, shou'd be delatory in making those Loans. Or it may fall out worse when the Loans are absolutely necessary for the preservation of our Government and Constitution, if then they shou'd absolutely refuse to Lend. So that the Government will be, in these Respects, as it were in the Hands of the Bank, and may be undone either at long-run by being supply'd at too dear a Rate, or at once by not being supply'd at all. And I believe they that know the World, will own, that these are neither Impossibilities, nor Idle Fears. How otherways the same End may be compassed composed . But to proceed The Banks withholding their Money or Credit from the Government, is not the only Case wherein it may nearly affect us in our Constitution; for the Power of that Stock may be too easily employ'd another way, even to the Destruction of the Government. I will not go so far in supposing, as to say, that this collected Treasure of the Kingdom will ever be made use of against the Government in a Rebellious Manner; or to affect, by Force, any part of our Constitution. I will only presume to give some Hints, to show by what means the Business may be done by Law, and in a Parliamentary Method. The Government of the Bank being, as was said, in 26 Persons, and, as it now happens, of about 2200 200 . Members there are not above 70. as 'tis said, Qualified to be chosen into that Government: There may some time or other (no doubt) be so large a Majority of those who are capable of being chosen, as to make it very likely there will be a good Majority of those chosen, who being disaffected, some out of Principle, others for different Reasons, may possibly think our Constitution stands in need of Alteration. And then it will be Natural for them to enter upon Contrivances, and come to Resolutions how to bring about the desir'd Change. I say it will be Natural, because they cannot but know the means are in their Hands; which are, what has been often suggested, a great Stock of Money, and an unbounded Credit, with a Power in themselves to apply it, as they shall think fit, which Power they undoubtedly have, however they may be thought, by some, liable to be censur'd, or dismiss'd by a General Court, upon detecting (which is no easy matter) such Male-Administration. It is pleaded by an Directors have Power sufficient for the foresaid Purpose. Vid. Letter concerning the Bank, and the Credit of the Nation. Lond. 1697. Author, and a Member of the Bank, as a piece of Merit on their side (which no doubt it was) that the Directors, upon a pressing Occasion of the Kings, had stretch'd their Credit to a Degree that cou'd not consist with any measure of Prudence; nor cou'd the Directors (in his opinion) answer it to their Members, had it been, says he, for any less occasion than the preservation of the Kingdom. I have no other use to make of this, but to infer that the Directors have in them a Power to dispose of the Money, and extend the Credit of the Society, as they shall think fit. And that Credit which once was stretch'd to serve the Government in Distress; may as possibly at another time, if the Directors shall so resolve, be exerted to distress or subvert that Government. The means being therefore manifestly in their Hands, the next thing to be consider'd is how to apply them. A constant and large Majority of 513 is the way; how to compass that is the business. It cannot be denied that there have been frequent attempts, upon those Places where that Majority lies; and 'tis well known how powerful the said means are, in the said Places. But 'tis so Melancholy a prospect to think what the united force (supposing but the Wills united) of so formidable a Society may do; considering how near the thing has been done, by more disproportionate and unlikely means; that I shall wave the detail of Particulars, and be content rather to say too little upon this Article, than to give Light into the secret, but too easy Methods of so dangerous an Experiment. I must confess this vile end cannot be compass'd but by suitable Practices; and therefore I am the more unwilling to make the Supposition. The supposition not unreasonable. But when I find it among the Privileges of the Bank, that any of the numerous Company of its Members (not otherwise unqualified) may be of the foresaid number 513; and when I'm satisfi'd how Natural it is for all Members of so profitable a Company to aim at Friends and Favorites in that House; when again I reflect on the Indisposition of the Times, and cannot but fear there will ever be Men who, upon many other accounts, will be ready to fall in with any Designs of alteration; when lastly, I foresee that the Triennial Act, with all its good Consequences, will have this untoward one, that it will make way for the Execution of such Designs by leasurely, and if I may speak so, Triennial Steps; even tho' it were impossible to finish the base Work all at one blow: These things, and more that need not be mention'd, being seriously consider'd; I cannot think the supposition will appear hard to any Man that looks abroad; but rather that 'tis Natural, especially since the remotest Fears are allow'd, by wise Men, where the Mischief is Fatal. Nor our Fears remov'd by the Integrity of the present Members. But, in bar to all these Fears, I am sensible the Gentlemen of the Bank will plead they have never made any such attempts as are here insinuated: But have all along kept themselves clean from Extortion and Bribery, the two great Plagues of a Nation. And this I had rather grant than deny; but then I must say the Concession will by no means remove our Fears, which will naturally take in all the succeeding Managers, while we have nothing to depend upon but the Integrity of the present. The true Party-Man. But I cannot forbear mentioning one thing which is not a little dangerous to our Constitution; and that is, what we call Voting for a Party; to which all such Societies as the Bank, especially when admitted within those Walls, have a Natural and almost irresistable Tendency, as having ever a separate and Party-Interest to carry on. A Man that Votes steadily according to Principle, tho' he shou'd happen to be against the Constitution, is not, in my Opinion, to be Branded as a Party-Man; for he has made no general surrender of his Judgment: But he that Votes, and perhaps is sent to Vote, only for the Interest of a set of Men in Trade and Business, is the true Party-Man; that is, one who prostitutes all the Laws of Honour, Conscience and his Country, to sinister and selfish Ends. If you know in Fact that you have any number of Men of this Stamp, you must have felt how much our whole Constitution suffers from such infected Members. The Case of a bare Possibility. After all, I suppose there are some Gentlemen will plead that these Consequences, I have thus long insisted upon, are very remote, and unlikely to come to pass; and will call them by the name of bare Possibilities. To take of all pretences, let us grant even this too: I know 'tis Ridiculous to be alarm'd with bare Possibilities in trivial Matters; but in things of the greatest Moment, the least Fears will affect wise Men. For our Fears will rise in proportion to the greatness, as well as to the distance of the Object we fear: And therefore to me the Argument still remains Conclusive, as to the danger of our Constitution, and our All; for ventering All must fright us, tho' it shou'd be but barely possible to loose that. No future restrictions effectual. But even still there may be some that wou'd have us depend upon such Restrictions and Limitations, as the Parliament, they say, may find out for preventing these Evils. But I must answer, that what was just now said makes it unsafe for us to treat, until it's demonstrably made out that such fatal Consequences are absolutely impossible. On the contrary, I think he that considers the Nature of Restrictions, and their usual Success in Cases parallel to this; and that I have already prov'd how liable those now upon the Bank are to be throughly evaded, will not easily believe that it can be demonstrated absolutely impossible such Consequences shou'd follow. But to enter a little farther into the matter; let it be observ'd, That all these Consequences are chargeable upon that boundless Power which the Bank has of extending a Credit so current as this is, which, in its Nature, will always be increasing, until it grows too great for all Opposition. And it's very impracticable so much as to restrain it in this Particular; for it will be said, that it's inconsistent with the Nature and Design of the Bank, and a great hardship upon the Members, to limit or circumscribe their Credit; since in their private Capacities they stand accountable for all they owe beyond what they have in the Hands of the Government. This looks like a very good Plea, and yet if the Parliament does but leave them with the foresaid boundless Power, they will remain, what they are now, the best Credit in the Nation; and then our Treasure will as naturally flow in upon them, as our Rivers run into the Sea. Nor is this so much owing to the Power of their private Credit, as some pretend, for the Part can never be so powerful as the Whole. And let these Gentlemen exert their private Credit as far as they shall think fit, no Body, that I know of, will object against it: But until they are content with that Power, which it seems they are not, by so earnestly desiring a Prolongation, we must believe they want the main Point. But to return: From what I have now said, it follows, at least, that we have no Room to expect a certain Remedy for these Evils, but that, in spight of all Restrictions, the foresaid Consequences will still have a very apparent Possibility. The Case of universal concern. And here I shou'd have submitted the Argument, but that I cannot forbear the mention of one thing more, which is, that these Consequences, how favourable an Aspect soever they may seem to have upon any one Party, are, in reality, of Universal Concern, and therefore shou'd engage us all against them. For, tho' I have said a Change may be made by this means, yet I cou'd not presume to determine what sort of Men wou'd be the Immediate Instruments; and consequently it remains uncertain, in favour of what Party even the first Change may be brought about. But let that be as it will, it ought to be considered whether this does not lay the Foundation for perpetual Change and Revolution. For the means of effecting this are plainly transferable from one sort of Men to another; and indeed, Men disaffected to the present Form of Government, be that what it will, will always endeavour to join themselves to such Societies, who have in their Hands the means of Subversion. So that, after one Revolution, no Man can say whose turn it will be next to be uppermost. And therefore it can never be the true Interest of any Englishman (Churchman, or Dissenter) to have the Legislature Legislative (or which is all one, the Command of it) misplac'd in the Hands of those, who will ever have a separate Interest from the main Body of the People of England. ALthough the Arguments of the preceding Chapters seem to be of that importance, that, if they conclude at all, they conclude against all manner of Treaty about a Prolongation; because of the Power which carries in it but Possibilities of the last Consequence; yet we must, no doubt, have Patience to hear a great deal pleaded on this Head, and much Merit pretended, to answer the pretence of much Danger. In discoursing upon which Merit (that we may be sure to consider it all) I shall not only have respect to their past Services, and their present Profers or Proposals; but I shall also take in those Services they may pretend to, for the future. Their past Services consider'd. As to their past Services they have been chiefly the Loan Load of 1,200,000l. at their first Establishment, and admitting the Ingraftment of the Tallies afterward. Now I have already shown, in part, what great Inducement they had to make that first Subscription to the Bank, not only from the 8 per Cent. but also from the large Prospect of Profits, by a circulation of Credit. It has been Calculated that the said Fund of Interest alone wou'd, in 19 Years repay them Principal; and Interest, with Interest upon Interest, at the moderate rate of 5 per Cent. and all the 1,200,000l. still due to them from the Government. And, at the same rate of 5 per Cent. it has been farther Calculated, that, should they continue a Bank on this foot for 60 Years, the Government must pay them near 14 Millions over and above the first Principal, and Interest, with Interest upon Interest. So that even the 8 per Cent. has been complain'd of by some as too great a Reward. But such Complaints as these may be silenc'd perhaps, by reflecting upon the Advantages which other Lenders also took of the Government at that time of Day. Bank repaid much farther than Mr. Brisco's Calculation But the true and naked State of the Case is this; The Government, at the the the same time that it received their 1,200,000l. gave them a Power to issue Bills of Credit equal to that Summ, making it self security for all those who thus far trusted the Bank. By which means, the Credit thus given to the Bank, became more useful and profitable to them, than, in all likelihood, their Money would have been in their Hands, had they not lent it to the Government. For they not only now enjoy the great Profits of that 1,200,000l. Credit (as before made out) but, by vertue of that Privilege, they have a farther Power of issuing what farther Credit of theirs now passes amongst us; and all this passes currently upon the bottom of the publick Sanction and Security. So that the Profit of this their circulating Credit, if it is not already, is likely enough shortly to be greater than the 8 per Cent. and consequently than the Summs in the foremention'd Calculation. As to the Ingraftment, it was thought by some of their Members an hardship upon them: But it is to be remark'd, that this has prov'd no hardship, nor cou'd well be expected so to prove, since all the Tallies, and the whole Ingrafted Summ, carry'd 8 per Cent. Interest. And they had a farther Privilege of proportionably extending their Credit, as in the first Case; so that the Terms being the same, I cannot see how this can be concluded a worse Bargain for them than the first. By all this I intend no more than to give a satisfactory Answer to the Argument of Merit pleaded upon this Head; let them carry the Plea of supplying the Government, and raising the Publick Credit as high as they will. In short, they have been so amply pay'd for all that they have done (tho' they may be allow'd to have done it with the utmost Zeal) that they must not insist upon much past Merit; let them set forth their present and future as they think fit. Present Pretences examin'd. Let us then come to that point, and examine how their present Pretences stand, these it is said, will be either a Loan of a Million without Interest for the time of the desir'd Prolongation, or else they will lower the present Interest so much, that on the Fund of the Surplus, near a Million may be Rais'd. I hope I may venture to say, that it does not appear from the Posture of our Affairs abroad, or the Conduct of our Ministry both there and at Home, that you will be under any Necessity in this, more than former Years, of recurring to any extraordinary Methods of Raising the needful Supply. But whatever your Occasions, or their Profers may be, which I will not presume to determine, I may be allow'd to say, in the general, that nothing but Ruin can be set against Ruin; that is, nothing but the avoiding a more immediate Ruin (which I hope is far from being the present Case) can warrant those Methods that may produce Ruin, tho' at the greatest distance, while it is within the Verge of a Possibility. Or if ever Affairs shou'd come to that desperate Condition, it wou'd, methinks, still require a deliberate and diligent Consideration, and set our Heads at work to find out, if possible, an Expedient, that is neither in its Nature, nor in its Consequences, Ruinous. Whatever Terms the Bank shall propose to you for their Prolongation, will, I conceive, come before you under the Notion of an Equivalent, if not a Service; but I am satisfy'd, as the Case stands, no present Supply can be deem'd an Equivalent, much less a Service, upon those Terms; nor, consequently, cou'd I be for entring into any Treaty thereupon. And the Reason of this will, I am sure, be more satisfactory in the Words of one of the ablest Statesmen the last Age produc'd. Lord Halifax Anat. of an Equivalent. In Matters of Contract, not only the present Value, but the Contingencies, and Consequences, as far as they can be fairly suppos'd, are to be consider'd. For Example, if there shou'd be a Possibility that one of the Parties may be ruin'd by accepting, and the other only disappointed by his refusing; the Consequences are so extreamly unequal, that it is not imaginable a Man should take that for an Equivalent, which hath such a fatal Possibility at the heels of it. I will not make this Case of ours so invidious, as to say 'tis exactly Parallel to that; but, as that noble Author has made it turn upon a bare Possibility, I think I may say it justly concludes for what I am asserting. Now if the present assistance of the Bank cannot Merit a Prolongation, because of Ill Consequences, then neither will any pretentions of future Service be found sufficient, as being Subject to the same. The Case of the Banks being necessary. But if it be still insinuated by any that the Bank is so highly necessary, that the Government which is chiefly supplied by them, can scarce expect for the future to be supplied without them; I answer, those that think them thus necessary, wou'd doubtless have us believe they are already too great and Powerful to be disoblig'd. And what follows if this be granted? Why certainly that a Prolongation will make them much more Great and Powerful, and Dangerous indeed to be disoblig'd: And, Consequently, then no one can deny the Bank a Power of Subverting that Constitution, which, without the Voluntary assistance of the Bank (for such are all Loans) is not able to subsist. But to take of the Terror of this desperate Argument, I shall deny, and at the same time disprove, this suppos'd necessity of having the Bank prolong'd. Proof that it is not yet necessary. This mighty Power of theirs depends upon one Branch of the Publick Credit; but surely there still remains, intire, a far greater Power in the whole Frame, or Body of our Government, than this part can pretend to. And what the Bank has done with this single Branch, plainly proves, that the Government is capable of doing much more, at least of being duly supplied, without such Foreign aids. Nor, if Methods cou'd be found out whereby the Government might freely exert its own Credit, for its own Service (and be thereby rescu'd from all precarious dependance, and the many hardships of a necessitous Borrower) wou'd such a Design, tho' immediately set on Foot, be any way inconsistent with the Governments Engagement to the Bank at their last Establishment, that there shou'd be no other Bank erected by Parliament during their Term. For that the Government never cou'd intend to preclude it self from exerting its own Credit by that Limitation, is apparent from the very same Act, in which, after the settlement of the Bank, the Establishment and Circulation of the Exchequer Bills is expresly made and provided for; which is a manifest Instance, that the Government has reserv'd that Liberty and Privilege to it self; and excluded only all other private Persons. And indeed it wou'd look very strange, that the Government shou'd, by a premeditated and solemn Act, debar it self of that Privilege, which it wou'd be destroying Liberty and Property to deny to the meanest Subject; that is, to make the best use of his Credit that he can. If then there be still a good Foundation, and a just Power left in the Government for the compassing of so good and great a Work; it remains only, at present, to wish for Heads and Hands equal to it. AND now, from the whole, I hope I may be allow'd by all unbyass'd Men to draw this Conclusion, which is, that the Point here controverted, whenever it comes into Debate within your Walls, will appear of Moment enough to bespeak your greatest Sagacity, and mature Consideration, as it nearly concerns the present Form of our happy Constitution, in which you bear so great a Part your selves, and of which you are intrusted with the preservation of the whole. And if these Papers have given any Light into a Subject, which (notwithstanding the Importance of it to us all) has lain so much out of the way of some, and been so overlookt by others, that it has scarce been duly search'd into by any; then the Author, who has endeavour'd to state the Case with Clearness and Impartiality, will, he hopes, stand acquitted with you, from being either an officious, or a partial Writer. And that will guard him from all the Censures of such who may be forward to say, That is writ for a Party, which is indeed written for the whole; and this doubtless to disguise their own appearing in a Party-Cause. But 'tis to be hop'd all Men of Sense will infer, that he who is against all Alterations, must be for the present Establishment; and that whoever goes about to obviate the Possibility of introducing another Constitution, demonstrates his sincere Inclinations to this. Which makes it almost superfluous to say, that the Design of this Discourse cannot fairly be drawn to favour, in the least, any other Pretensions, or made to plead for any other Cause, besides that of our most Excellent Queen, the Succession happily Establish'd in the Protestant Line, and the ancient and invaluable Freedom of the Parliament of England. And, being perfectly conscious of this, I have little Fear of disgusting any, but those whom a private Interest and Gain has made implicit Votaries to the Bank, or those whom the Prospect of a favourable Turn to their Party, has engag'd so far, as to become Zealous Patrons of this Bank, and loud Advocates for it. But I will not despair that this little Tract may find some Friends, even in Grocer's-Hall; those I mean whom it may incline to part with so much of their own Power, as they themselves wou'd be very unwilling to see fatally perverted. But how such Thoughts will operate upon any of that Society, I must not offer to say; nor does, I hope, the Success of what I say depend there. But if, on the contrary, it shall provoke an Answer, I expect, and justly, that their own Cause be fairly clear'd of the Consequences charg'd upon it, before any other are imputed to this Discourse; and then I promise to debate that Point too. But if, without any such Regard, there appears for Answer only unwarrantable Reflections, and unfair Insinuations, I will give this my final Answer to all Arguments of that Kind beforehand. I grant it, such Methods are well enough calculated to lead the credulous and unwary Multitude into Designs which they do not foresee, or to divert them from looking into those they shou'd: But these are Amusements too trifling to mislead your better Judgments; they will rather have the contrary Effect; for Wise Men when they hear much empty Noise in a Case of great Moment, always suspect that this Clamour is rais'd only to stifle such just Complaints, as those loud Gentlemen wou'd by no means have others hear. I hope I have set no Example of this kind, and that no disrespectful Word, to the Person of any, had drop'd from my Pen; that wou'd have been not only unbecoming, but foreign to my Design, which was to make a just Representation of a Case I judg'd to be of Universal Concern, and to set the matter in that Light to others, by which I first receiv'd Conviction my self; but, in Conclusion to submit the whole (as it is the Duty of every Private Person to do) with all deference, to the Wisdom of the Nation.

Economy

THE Introduction.

Remarks upon the Bank of England [...]

EcA1714

THERE has been a Paper already offered to the Publick, concerning the State of the Sugar Plantations, with Respect to the Ecclesiastick, Civil, and Military Government, wherein some Remarks are also to be met with upon the Trade of those Colonies: But what is principally intended by this, is to consider more particularly the Nature and present Circumstances of this most valuable Trade, and to lay before the Parliament the imminent Dangers we are threatned with, of utterly losing the same, unless proper Measures be quickly taken to settle it upon a better Foundation than it has been for many Years past. In order to this, it must be observed, That the Portugueze in Brazil, the Dutch in Surinam, and IsaCape, and the French in their Islands, especially in that great Island of Hispaniola, in which they have got a great Footing, are possess'd of large Countries and great Tracts of fertile Land, which produce Provisions, and most other Necessaries and Conveniences for Life, and likewise Materials and Requisites for manufacturing Sugar and other the Product of their Land, such as Timber, Horses, Cattle, &c. And on the other hand, the English Sugar Plantations are upon small Islands; Barbadoes, which is but Twenty one Miles in Length, and about Twelve Miles over in the broadest Part, being the largest of them all, excepting Jamaica; and even that Island is not well inhabited; has a great Deal of Savanna Land, is very mountainous, and in War is very much exposed; so that if the Windward Islands should come to be deserted or lost, Jamaica could never be kept and improved so as to support the Sugar Trade to this Kingdom. Further, these our small Islands being obliged to the British Dominions for almost every Thing, such as Servants and Slaves, and Provisions of all Sorts, and for all Materials and Necessaries for manufacturing their Sugar, and other the Product of their Ground, tho' they are thereby the more profitable to this Kingdom, yet by this Means they make Sugar the dearer; but that which adds to their Misfortune, is, that their Land is so poor, that they must be at a great Expence in manuring it, and must plant the same Ground every other Year: Whereas in the Colonies of the aforesaid Nations, there's Room enough to change their Ground, and if there were not, yet the Land is so fertile, that they plant but once in seven, and sometimes but in ten Years, and that without Dung; so that in Consequence of all those Advantages over us, they must undersell us at Foreign Markets, and in time furnish our Markets at Home cheaper than we can, and in the end beat us entirely out of the Sugar Trade. This cannot be thought improbable, if it be consider'd, that in other Nations the same Causes have had the like Effects; for this was the Case many Years ago with a Part of the Turkish Dominions, where there were many Sugar-Works; for it seems, that they were at so great Expence and Charge in making Sugars, that they were furnished from us cheaper than they made them themselves; so that by Degrees we had all the Trade for Sugar to the Levant, for then it was that our Plantations flourished, the Land was fertile, and the Planters had Plenty of Timber, Provisions, and other Necessaries, and were also regularly supply'd with sufficient Numbers of Slaves at easie Rates: But since our Plantations have fallen to Decay, and the Land become barren, but especially since the Scarcity and Dearness of Slaves, we make Sugar so dear, that the Portugueze and others have in a great Measure beat us out of that beneficial Trade, because they can furnish those Markets cheaper than we; and for the same Reasons it will appear, that we are in Danger of being stripped of this, and of all our Foreign Sugar Trade, when it's considered, that the French and Dutch in their Colonies can make this Commodity as cheap as the Portugueze in Brazil. These Things, it's hoped, clearly demonstrate how near the Desolation of the Sugar Islands is at hand, upon the Footing that the Trade stands at present, which must be attended with the Loss of a considerable Trade to these Dominions; it may be computed one way or other at near two Millions Sterling per Annum , which must bring Ruin upon many thousand Families in the Plantations, and many more Thousands in these Kingdoms. This doth not depend upon Speculation; the Facts are plain and most of them self-evident; and if any Doubt arises upon any of them, there are undeniable Proofs ready to be offered to the Parliament, in order to confute every thing that can be suggested to the contrary. It is therefore humbly hoped, that in an Affair of so great Consequence, the Wisdom of the Legislature will at last, and while yet they have it in their Power, effectually interpose their Authority, and by their seasonable Resolutions prevent this impending Evil: And it is humbly offered by the Planters, who are most immediately immmediately concern'd, and may be presum'd to know the State of this Case, at least as well as any other Men, that nothing will preserve and support the Sugar Plantations, but the securing as much as possible the whole Trade to Africa, in the Hands of the Subjects of Great Britain: By which Method we may yet put our selves into a Capacity of cutting off all other Nations, or at least of making it difficult for them to get any great Number of Slaves from the Coast of Africa; the Consequence thereof must be, that then their Plantations for Want of Labourers would be so far from multiplying and encreasing, that those they are already possess'd of must fall to Decay: So that to me it seems evident, that we have no other Way left, but only this, to recover and preserve the Sugar Trade in our own Hands. Nor will this be impracticable, if it be remember'd, that within less than thirty Years, when the African Company flourished, and had Power upon that Coast, they had much the greatest Part of the Negroe Trade; they had then, and for many Years before, such Interest among the Negroe Kings and great Men' and such Power over them, that the Natives in general could dispose of but very few Negroes to other Nations; nay, such was the Company's Power in those Times, that the French had not so much as one Factory upon the Gold Coast; it's true, they once attempted to make a Settlement, and for that end sent out a Squadron of six Men of War with Men, and Stores, and Ammunition, and all other Necessaries to erect a Fortification; but after they had landed, and built a Fort, the very Night before they were to mount their great Guns, the Negroes came down upon them, and beat them off, and demolished their Fort, and so they went on Board their own Ships again, re infectâ . Such was then the Interest of the English with those Barbarians, that they would not suffer the French to settle among them; it's true, the Dutch had and have a great many Forts and Factories all along this Coast, but their Slave Trade in those Days was very inconsiderable in comparison of ours: Indeed, since the Trade has been laid open by the late Act of Parliament; the great Contentions that have arisen between the Separate Traders and the Company; the Abuses committed by the Company's Agents upon the Coast, by confederating with the Separate Traders to the Prejudice of the Company; the Strugglings amongst the Separate Traders themselves at the Market, which has also greatly contributed to the Raising of the Prices of Negroes very high; and the many Violences, and unfair and illegal Practices committed by some of the open Traders on the Coast, for which the Company has often paid very dear: Such a Conjunction, I say, of fatal Circumstances, which are and always must be the unavoidable Consequences of a loose and precarious Trade, could not but tend exceedingly to the lessening and undermining the British Power and Interest on that Coast; insomuch that, I may appeal to Experience, whether the Dutch or the Natives of Africa have not been greater Gainers by that Act, than either Great Britain or the Plantations; as to the Dutch it's evident, that since the passing that Act, they have gained a greater Power and Trade on that Coast than they had before; and that they have wonderfully encreased their Sugar Plantations in Surinam and Isa Cape; and as for the Africans, they are become so wise by our Divisions, that they have raised the Price of Negroes to near 20l. per Head, whereas formerly the Company bought them from 50s. to 3l. at most, and the Planters in those Days were furnished from 14l. to 18l. per Head, the choice Negroes; this advanced the Number of Slaves in the Island of Barbadoes to near 80000, which produced in Barbadoes near 30000 Hogsheads of Sugar yearly, besides Cotton and other Commodities, which advanced the Revenue, comsumed a great Quantity of the Manufactures of England, and employ'd near 500 Sail of English Shipping: But since by these Contentions upon the Coast, the Price of Negroes has been so high, the Planters have paid from 30l. to 40l. and in some of the Islands 50l. per Head, and this has lessened the Number of Negroes, which now is under 60000 in Barbadoes, and the Product which is under 20000 Hogsheads of Sugar, and other the Product in Proportion; so that the Consumption of the Manufactures, the Revenue, and the Navigation have decreased also in Proportion, so that upon the whole it's very apparent from Experience, that nothing but an united Power upon the Coast of Africa can secure this Trade: Power, and the Purse, Force, and Merchandize must be united, and put into one and the same Hand. For this purpose a Considerable Stock must be Staked, which cannot be done Effectually any other way than in a Body Exclusive of all others; this will be a certain Stake in the Hedge to support the Trade; for the Body politick will always remain: The Men, 'tis true may be changed, but the Body it's self may be Obliged to supply the Plantations with sufficient Numbers of Negroes at reasonable Prices, whereas any other sort of Company than that of a Joynt Stock, cannot Oblige themselves, nor can they give any Security that they will Trade, neither can they be secure of a sufficient Stock for carrying on the Trade, Merchants being at Liberty in all other sorts of Company's, whether they will come in or no; and if they do come in for one Year, may leave it the next. And it's presumed further that no other but a Joynt Stock Company will be tyed down to furnish the Plantations only with Negroes, for it's very well known, that most of the Negroes, Imported into the Plantations by the separate Traders; during the late Act of Parliament, were Exported again to the Spaniards, French and Dutch, but principally to the Spaniards. And certainly it can never be denyed, but that, if Merchants are left to their Liberty, they will Trade with those Nations who can better give 40l. per Head than the British Planter can give 20l. for Merchants will have regard to their own private gain; but it's not doubted but that the Parliament will consider that every Negroe sold to the British Planter, tho' under 20l. brings much greater advantage to this Kingdom, than one sold to other Nations at 40l. or even at Fourscore; because the Labour of a Negroe brings Annually ten Pounds during his Life; and as his Children grow up, their Labour amounts to as much more each. It's next to be considered, that, it will be Impossible to perform the Assiento Contract unless an Exclusive Company with a Joynt Stock be Established in Manner aforesaid; for if a Number of Men, open Traders, should enter into an Agreement for the performance of this Contract, they must make Subscriptions, and this will become a Stock, and Interfere with all other open Traders; and should such a thing happen, what advantage will the Out-ports of Great Britain have; when they try the Trade to Africa, they will find that the Numbers of Traders that live at London will so Govern the Market upon the Coast, that other Traders will not be able to come in Competition with them, or otherwise, what has been and is the Case already, will continue, viz. that by Struggling with one another upon the Coast of Africa, they will not only keep up the price of Slaves there, but raise it still higher, and so put the Trade in a worse Condition than it's now in; and make the Africans wiser and wiser by throwing the profit into their hands; so that at last they being at Liberty to Trade with whom they please, will find the Sweet of Trading with other Nations, who can give them at least as much again as the British Merchants can, by which means it must in the End come to pass, that, even those that would pretend to secure the African Trade most, will not be able to purchase any Slaves at all: But should any Sett of open Traders pretend to secure the African Trade to this Nation; then it's presumed, they must have Forts, Castles and Factories; If they build them, they must Consider of whom they are to purchase the Land, and the great Expence that must attend such an undertaking; but allowing that such a Sett of Men could get over that, then it's plain there will be two Company's, the Consequence whereof need not be mentioned. But it may be supposed that this present Company may be Compelled to part with their Forts and Factories, and all their property upon the Coast; but can this be any more than changing Hands, if any Sett of Men be put in Possession of those Forts, &c. and make Subscriptions sufficient to secure the Assiento Contract, and a sufficient Importation of Negroes to the Plantations at reasonable Prices. And if this Security is not given, then what will become of the Plantations and the Assiento Contract. Were it not therefore more consistent with Reason and Justice to consider, that, many Years ago, the Coast of Africa was by Charter granted to the present African Company; that at the time that that Charter was granted, the Trade was in a manner lost to this Nation, which the Company soon after recovered and vastly Improved; that they have since laid out great Sums of Money upon Forts and Factories and in carrying on this Trade; that for many Years they furnished the Plantations at easy Prices, and gave long Credit; that by these means the Sugar Colonies were Settled and did arise to a great Heighth; that in the first and second Years of the first of the two last Wars, they lost near Thirty Ships of their own; that the French committed great Depredations upon some of their Factories; that they have sustained great Losses by the Hurricane and Earthquake in Jamaica; and by their Out-standing Debts in that and the other Plantations; and lastly that they have suffered many great hardships by the late Act of Parliament, which did indeed Ordain that all Separate Traders should pay 10 per Cent. to the Company on all their Exports, for and towards the Maintenance of their Forts; whereas it appears from the Entries of the Separate Traders, that they never paid the Company above 1 per Cent. Would it not I say, be Justice to give this Company an Opportunity of retrieving those Losses, and to Enable them to take Subscriptions, for a sufficient Stock to carry on the Trade, and to get the power of the Coast of Africa again into their own Hands: Which great point cannot otherways be gained but by Merchandize, and Power being in one and the same Hand, to make Alliances with the Negroe Kings, that they may sell their Slaves only to the Company. Is it not very plain that since this late Act of Parliament, Negroes have risen in their Price upon the Coast, and that the Planters have paid much dearer in the Plantations, and have been but ill Supplied? Tho' it may be allowed that the Wars were partly the Cause of the last Evil, yet it cannot be thought so of the first, which was Occasion'd by the many buyers on the Coast, and they must rather Increase in Peace, so that that Evil will still grow upon us. But it is Objected that in a Company Exclusive, there being but one buyer, tho' that Company may buy Cheaper upon the Coast, yet they may Impose what Prices they please upon the Planters for their Negroes; to which I think it may be sufficient to answer, that the Planters have already found it to be otherwise by Experience, besides the Company are willing, it seems, to be Subject to any Regulation or Enquiry that the Parliament shall appoint, if the Planters Complain. Another Objection is, that this Company will be the only Buyer of the Manufactures in this Kingdom, and so Impose what Prices they please. But was this ever Complained of, even before the late Act of Parliament? Yea, did not the present Company almost every Year before that Act passed, either Increase their Exports, or set a-foot some new Manufacture or other; and may not the same Jealousie arise from any Set of Men combining in that Trade. As for the Out-Ports they may flatter themselves, but they will soon find their Mistake, and that by aiming at a Trade, they may be Instrumental in losing of it to all Her Majesty's Dominions, and at last of ruining the Plantation Trade it self; which they now feel the Sweet of, and thereby be the Occasion not only of the Loss of the Consumption of 100,000l. of Merchandize Exported to the Coast of Africa, but also of the Loss of Two Millions a Year to all the Queen's Dominions, should the Plantations be deserted, which must happen in a few Years, if the Trade to Africa is not so settled that the British Planters may not only have sufficient Numbers of Negroes at easy Prices, but other Nations cut off as much as possible from that Trade. It has been often said that the War occasioned the dear Prices of Negroes in the Plantations, no doubt the Navigation and every thing being dear, and the great Risque, must have raised the Price of Negroes in the Plantations: But are not the buying of them dear and the Mortality that frequently attends such Voyages too, much greater Causes of their high Prices, which a Company, being but one buyer, can only prevent; for when they Command the Price upon the Coast, they can have them Cheap, buy them up, and have them ready against the Arrival of their own Ships: So that they may be dispatched in a Month, or Six Weeks; whereas Separate Traders have been Obliged to stay sometimes Four or Five Months before they could purchase their Compliment of Slaves. Was it the War that was the Cause of the Planters being ill Supplied, when the Separate Traders affirm, in Seven Years, they imported into the Plantations 150,000 Negroes: No, if all those Negroes had been settled in the Plantations, there could have been no Complaint for want of Supply; but it's plain, if any truth in this great Importation, they were carried to other Nations: And I may Appeal to the Separate Traders, whether during the late Act of Parliament, they have not been Losers by what Negroes they have sold to the British Planters, take these 15 Years last past round; particular Men may have got, but its plain the Traders in General lost; and particular Men may get again, and after they have done their Business, leave off the Trade; but it's hoped that upon better Consideration, they will become more publick Spirited, and preferr the preservation of the Plantations to their own private Gain, and become Subscribers to the Stock of the present Company; and Consent and Assist in supporting their Charter and Privileges, by becoming Proprietors in the same, rather than Endeavour to destroy the property of a Company, that in a manner settled the profitable Sugar Colonies, and have met with great Losses, which with the aforementioned Hardships and Injury's have brought them Low, 'till the late Act of Parliament in Favour of their Creditors, which has revived them; for however their Necessities, during their misfortunes, might have forced them to some Shifts, which is even the Case, many times, with private Men; yet they cannot be denyed the Credit of this, that they have, under all these Discouragements, tho' at a very great Charge, kept Possession by the power of their Forts, Castles and Factories upon the Coast; and are now going on briskly with the Trade, that again Offers its self to this Kingdom; a Trade that Offers many advantages, not only the Consumption of Manufactures for the purchase of Negroes, for carrying on the profitable Plantation Trade, but the great Consumption that may be Introduced amongst the Negroes, of our Manufacture, even Equal to that in New Spain: Besides, by penetrating into that great Country, no doubt Gold and Silver Mines may be found out Equal to the Spanish or Portugueze Mines; but then this can never be Effected by Separate Traders, or otherways, than by the power of a Company Exclusive; for the State and Condition of the Africans must not be compared to that of the Turks or Muscovites, from whom we must take Laws, and such Trade as they will agree to; but in Africa we might give not only the Natives, but even all other Nations, Laws, which can be no other way done, but by such an Establishment as has been mentioned. We have been too many Years instructing the French, Dutch and Portugueze, to take this Trade into their own Hands, and have gone a good Length in teaching the Africans to keep us all under their Command; therefore it's high time to put this Trade on a certain Foot, for otherwise, Adieu, not only to the African, but to the Plantation Trade.

Economy

SOME OBSERVATIONS, SHEWING The DANGER of Losing the TRADE of the Sugar Colonies, &c.

Some observations, shewing the danger of losing the trade of the sugar colonies

EcA1720

THE Miscarriage of the Naval StoreBill last Session of Parliament, leading several Gentlemen to enquire how a Bill so very advantageous to the Publick, could be lost; and your Desire of having the true Reasons which put the Merchants upon applying for it, have engag'd me to give you the Trouble of this Letter: in which you have, according to the best of my Knowledge, the true Cause for undertaking it, and also my Thoughts touching the regulating our Trade to the Plantations, in those Particulars you seem to be dissatisfy'd in. It is well known that we formerly receiv'd our Supply of Pitch and Tar from Sweden: but the Swedish Merchants knowing that the Best Tarand Pitch was made in their Country, thought they had an Opportunity given them to engross it to themselves, and to send it out in their own Shipping, and sell it to their Neighbours at their own Prices: In order thereunto, they form'd a TarCompany, who engross'd the whole; and several severe Laws were made, that no Makers should sell to any but to them, and that no Ships, either foreign or their own, should load any but for their Account, and by their Order. This Monopoly gave great Uneasiness to our Merchants, who thought it a Hardship to be debarr'd bringing home what Pitch and Tar they had occasion for their own Shipping; for losing that Navigation was putting a Number of Ships out of Employment, and consequently paying our Neighbours for Work whilst our People were unimploy'd. They made several Complaints, but to no purpose, till the Year 1703. a War being then declar'd with France, and consequently a Royal Navy to be fitted out. Upon Examination it was found, that there was not then Pitch and Tar enough in London for an immediate Supply. Hereupon several Letters were wrote to Dr. Robinson, now Bishop of London, then her Majesty's Envoy at the Court of Sweden, upon that Occasion: To which the Doctor return'd an Answer from Warsaw, the 4th of August, 1703. to Sir Charles Hedges Secretary of State. This Letter was copy'd out, and given to several Merchants, that they might see how much it was in the Power of the King of Sweden, either to forward the fitting out the Royal Navy of England, or to keep it in Harbour. But for better Information, I have transcrib'd the Letter, viz. I Just now receiv'd your Honour's Letter of July the 6th, with Orders that I should earnestly press the King of Sweden to give such Directions about the Delivery of Pitch and Tar, as that her Majesty may know what she has to trust to therein. Upon this Subject I humbly take leave to repeat what I have formerly writ your Honour, that on the 17/27th of March last I transmitted to the King of Sweden her Majesty's Letter about this Business, and sent it with a large Deduction to Count Piper; whereupon on the 20th of March his Majesty writ to the College of Commerce at Stockholm, that they should give all due Assistance to the English Factors, employ'd to buy up that Commodity for her Majesty's Service; that for ready Money they should be supply'd as well with what was wanting for the two former Years, as what was desir'd for this. Which Letter I sent to Stockholm, where it was in due time receiv'd. Not long after, Count Piper told me, the Directors of the Tar-Trade had represented it to the King as a great Grievance, that they should be oblig'd to deliver at Stockholm any Pitch or Tar for the Use of the English Navy, for that they could to much more Advantage carry it thither, and sell it themselves. I prest the Count very earnestly, that at least the King's Letter, which was already sent, might be comply'd with for this Year; and that if the like was desir'd for the future, we should give them Time for Deliberation, whether they thought fit to gratify the Queen therein or not. I had hopes this fair Request would not have met with any Difficulty, but have lately heard from Mr. Jackson it has been wholly rejected, and that the Directors of the Tar-Trade have declared they will export to England and elsewhere all their Pitch and Tar for their own accounts, and that her Majesty's Navy shall be supplied at the Market-Price fixed. This I take to be all her Majesty has to trust to on that side; and my humble Opinion is, no Relief from hence can much mend the matter. For as it can hardly be expected any new Order from the King of Sweden (if procured, which is uncertain) can arrive at Stockholm till some time in September, so it is not sure it will then be obey'd more than hitherto, especially considering that by that time the Transportation of Pitch and Tar from Finland to Stockholm will be almost over, and the Directors will have to say, that they have not the Quantity desired. It would also fall into a hazardous WinterVoyage, and, in all human appearance, not answer her Majesty's Occasions; wherefore I am much in pain what Resolutions to take. To repeat her Majesty's Request to no purpose, and where there may be a tolerable Pretence for not complying with it, seems to me to be very improper; and I humbly hope your Honour will be of that mind. Mr. Jackson writes me in his Letter of July 1, that a good Sum was then offer'd to facilitate the Matter, but he had no hope it would succeed; I also believe it will not, the Count Wrede being so little inclined to contribute in any case to a good Intelligence between England and Sweden, and none else having any Authority in these Matters: and therefore if these Endeavours also fail, I cannot perceive her Majesty can with any Certainty be supplied otherwise than either by buying Pitch and Tar of those Directors, at such a Price as they will sell it at in England, or by seizing what they send, whether found by Sea or in Port, and taking it at a reasonable Price. The King of Sweden did the same last Year by Lead bound for Dantzick; and our Merchants there writ me, they apprehend it may be so this Year also. The Reclaimers, not insisting upon the Advantage they might have had by carrying their Lead to Dantzick, offer'd it at the same Price the Admiralty of Sweden paid for the last Lead they bought; but instead of that were obliged to let fall one sixth, and without any Composition for the bringing up and detention of their Ships. Against this may be objected, that thereby the present Occasion may be served, but the Uncertainty become greater for the future. To this I can only answer, That the Swedes must always by themselves or others, ship out their Pitch and Tar, and we shall therefore hereafter be at as much Certainty as now. Besides, as those Directors have for many years monopolized, and reserv'd to themselves the Transportation of all Pitch and Tar that goes to Holland, so I judge they intend to do in regard to England also, which if so, would fall hard both on our Traders in that Commodity, and on our Shipping employ'd hitherto in a good Proportion to fetch it: beside that the Price in England would be what the Monopolizers pleased. These Inconveniencies will, I hope, be consider'd, and remedied one way or other. I am also of opinion, that if the War with Muscovy be of any long Continuance, and Inroads be made into Finland, as most probably will, Sweden will not have such Quantities of Pitch and Tar to send abroad as the Occasions of Europe require. Courland furnished some formerly; but while the Swedes are Masters there, none can be expected thence. It is but very little, and not good, that Norway yields; and I suppose there is but very little Certainty it can be had from Muscovy. What Difficulties there are in making and bringing it from New England, I am not acquainted with, but take it for granted England had better give one third more for it from thence, than have it at such Uncertainties, and in so precarious a manner from other Countries, &c. The Swedes were so fond of their new Monopoly of Pitch and Tar, that I am assur'd, by the Commander of an English Merchant-Ship, who was at Stockholm in the Year 1710, that his was the first English Ship which had been there for six or seven Years; and that he made Application by some British Merchants residing there, to the Tar-Company for a Loading of Pitch and Tar, offering them their own Prizes in ready Money: but no Interest could prevail, unless he would give Security not to carry the said Loading to London, Lisbon, or any other Port where the Company had a Factory. The People of England soon took the Alarm; the Merchants made strong Application for making those Commodities in our own Plantations, and therefore that matter was brought before the Parliament, who gave the present Encouragement upon importing Pitch and Tar from our Plantations, which soon produced very great Quantities from thence, and they are now so very much encreased, that we receive twice as much as the Nation consumes, and are thereby enabled to export great Quantities to the Streights, Spain, Portugal, Holland, Bremen, and Hamburg. 'Tis allow'd the Bounty given by the Government amounts to a large Sum yearly; but what we re-export and sell our Neighbours, makes the Kingdom amends for that Disbursement, and it has brought down the Price so low, that both Pitch and Tar are sold with us for less than one third part of the Price we once paid for Swedish Pitch and Tar: And if this way of supplying our selves from our own Plantations had not been found out, no body knows how high the Swedes might have raised their Price upon us, besides the Uncertainty of having it at any Price. Upon the King of Sweden's Return from Bender, the Merchants were of Opinion, that his active and warlike Temper could not long sit still, and that a War would soon begin in the Baltick, which would be a great Interruption to our receiving from thence Naval Stores, and also be very injurious to all Manufacturies that depended on them for Materials, but especially to the Iron Manufactury, Timber, &c. What was fear'd soon came to pass, a War in the Baltick was begun, great Numbers of our Ships were seiz'd on frivolous Pretences, and carry'd into Swedish Ports, and condemned as Prize, to the unspeakable Damage of the Merchants of this Kingdom; for which no manner of Redress has been obtain'd. The Lords Commissioners of Trade being sensible of the great Advantage of supplying our selves with Pitch and Tar from our own Plantations, sent to the Merchants to give them an account what other Naval Stores might be produc'd and brought from thence. Their Lordships were told, that if Encouragement was given, and the People put into a proper way to begin, all other sorts of Naval Stores, as well as Pitch and Tar, might be brought from thence; that the Swedes had laid a new Duty on their Iron of near 25 per cent. and that the Interruption of our Trade in the Baltick had greatly distress'd our Iron Manufacturers for want of Iron to carry on their Business; and farther, that the Danes had rais'd their Boards from eight or nine Dollars, to eighteen Dollars per hundred: That Undertakings of this Nature (as in the Case of Pitch and Tar) would at least lower the Prices, and lessen the Imports of Danish and Swedish Commodities, which at present drew from us a most prodigious Sum of Money. And, Lastly, it is manifest, that unless we import about 20,000 Tun of foreign Iron per annum , our Manufacturies cannot be compleatly carry'd on: For in the two Years before the War began in the Baltick, viz. 1714, and 1715. (in which Years we had a free Trade with Sweden) above 40,000 Tun was imported; and tho in the two following Years above 23000 Tun was imported, yet that being short of a sufficient Supply, it created terrible Complaints among the Manufacturers. Now 20000 Tun of Iron, at 12l. per Tun, comes to 240,000l. and the Boards and Timber we receive at their present advanc'd Price, comes to 200,000l. more; and if they found we could not otherwise be supply'd, they would raise the Price on us. And besides all this, the Danes and Swedes had usually the Navigation of all their own Boards and Timber, &c. in their own Shipping; which Employment qualify'd them to breed up Seamen, and consequently, upon any Irruption, to fit out Ships for War and Privateers to annoy our Trade; and if so great an Advantage as bringing the said Commodities from our Plantations could be brought to pass, it would augment our Navigation to the Plantations to more than double what it now is; and not only be an additional Employment to our Ship-Builders, and all others concern'd therein, as well as to our Sailors and Seamen, but increase the Consumption of our Provisions, and other Necessaries for victualling and fitting out the said Ships; and that as our Navigation encreases, that of Sweden and Denmark must of course sink, and our new Supply of Seamen will be the greatest additional Strength imaginable of able and useful Seamen to the Naval Force of this Kingdom; which Sailors will be ready on all Occasions to man out our Fleets. That in the Navigation we now carry on to our Plantations, it often happens that the Crops of Tobacco and Sugar, &c. fall short; so that many of the Ships are forc'd to come home dead freighted, and some lie a whole Season for the next Crop, which (if Encouragement was given for bringing Timber, &c. from our Plantations) would, upon such Disappointments, be sure of a Loading. These Accounts were receiv'd with very great pleasure by their Lordships; and the Merchants, to promote so good a Work, waited on the Ministry at the Board of Trade, who heard and thorowly examined what the Merchants had to offer. And after they had been attended at a great many Meetings, and receiv'd full Satisfaction, that it would be greatly for the Advantage of this Nation to be supply'd with Naval Stores from our own Plantations, and very much enlarge the Exportation of our Woollen and other Manufacturies; a Motion was made for bringing a Bill into the House, which was accordingly agreed to by the House, and pass'd the Commons with a Clause, "That no Person or Persons within the said Plantations, or any of them, shall manufacture any Iron Wares of any kind whatsoever, out of any Sows, Pigs, or Bars whatsoever, under the penalty of empty space one part to such Person or Persons as shall seize or sue for the same, to be recover'd in any of his Majesty's Courts of Record at Westminster, or Court of Exchequer in Scotland, Courts of Admiralty, or other Courts of Record in the Plantations, &c. the Proof to lie on the Possessor." By this Clause no Smith in the Plantations might make so much as a Bolt, or Spike, or Nail. This Clause must indeed have put the Colonies into a most miserable Condition; the Smith being above all other Trades absolutely necessary for carrying on all other Employments: among the rest, that of Ship-Building had by it been utterly destroy'd, tho by this Article they make a great part of their Returns to England for purchasing our Manufactures. And there was another Clause added in the House of Lords, "That from and after the 25th day of Decemb. 1719. no Forge going by Water, or other Work whatsoever, shall be erected or kept up in any of the said British Plantations, for the making, working, or converting any Sows, Pigs, or cast Iron, into Bar or Rod-Iron, upon pain, that if any Person from thenceforth erect or keep up, or cause to be erected or kept up any such Forge or other Work for the Use or Purpose aforesaid, such Person so offending, being thereof lawfully convict in any of his Majesty's Courts of Record at Westminster, or in the Court of Exchequer in Scotland, or in the Court of Admiralty, or other Court of Record held in such Plantation where the Offence shall be committed, at the pleasure of the Informer, shall, for such his or her first Offence, suffer six Months Imprisonment without Bail or Mainprize, and for every other such Offence shall suffer six Months Imprisonment without Bail or Mainprize; and all Governors, or Commanders in Chief of the said Plantations, and every of them, now and for the time being, are hereby strictly requir'd not to suffer such Forge, or other Work to be erected or kept up in any of the said Plantations within their respective Governments, contrary to the true Intent and Meaning hereof; and if any of the said Governors or Commanders in Chief shall willingly or wittingly offend or be negligent in doing his Duty herein, upon Complaint and Proof made thereof before his Majesty, his Heirs and Successors, or such as shall be by him or them thereunto authoriz'd and appointed, by the Oath of two or more credible Witnesses, the said Governor or Commander in Chief, so neglecting or offending, shall be remov'd from his Government." This second Clause must have ruin'd all those Iron-Works in the Colonies, to the great Loss of the Proprietors of them, and given the French a much fairer Handle to tempt them into their Settlements, which join to ours, than the Scarcity of Iron has given them to intice away our Artificers. Which being duly consider'd, those Persons that were sollicitous for the Benefit of the Publick, desir'd the Bill should be dropt that Session, that the Members of both Houses might have time fully to inform themselves of the Advantages thereof. Those Gentlemen who chiefly oppos'd this Undertaking, were concern'd in Iron-Works, who since the Interruption of the Trade with Sweden, have rais'd their Iron to an extraordinary Price: They did all they could to obstruct the Bill; they reported it would hinder the Exportation of wrought Iron to the Plantations, that it was only a Trick of some Stock-Jobbers, and that it was carry'd on by some Persons that had a Grant from the Crown of some part of Nova Scotia. All which were mere groundless Insinuations; for there never was a Design of making a Stock of it, nor were any Stock-Jobbers ever concern'd in the solliciting it, much less did any Person concern'd whatsoever think of a Grant from the Crown; neither was Nova Scotia the Place intended for carrying on the aforesaid Business, or thought to be proper for the said Undertaking. But as the People of New England, New York, Pensylvania, Carolina, &c. are under great Necessities for English Manufactures, and an Incapacity of providing Commodities to pay for them, has prevented the English Merchants from sending them those large Quantities that might be a sufficient Supply; and as inevitable Necessity has put them upon manufacturing for themselves; therefore this new Employment of providing Naval Stores, was propos'd to take them off the Manufactures that interfere with ours. But making a Monopoly or Stock of it, would utterly destroy the very Intentions of the Naval Store-Bill, force the Planters to continue to manufacture for themselves, and prevent the exporting our Manufactures thither. Those Joint-Stocks or Companies, that have been erected for carrying on a Trade to the Plantations, have been found very prejudicial, and their Capitals have been quite traded away, and entirely lost to the Proprietors. Upon examining our Exportation of wrought Iron to the Plantations, it appears that the same amounts to about 1300 Tun yearly; the full half of it goes to Jamaica, Barbadoes, and the other Sugar-Islands. But if we allow seven hundred Tun to the Plantations on the Continent, about one half of that goes to Virginia and Maryland, where they have better Employment than to set hands to the making Iron Wares, and make sufficient Returns for themselves. Therefore it may be concluded, that these Plantations, as well as the Sugar-Islands, will never concern themselves in making Iron-Manufactures; so that the whole that can be in danger is the remaining 350 Ton. Now the Manufactury of all this 350 Ton, allowing full 12s. per Hundred Workmanship, comes but to 4200l. a Sum not worth mentioning. 'Tis then very obvious, there was no reason for the aforesaid Oppositions. If these Gentlemens Care had been for the Good of the Publick, why were the Woollen, Linen, and Leather Manufacturies, Hats, &c. neglected? Is it not as much the Interest of England to preserve the Exportation of those Manufacturies, as that of Iron? But if our Plantations, that have thirteen or fourteen Iron-Works employ'd in making Bar or Pig-Iron, were encouraged to bring it home, it would not only secure the Trade we now have with them, but enlarge it. This Rise of Iron is a very severe Tax on Waggoners, Carriers, and Farmers, viz. on the Tire of their Waggons, Carts, Plough-Shares, and other Iron-Works. It is three Half-pence or two Pence per HorseShoe upon all large Waggon-Horses and CoachHorses in and about London, and a Penny on the least Shoe that is made; and I suppose it may be near the same in other Parts of the Kingdom. 'Tis also a most prodigious Discouragement to all our Ship-building. We can't expect to make Anchors, Bolts, or any other Iron-Works, for the Streights, Spain, or Portugal, nor find a Market abroad for our IronRails, Gates, and other nice Iron-Works; the Iron being so much cheaper in Holland, Germany, Flanders, &c. will cause our Workmen to go thither to supply foreign Markets. But tho we have as good Opportunities of making Iron as any Place in the Universe by our own People in our own Plantations, the Profit of which would be spent among us; yet we must not improve them: A Circumstance hard to be accounted for! If it had not been for this Restraint upon the Iron-Trade, we might have had the fitting out of our own Guinea Ships; but the Dutch underselling us in Guns, Knives, and other Iron-Works, have thereby ingrossed the fitting out whole Cargoes. It must be owned the Distress of the Poor Manufacturers is very great: The Dearness and Scarcity of Iron has thrown abundance of them out of work; and those that continue to work, have such large Deductions out of their usual Wages, that they meet with great Difficulties to find Bread for their Families. The Iron-Manufacture is said to be the third in the Kingdom; and that not less than 200,000 Persons are employ'd in it. The Waste and Destruction of the Woods in Warwick, Stafford, Worcester, Hereford, Monmouth, Glocester, and Shrop, Shires, by these Iron-Works, is not to be imagined. The Scarcity of Wood is already grown so great, that where Cord-Wood has been sold at six or seven Shillings per Cord within these few Years, it is now risen to fourteen or fifteen Shillings; and in some Places is all consumed. The Iron-Works are got among the Woods in Glamorganshire, and have begun on the small Quantity in Pembrokeshire, which can stand but a little time before them. And if some Care is not taken to preserve our Timber from these consuming Furnaces, there will not be Oak enough left to supply the Royal Navy, nor Shipping for the Use of the Merchant, to the great Discouragement of Ship-building and Navigation, upon which the Safety and Figure of these Kingdoms, as a Maritime Power, depends. It is generally allowed, that within these sixty Years, Ireland was better stored with Oak-Timber than we are; but several Gentlemen from hence, as well as those residing there, set up Iron-works, which in a few Years swept away the Wood to that degree, that they have not small Stuff left to produce Bark for their Tanning, nor Timber for common and necessary Uses. Their Distress is so great, that they are forced to send to England and elsewhere for Bark, and to Norway, &c. for Building-Timber, and suffer their large Hides to be exported to Holland, Germany, and Flanders, where (to the loss of that Manufactury) they are tanned: and every Body is sensible of the Damage it must be to a Kingdom to lose their Manufacturies, and how difficult it is to regain them. For if we consider Manufacturies and Navigation in general, we shall find that Kingdoms and States are more or less rich, as they have a greater or lesser Share of Manufacturies and Navigation. If we take a view of Denmark, Switzerland, Bohemia, and other Parts of Germany, we shall find the common People so miserably poor, that they think themselves happy when they have an Opportunity of listing for Soldiers, and are always desirous of hiring out their Troops to be maintain'd by their Neighbours, and to receive the small Returns of Money they are capable of sending home out of their Pay. If we likewise take a view of our own Kingdom, we shall find our Trade and Riches came in but very slowly till our Plantations began to be settled; and as they throve, our Trade and Riches encreased, our Lands rose in value, and our Manufacturies encreased also. And there are Reasons enough to be assigned for it, which I may at a proper time more fully demonstrate. 'Tis generally agreed, the Sugar and Tobacco Plantations only, employ 300 Sail of Ships, which may be allowed to find Employment for 6000 Sailors; and they and their Families are all maintained by this Navigation. Allowing each Ship to be worth 2000l. fitted out to Sea, there must be 600,000l. of the National Stock employ'd in this Shipping, beside their Cargoes. The Advantages of victualling such a Number of Ships must be very considerable. The Dependants on this Trade, and their Families, are all supported and maintained thereby; such as Ship-Carpenters, Joiners, Caulkers, Sailmakers, Rope-makers, Anchor-Smiths, Blockmakers, Ship-Chandlers, Bakers, Brewers, Butchers, Lightermen, Wharfingers, Porters, and Carmen, beside many other Employments. And further, let those who are versed in Politicks, consider how much the natural Bulworks of this Island are maintained, repaired, and augmented by so great a Number of the best of Sailors. It has been affirmed by some very good Judges, that before the Settlement of our Plantations, we paid 400,000l. yearly for Brazil Sugars; that we paid the Spaniards 100l. per Ton for Logwood, and an extravagant Price for a great many other Commodities, with which we are now supplied by our own Plantations. And Sir Josiah Child tells us, that in his time Brazil Sugars were beat down by the English Sugars from 7 or 8l. to 50s. or 3l. per Hundred; and the Quantity imported from the Brazils from 100,000 or 120,000 Chests, to 30,000 Chests. And by another Author we are also told, that Brazil Tobacco stood us from 4s. to 8s. per Pound. If we consumed but half the Quantity of Sugar then that we now do, and it cost us 7 or 8l. per Hundred, it must stand the Nation in a Sum greatly exceeding 400,000l. yearly. And had the Consumption of Tobacco been then as great as it now is, it would have amounted to a Sum that would exceed my Calculation. But now those Colonies do not only supply us with all the Tobacco and Sugar we consume, but send us above the Value of 500,000l. yearly for Re-exportation, beside Ginger, Cotton, Wool, Indigo, and many other Commodities, out of which great Numbers of Gentlemen and Planters who reside with us, are maintained; and very large Sums of Money laid out in Lands in this Kingdom, which has exceedingly raised the landed Interest. Sir Josiah Child computes, that every white Man in the Sugar Plantations employs four Persons at home to provide him and his Negroes with Wearables, Houshold-Goods, and all other Necessaries for carrying on the Work of the Plantations: And all agree that every Person employ'd in Manufacturies for Exportation, adds a considerable yearly Value to the publick Stock of this Nation. But notwithstanding all the Advantages we receive from the Plantations, I am fully of opinion that that Trade might be so improved as to be twice as good to this Kingdom as it now is. And that a little Care to put the People there into a way to send us their Commodities, and Productions, would cause them to throw away their Woollen, Linen, and other Manufacturies that interfere with this Kingdom, as Virginia has done upon the late Act for encouraging the Exportation of Tobacco. And as soon as those Favours are granted them, and they have made some progress therein, I doubt not but we shall see a new Scene opened, additional Manufacturies carrying on in Great Britain; and Gentlemen would find new Houses built upon their Estates, Towns encrease, and Lands rise about them; Corn, Cattle, and all sorts of Provisions, go off quick, and at a better Price: for where Employment is to be found, Workmen will resort, and Numbers of People will create Consumption. I know several People are very fond of shipping out Corn, and we allow a considerable Bounty to encourage it: And it is very well to have a Market when we have more Corn than we can spend. But few consider the Advantages of sending abroad our Woollen and other Manufacturies made of Materials within our selves. If we compare the National Advantages of shipping out Corn, and also of our Woollen Manufacturies, we shall find the sending out the Value of 100l. in Woollen Manufacturies to be full as good as sending out the same Value in Corn. For both Corn and Wool are our natural Product; and Manufactury is the Labour of our own People, as well as Plowing, Sowing, Reaping, and Threshing. Ploughing, Threshing, &c. can only be performed by able Men; but in woollen Manufacturies Women and Children find Employment, and are useful in carrying it on as well as Men: Every Body may be employ'd in Manufacturies, but few in Tillage. It's thought we export above twenty times the Value in Manufacturies, that we possibly can do in Corn. The foreign Markets for Corn are very uncertain and precarious; but our Exportation of Manufacturies may be render'd more steady and certain, and Encouragement may open new Markets. Our great Care and Study therefore ought to be to enlarge the Exports of our Manufactures, where there is so much room for Improvement; but more especially to our own Plantations, where it is in our power to enable them to purchase all their Clothing of us. 'Tis the Prudence of the Dutch to draw all the ingenious Artists and Manufacturers they can into their Dominions. They also take care that all Materials for Manufacturies be render'd as cheap as possible: And this Fore-sight of theirs has enabled them to do those Wonders by Trade which they have done. And the French are now vigorously persuing the same Methods. And it is the Opinion of a great many judicious Gentlemen, that if we, in like manner, endeavour'd to draw in Artists and Manufacturers into this Nation, we might very easily consume the Corn among ourselves which we now export: That one Bushel of Wheat spent at home by additional Manufacturers is of six times the advantage to the Nation as a Bushel shipped abroad; because in spending one Bushel of Wheat at home, there is five times the Value spent in Flesh, and all sorts of Provisions, Beer, &c. that is to say, the Value of one hundred thousand Pounds spent in Wheat, would create the Consumption of five hundred thousand Pound of the other Products of the Earth, beside the Addition of Clothing, House-rent, &c. But instead of a Bounty, or the Duty drawn back on wrought Iron, it pays empty space per Cent. outwards, and 20 per Cent. Custom inwards. There is a very great Duty on several sorts of Dying-Stuffs, which makes our woollen Manufactures go dear abroad; a great Excise on Soap, Candles, Leather, &c. And if those Duties are not taken off, it is greatly to be fear'd the Dutch and French will have an Advantage over us in Manufacturies, and draw away many of our Manufacturers also. As I have already mention'd the Advantage we receive by the Sugar and Tobacco-Plantations, I shall now shew the Difficulties some of the Colonies are under for want of being put into a way to make Returns, particularly New England. Their great Delight is to wear English Manufactures, but the Difficulty of coming at them is very great; hitherto they have found no Silver Mines, and have never been put into a way to provide any thing to send us, that the Country produces, but Pitch and Tar, Turpentine, and Ships of their own building. Those Articles will go but a little way towards clothing such a Number of People, and therefore they are forced to visit the Spanish Coast, where they pick up any Commodity they can traffick for, to carry Lumber and Provisions to the Sugar-Plantations, and to the Logwood-Cutters at Campeachy, and there exchange them for the Product of those Islands, &c. which they generally send to us; they are forced to catch Fish, to make Pipe and BarrelStaves, &c. which they send to Portugal, Spain, or the Straits; and lastly to build a great Number of Ships, the only Manufactury (except Turpentine, Pitch, and Tar) in that Country, that they can send us, which they often sell with their Cargoes in Portugal, and other Parts of Europe, as well as in England. By these Methods they make a shift to scrape up about 150,000l. per annum , to pay for the Goods they buy of us. 'Tis almost incredible that they should be capable of raising so great a Sum; and yet if they could find out Methods to raise more Money, their Demands for our Manufactures for their Supply would be vastly greater; for want of which they are forced to fall on the Woollen, Linen, Iron, and Leather Manufacturies, or any other wherein their Servants or Negroes can be serviceable to them. This hath given great Uneasiness to the Manufacturers and Merchants, as well as Sailors of this Kingdom, and occasion'd many to say, that they strive to carry away our Trade; that they have, great and small, near 300 Sail of Ships in NewEngland alone. But the Persons, who have received such Notions, ought to consider, that this Number consists mostly of small coasting Sloops; and that as to their larger Ships, the Merchants of Great Britain are Owners in great Part; and from these Ships, and their Cargoes, is produc'd all the Money we receive for our Manufactures. If they had more Ships, and as well employ'd, that could be sold with their Cargoes in Europe, the Demand for our Manufactures would be so much the more enlarg'd, as the Opportunity of making Returns amounts to. But if they had Encouragement, we might receive all our Naval Stores from them, which we now have from Sweden, Norway, &c. and for which we are forced to pay in Gold and Silver. For our own Plantations abound with divers sorts of Wood, viz. Gum-Wood, Mehoggony, Wild Cherry, Chestnut, Cypress, Cedar, Wallnut, Hickery, Oak, as well as the common sorts of Wood which we receive from Sweden, Norway, and Germany; which (if the Duties were taken off) might be imported cheaper than we have them from thence. They have made excellent Pot-ashes, they produce very good Flax, have rais'd very great Quantities of it, and have begun on Hemp; which grows so high on rich Grounds, that 'tis difficult to dress it at full Length. In Carolina they produce the best Rice in the World; and if that Trade was well directed, it might supply Portugal, Spain, and Italy with it, as well as the other Parts of Europe. They have extraordinary rich Copper-Mines: and if search was made, 'tis thought some of a better nature may be found. They have Iron-Stone all along the Continent, from the Southermost Parts of Carolina, to the Northermost Part of New England, in great Plenty; some of it, upon Trial, has made extraordinary good tough Iron, and very good Steel. No Part of the World abounds more with prodigious Quantities of Wood, nor has more Rivers and Streams than that Part of the Continent. There is so much Wood, that the great Charge of the Planter is to clear the Ground. And as no one Undertaking consumes so much Wood as Iron-Works, if they were erected, the Land would be cleared of the Wood, the Air purified, the Ground made fit for Hemp and Flax, and the best Timber might be preserv'd for bringing home. In charcoaling the Wood, there will be a very good Opportunity of drawing Pitch and Tar out of the Pine-Trees; and no Wood, according to the best Observation, makes better Charcoal for Iron-Works: and all this without any other Charge than providing Fewel for the IronWorks, such a Dependency have these Operations one upon another. And as there are so many Circumstances that attend the making Iron in our own Plantations, if proper Encouragement was given, it may be brought to a very great Perfection, and such Quantities made, as to exceed in value any other Product of our Plantations. Iron is a Commodity of universal Use, staple, and certain in all Parts of the known World; consequently as much to be valued as Silver or Gold; a Commodity that will be carried every where as Ballast, at little or no Charge. And whereas the Dutch do supply Portugal, the Straits, and Turkey with great Quantities, if we could be so happy as to have a full Supply from our own Plantations, either by Adventurers from hence, who would lay out their Estates in erecting Iron-Works, or in Exchange for the Woollen or other Manufactures which we export to those Places; we should not only ballast our Ships with Iron, but export great Quantities, not only all over the Straits and Turkey, but even to India and Africa; and soon become Masters of a good part of the Trade. And as we were once dependant on the Swedes for Pitch and Tar, we must remain so still to them for Iron, as we must to Norway and to them for Boards and Timber, and to Muscovy for Hemp, unless some Care is taken to relieve us from such a Dependency: For tho 'tis probable we shall soon have a sufficient Supply of Iron from Sweden, yet upon any new Rupture with any of them, our Manufacturers may be put to the same Difficulty as they have lately been under. And as the Czar has all the principal Ports from whence we receive our Supply of Hemp in his own Hands, it is more than probable that he will endeavour to play the same Game that Sweden did with their Pitch and Tar, viz. oblige us to receive it by his own Shipping, and at his own Prizes. Possibly this was what was aimed at in the Projects sometime since offer'd to England, France, and Holland, one after another; and for the same Reason might be rejected by them all. It is therefore very dangerous for us to depend on a Supply of Hemp from those that endeavour to get from us a part of our Trade and Navigation. 'Tis said the French have transported above 20,000 People to their new Settlements of Missisippi within this little time: and as they are so sensible of the Advantage of Colonies, and can by degrees compass all their Designs (witness Hispaniola, Cape Breton, and Newfoundland) I believe almost every Body will agree 'tis now time to look about us: And since they go on with such extraordinary Vigour in transporting great Numbers of People, and give so great Encouragement to those who will transport themselves thither, and have made such strong Forts all along the River Canada, and on the back of our Settlements, it will be well if they admit our Limits to come near them. We indeed claim a vast Tract of Land to the Westward of Carolina, Virginia, &c. but we find the French have brought their Settlements already close to the back of ours. The late French King having granted all the Lands bordering on the English Settlements of Carolina, &c. to the Sieur Crozat, in which the River Avabash is included, which runs close to the Apalatinan Mountains, (Hills that run above the Heads of those Rivers which have their Course thro Carolina and Virginia,) Places most convenient to build Forts for protecting the Skin-Trade, and vending our Woollen and other Commodities; 'tis thought some valuable Mines are contain'd in those Mountains. If they should seize them, or lay hold of part of them, and afterwards on the Heads of the Rivers leading into the Virginian Sea, and desire to carry their Navigation that way, it may in time create Misunderstandings. In my humble Opinion, the surest way to preserve our Claims and Properties to our Colonies, is by peopling them, as the French do theirs; and building Forts and Settlements on our Frontiers, as they do on theirs. Their Navigation is so far up, both the Rivers Canada and Missisippi, that, notwithstanding notstanding the great care taken, they will often want Supplys: and our Plantations lying all along the Sea-Coasts, with the River Canada and Missisippi on our Backs; and their Settlements being on those Rivers, and about the great Lakes, ours and theirs will be so near, that it will be impossible to prevent their supplying themselves with Woollen and other Goods from our Frontiers. There is no doubt but the Missisippi Company will give their own People all the Encouragement that can be thought on; for 'tis said a great number of Negroes will be distributed among them at the Company's Charge, and that experienced judicious Persons will be appointed to examine and consider what Productions may be raised from the several Parts of the Country, and proper Directors appointed to see that the People go on regularly in raising what every Part is most capable of producing, till the Planters shall have Skill and Experience to conduct their own Affairs, and the Tract is perfectly beaten out, and the People settled in it. If the French Settlements have all these Encouragements, and ours should be debarr'd making Iron, and not encouraged to send it home in Pig or Bar, nor admitted to send home their Boards and Timber, and the other Commodities which I have already mention'd, 'tis easy to judge by the Artificers they get from us, what Draughts they will make out of our Plantations, for there is not so much as a Hedge between us and them to prevent it. Our greatest Security, and the readiest way to enrich this Nation, is to give the Plantations Encouragement towards the producing those Commodities before-mention'd, and any other that may be of advantage to us and them. No doubt People from all Parts, who are now made uneasy, would be glad to remove to such desirable Countries as our Plantations are, much more desirable than those of the French, because the Navigation is not attended with the Difficulties of sailing some hundreds of Miles, up dangerous Gulphs, before they can come at their Port. A great many Families have transported themselves from several Parts of Germany, Poland, &c. to our Plantations; and a little Encouragement would draw great numbers thither. 'Tis certain a very great Treasure may be gain'd to this Nation by peopling our Colonies: It is therefore to be wished, that some Countenance was given to several sorts of laborious People, both in Germany and Switzerland, who are but indifferently treated in their respective Countries, to transport themselves thither. I think it will sufficiently appear, that the Encouragement of making Pitch and Tar in the Plantations has made us independant for those Commoditys; that now we have no need to bribe any Ministry, nor supplicate any Prince in the World to supply us with them Vid. Dr. Robinson's Letter before recited. for our Gold and Silver; also that our Plantations can effectually supply us with all other naval Stores; and that if they had Encouragement to provide Iron, Hemp, Flax, Boards and Timber, we should be effectually supplied with all those Commodities, not only for our own Use, but for Reexportation; and that as soon as the Planters had other Employments to turn their hands to, they would presently abate sending Pitch and Tar in so great Quantities; and what they did send would be as good as that from Sweden, as I am credibly informed some of it is which is lately arrived. And not only so, but more Commodities and Goods to greater value, may be brought home for Re-exportation than what we now re-export of the Product of our Sugar and Tobacco Plantations, and that the additional Navigation to our Plantations will be more than double what it now is. That as the great Obstruction to the Naval Store-Bill was the Fear of injuring our IronManufacturys, nothing can hinder it so much as preventing their sending us what they can raise from their natural Product and Soil. For as they have 14 or 15 Iron-works, as I have already hinted, if they can't have liberty to bring hither Bar or Cast-Iron, &c. they will want Effects to purchase Iron and other Manufactures with us, and consequently must be forced to work up their own Iron, &c. whereas if they might export hither those Commodities I have mention'd, they might barter them for manufactured-Iron, and other Manufactures. But because 'tis pretended that the Iron Manufacturies of this Kingdom might be damaged, and our Exportation of Iron to the Plantations lessen'd, by making Iron there; and that therefore the great Advantages that would come both to us and the Plantations by the Naval Store-Bill must be lost: I shall, before I conclude this Letter, propose a Method that I hope will sufficiently satisfy the Gentlemen that are really under those Apprehensions, and preserve not only that Manufactury to us, but also shew how our Navigation may be managed so as to prevent the Inconveniencies which are alledged we receive from the New-England Ships, and leave to them the same Advantages which we enjoy in our Navigation. But I would first say something of the Advantages the Colonies will receive by turning their hands from the Manufactures which interfere with ours, and employing themselves in providing the aforesaid Commodities for sending home. That which has enabled our Tobacco-Plantations to outdo the Tobacco-Planters of Europe, is the Cheapness of their Land, and the cheap Work of their Negroes. They have their Lands at a small Quit-rent, which will enable them, when once got into the way of it, to outdo Russia it self in the Cheapness of their Hemp and Flax, as it has done in Tobacco. They are now at a very great Charge to clear their Ground of Wood, which when cut down is of no manner of use to them; but a small Addition to their present Charge, would make it into Charcoal or Pot-ashes. The Russians bring their Hemp and Flax, which is shipt off at Archangel, above 500 Miles by LandCarriage, and above a thousand Miles down the Dwina, before 'tis put on board: But our Plantations lie all along the Continent, near the SeaCoast, and there are every where Rivers navigable into the Country. Geat part of the Land is very rich, and fit for Hemp and Flax; and 'tis a much easier Navigation from thence to England, than it is from Archangel. Hemp and Flax require very rich and strong Land, which must be often dunged; but in the Plantations, when it has bore 2 or 3 Crops, their Land is of so small value, they can afford to lay it down till it recover itself, and break up fresh Ground. By these Methods the Productions of the Land will soon stock them with Hemp, Flax, Boards, and Timber, which will enable them to purchase our Woollen and other Manufactures. And when this Privilege is given, many of them would be content that a Bounty was allow'd to import their Wool into England, as well as their Hides, because every thing (as they say) would help to pay for our Manufactures, which are ready prepared for them. This Method would contribute to enrich this Nation; and it will not only be a Happiness to us to have their Wool to manufacture, but it will take it out of their way. The Blanket-Makers of Whitney will be glad of the worst of it, and work it up into Blankets, and send it them again wrought up, which at this time is a very great Trade to the Plantations. We should by this means transfer the Employment we give the Danes and Swedes (which we pay dearly for in Gold and Silver) to our own People in the Plantations, and pay them for their Labour and Productions with the Labour and Manufactures of this Kingdom; and at the same time have the whole Navigation to our selves. In the third Year of the late Queen's Reign, a Bill pass'd for allowing a Bounty on Hemp imported from the Plantations, which was again renew'd in the twelfth Year of her Reign for eleven Years longer, which time draws towards a Conclusion; and as no Persons have undertaken to import any Hemp into this Kingdom all this time, 'tis not likely they should now begin, unless there be a farther time granted for allowing a Bounty. And whereas there was no notice taken of Flax in that Bill, if the same Bounty was allowed on Flax as on Hemp, it might have induced the Planters to sow both together; for they are Commodities sowed in the same sort of Ground, and order'd in the same manner: If one fails, the other may hit. They are both naval Stores, Flax being used in making Sail-Cloth. But beside, it will be of extraordinary advantage to the Nation: For the Lands in Great Britain being (as I have already observed) too dear for sowing Flax, and therefore the Quantity sowed not allowing work for above four or five Months in the Year, many thousand of People both in the North of England and Scotland are unimploy'd all the rest of the Year. 'Tis by such Misfortunes that People learn idle Habits, and with difficulty are brought to work again: But if they were kept at full Work, they would make twice the Quantity of Linens that are now made. And the extraordinary Plenty of Flax that might be produced by this Encouragement, would give opportunity to many thousands of People, now out of Employment, to fall into this Manufactury; and we need not go far for a Market, ours being the best in Europe. Where care is taken by the State to put their People into proper Methods, many fair Opportunities of enriching Kingdoms are gained. The late French King, stirred up by the powerful Opposition he met with upon his invading the Provinces of Holland, found that Treasure, and not Largeness of Territory, was what enabled the Dutch to oppose him; that their Riches arose from their Manufactures, Trade, and Navigation: and therefore he determined to follow their Example. The first Undertaking was to tempt skilful Master-Workmen and Manufacturers from other Countries. The Golden Bait was laid before Vanroby, a Dutchman, who took it; and in consideration of a large Sum advanc'd him, and Liberty of Conscience to him and all his Descendants, and a Minister of his own Persuasion allowed to preach to them, he removed to Abbeville, with a Train of Workmen. And 'tis remarkable that this was done about the same time that the French King persecuted his own Subjects for their Religion. By this means the Woollen Manufactury was established there, and spread it self into several other Parts of France; and divers other valuable Improvements were made in Trade, not only in providing Materials for Manufacturies on the very best Terms, and enlarging their Navigation, but in peopling their Colonies abroad. The Spirit of Trade that then began among them, has continued ever since, and seems now to rise higher than ever. Their stealing away some of our Weavers to settle at Tankerville so lately, and several other Attempts which they have succeeded in, shows how necessary it is to be upon our guard, and, if possible, to keep our Workmen to our selves; for if the French Emissaries can come at them, there will be no Encouragements wanting to tempt 'em away. And the Emperor is now trying to establish Woollen Manufacturies in his hereditary Dominions: and the Methods taken to restrain and obstruct the Consumption of our Woollen Manufactures in those Countries, amount to a Prohibition upon several sorts of them; tho, at the same time, our greatest Supply of Linen is from his Provinces of Silesia, Bohemia, and Moravia, which amount to a vast Sum yearly. If part of that Money could be saved, by finding Employment for more of our Poor in the Linen Manufactury, I hope it would be very pleasing to every Body: and I am humbly of opinion, that allowing a Bounty on Hemp and Flax from the Plantations would effect it. Indeed all the Naval Stores proposed in that Bill are Commodities which we are forced to have from abroad, for which we pay mostly ready Mony. I know several People have a very mean Opinion of the Linen Manufactury; but that must proceed from want of knowing it better. The Manufactury of Linen may be altogether as profitable as that of Wool. Some Persons both in Somersetshire and Dorsetshire, that threw off the Woollen Manufactury at the Revolution, and went upon making Linens, have found the Advantages thereof. As we cannot have Flax and Hemp grow but on our best Lands, and many Landlords not allowing their Tenants the Liberty of sowing either Flax or Hemp, because it impoverishes the Land; for this reason there is but a poor Progress made at home in that Manufactury, to what it is capable of. The Flax is inconsiderable in value to what it is when made into Cloth: A Pound manufactured may be worth a whole hundred Weight of Flax. And a Bounty given the People in the Plantations, is but a mere Trifle towards their Labour; the Extent and Cheapness of their Lands, and cheap Labour of their Slaves, will enable them in a little time to afford it us much cheaper than we can raise it our selves, or import it from Russia or any other foreign Market. The Pitch and Tar already mention'd is a full Proof thereof; and the People in the Plantations want nothing but a little Direction and Encouragement to put them to work. It is a hard Matter to turn People from the Employment, to which they have been accustom'd, to a new one; and as Necessity put the Inhabitants of the Plantations on Manufacturies for their Clothing, &c. if this new Employment be provided for them, some Care ought to be taken to turn their Industry to enter upon it: and therefore some gentle Restraints may be laid on those Manufacturies which too much interfere with ours. And as the great danger we are to fear is from the cheap Labour of their Negroes, they ought to be entirely excluded from being imploy'd in any Manufacturies. For no body will think it reasonable, when a Nation has spared her People to settle a Colony, that their Arts, Mysteries, and Skill in Manufacturies, should be transmitted to the Slaves of those Planters. Therefore as they are only intended for Planting and doing the Drudgery of the Plantations, they ought not to work at any sort of Iron-Manufactury, further than making into Pigs; nor be admitted to weave, or comb, or spin any Wool, nor to spin or weave any Flax for Linen-Cloth; nor to work up, or be admitted to manufacture Hats, Stockings, or Leather. And if after a certain time allowed for notice, any Negroe or Slave is found working at any of the aforesaid Manufacturies, 'tis proposed that his Master or Owner shall forfeit his Right and Title to him or them, and the said Negro or Negroes shall be transported out of all the Plantations on the Continent to some of the Sugar Islands, or to the Spanish Plantations, there to be sold, for the Benefit of the King, and for the Benefit of the Informer. And there is reason to believe the Planters will be content to have their Negroes excluded from working at any of the aforesaid Manufacturies, provided they may imploy them in raising Flax and Hemp, making Iron, Boards, &c. and be sufficiently encouraged to send them hither; and that they will consent to any further Regulation that may be thought necessary to prevent their interfering with the Manufacturies of Great Britain. It is therefore proposed, That every Master-Weaver, Smith, or Comber, in the Plantations, shall be obliged to appear before the Governour of each Province, there to register his Name and Place of Abode, and take a Licence, and pay for the Liberty of exercising his Trade, and to leave a faithful Account of the Number and Names of the Journeymen he employs: And every such Journeyman shall be obliged to appear before the Governour, and register his Name, and take out a Licence for working with such a Master, and shall pay for a Licence; which Licence shall continue for one Year, and no longer; but if he changes his Master, he shall be obliged to change the Register of his Place of Abode to that of the Person he is going to reside with. The Governour of each Province shall be oblig'd to transmit a faithful Account of the Number of Master-Smiths, Master-Weavers, Master-Combers, Number of Looms, and Number of Journeymen employed in each Manufactury: which Account shall be every Year transmitted to the Lords of Trade and Plantations, with an exact Account of all New-comers and of their last Place of Abode. By this means the Lords of Trade will always have an Opportunity of seeing the Increase or Diminution of the Manufacturies of the Colonies, which may be encouraged or depressed, according to their Wants, or the Danger of their too much interfering with us. This Method will be far from destroying the Iron-Works, or ruining the Proprietors of them, or from preventing the Husbandmen from getting their Plow-shares, Carts, or other Utensils, mended; or from destroying the Manufactury of Ship-Building, by depriving them of the Liberty of making Bolts, or Spikes, proper for carrying on that Work. And yet 'tis hoped it will more effectually prevent the Increase of Manufacturies in the Colonies, than the severest Clause could do, by preferring to them Employments of so much greater value. 'Tis undoubtedly a great Detriment to the Trade of this Nation, to suffer Ships to sail from the Plantations to the Straits, &c. and return again, without being obliged first to come home, and to clear out from hence for the Plantations. For, notwithstanding the Laws against taking in any of the Manufactures or Merchandize of those Countries, Sailors and Super-Cargoes will break thro them; and when they receive Money, will invest part of it in some Commodity or other, to carry back with them; and they never want Opportunities of buying Italian Silks, French Silks, Stuffs and Druggets, Indian Silks and Callicoes, French, Dutch, and Hamburgh Linens: by which means the Money that should be brought to us, is laid out in foreign Countries. This irregular Navigation draws away more of our Sailors to settle in the Plantations, than any one Imployment that can be named. For abundance of West-Country Vessels that go to New-England to purchase Fish, make several Voyages without ever touching in Great Britain, it being entirely out of the way. This Practice calls over the Wife to visit the Husband at New-England; and when they are together, they soon become Inhabitants, and so we lose our People and Trade too. Therefore to regulate this Trade, and render it equally advantageous both to Great Britain and the Plantations, it is proposed that all Ships belonging to the Plantations, who take in a Loading of Fish or Lumber for the Straits, shall be obliged, before they return to the Plantations, to come to Great Britain, and bring the Produce of their Cargoes with them, and then clear out for the Plantations. This Method will put both our and their Navigation upon an equal and just Foundation; and must satisfy those Gentlemen who were uneasy to see so many of our Seamen carried away into the Service of the Colonies. I know it will be objected, that so many Ships being obliged to return to England from the Straits, many of them must come home empty, and consequently be a dead Loss to the Owners. But if this Regulation is made in our Navigation, those Ships that discharge in Portugal, Spain, &c. must come to Great Britain before they return to America; and may afford to take in a Loading at a smaller Freight than either the Dutch or Hamburghers can send their Ships thither, and return; and consequently will become the common Carriers for them both: for the Dutch Merchants, &c. study all frugal ways to render their Goods as cheap at Market as possible. The Navigation now carried on between the Plantations, Spain, Portugal, and the Straits, without coming for England, is for Fish, Timber, Boards, Pipe-Staves, and other Lumber; and because of the Quickness of the Voyage, great Quantities are sold in those Countries, for which large Sums are remitted, and laid out to purchase Manufactures in England. But very few Plantation Certificate-Goods are sold there, because bulky Commodities will not bear the Charges of importing into Great Britain, of passing Debentures, and Re-shipping, and Freight, to the Straits, which cannot be less than 5 or 6s. per Hundred; which is in a manner a Prohibition upon Sugar, Tobacco, Rice, and all other bulky Commodities, the one half of which would be a great Profit to the Merchant. Some Years since the Rice of Carolina was carried directly to Portugal, &c. and great Quantities were sold there; and so well approved, that it beat out the Rice of Verona and Egypt wherever it came; and large Remittances were made from thence to England for the Produce thereof. But as soon as this Liberty was restrain'd, our Markets to Portugal, &c. were lost, and the Planters fell under such Discouragements, that they have not proceeded with the same Vigour in raising Rice ever since; which is a very great Loss to the Manufacturers of this Kingdom: for all the Money which our Planters can raise, is sent here to buy them Clothing and Necessaries; so that England loses the selling of just so much in Manufactures and Merchandize as is abated in the Quantity of Rice that might be exported to Portugal, &c. For our People in the Colonies think it their happiness to be clothed with our Manufactures, and while there, to scrape up something to send home, that if possible they may return to Old England, their original Soil, and here, in Plenty and Ease, spend the Remains of Life. Suppose we now send to Spain, Portugal, &c. from all the Plantations, to the value of 100,000l. yearly in Fish, Lumber, &c. and this Money is remitted to England, and laid out in our Woollen and other Manufactures, it is all Profit to us; but if the Merchant be debar'd this short Navigation, and be obliged to land them in England, and reship them, we should not send one twentieth part to the Straits, &c. that we now do; which Loss would fall on the Manufactures, Product and Merchandize of England. If those who sit at the Helm would be pleased to consider what Productions of the Plantation will bear bringing home, and reshipping to Spain, &c. and what will not, they might, by their Prudence and Foresight, direct every Branch of the Plantation-Trade to be improved to a very great degree: And if Port-Mahon was made a free Port, bulky Commodities might be lodged there, when Markets did not answer, till there was a Demand for them, which would soon draw a considerable Trade thither; and would also be attended with so many Accommodations in favour of the Trade of Great Britain, that it deserves a proper time to explain, and set forth the Advantages thereof. Portugal, Spain, the Straits, and the Levant, consume a large part of the Commodities brought from America, and might be great Customers for the Products of the English Plantations, could they be carried directly to them upon an easy Freight; therefore all Goods that are not capable of Manufactury, and cannot bear the Charge of bringing home and reshipping, might go directly to the Straits: which would greatly inlarge the Sales of our Plantation-Commodities, and draw hither the Silver and Gold of the Indies, without digging for it. I have carried this Letter to a much greater length than I at first intended, tho I have only touched on several things as necessary Hints to lead to further Inquiries: I have also omitted some things in which there is room for further Information. What I have writ has been at spare Minutes in the Intervals of Business: But I hope to find leisure to enlarge on some Particulars I have now touch'd upon, and also to treat further upon some Points in Trade, and the natural Advantages belonging to Great Britain, that may be greatly improv'd for the Benefit of the Publick. ornament

Economy

A LETTER TO A Member of Parliament.

A letter to a member of parliament, concerning the naval store-bill, brought in last session [...]

EcA1731

IT is not possible that the Island of Barbadoes in particular, without making less Sugar, can ever make more Rum than they have lately made; nor can it be imagined, that they will make more Sugar there in a Year, than hath been made there in Time past; yet all the Sugar, Rum, and whatever has been produced there, has been taken off their Hands, at a Price too always above what these Goods might have been purchased for from the French. Now supposing our other Islands to have produced all the Commodities which they possibly could, and that all those Commodities have been constantly taken off their Hands by England, and our Northern Plantations, and have not been enough for them; but they have been under the Necessity of taking vast Quantities of Molosses from the foreign Islands; which some of those Northern People daily distil into Rum, and are likewise glad to take some Rum from these Foreigners to supply their Indian Trades, their own People, and, what is still more absolutely necessary, their Fisheries, which above all Trades whatever deserve the highest Encouragement. Supposing this to be the Case (which it really is) then it is obvious that our Northern Plantations ought not to be restrained from trading to the foreign Islands. In many Trades it is not easy to distinguish the profitable from the disadvantageous. This of the Fishery is an inexhaustible Mine. Hence arises more visible Advantage than by any Trade which we drive; yet a very little Deviation from the Ways we are now settled in might ruin the whole Trade. I will take upon me to say, that if our Northern Colonies should be prohibited from trading to the foreign Islands, that in two Years Time the French in their own Vessels would supply all the Fishermen that were left (if any should be left) with Rum and Molosses from Cape Breton; and the Charge to prevent this (if it were possible) could not be sustained by the Trade. But to reduce this Argument to Order. Barbadoes, all the Leeward Islands, and Jamaica, produce all the Sugar, Rum and Molosses which they can produce; and these are all taken off their Hands by our own People, and our own Shipping: And though they do not produce sufficient for all our Demands, they desire that we will oblige ourselves to take none from any others, though those would sell us cheaper: And this they say is for our Interest, which I am so blind as not to see; but should really think, that if after our own Sugars, &c. were brought home, and we had not quite enough, and knew where to get them, especially when they were to be got cheaper, which I certainly do, that it would be better to send for them, than wait a great while, and at last be obliged to buy them out of Hucksters Hands. Nay I protest, so far am I from seeing, as these Gentlemen would have me, that I think if we did not want an Ounce of any of those Commodities, and could be employed to bring all the Sugar from Brazil, and all the Rum, Sugar, and Molosses from the West-India Islands, that we might make as good a Hand of it as any trading People whatever, perhaps have full as much Profit upon the Whole, as the Owners. Now admit these Islands could but just supply our own Necessities, we should not have one Ounce for Exportation; whereas now we have just so much more as we bring home from all other Places. Let us not be so weak as, at the Loss of the Employment of so many of our own Shipping, and possibly the very Destruction of our American Fishery and Indian Trade, and consequently the Impoverishment of our Northern Colonies, to enrich those Islanders, who yet are the most opulent, most splendid, and gay People in all his Majesty's Dominions. But if these Islands are really under any Hardships, which I think won't be denied, when I fairly state the Case, and shew some Advantages that the French have over our Sugar Colonies, I persuade my self it will be thought the Interest of this Kingdom to take away all unreasonable and unnecessary Restraints upon that Trade. The French by two several Edicts, one Jan. 27, 1726, and another in August 1727. took off a Restraint, which till that Time they had continued upon their own Sugar Colonies, viz. that of obliging all their Ships to come to France first, with the Production of those Colonies; and by those Edicts, gave full Liberty to their Merchants to send directly to Spain all Sugars, and other Merchandize, the Produce of their Islands in America, (Muscovado or raw Sugars only excepted). By this the French, who I am confident, cannot navigate so cheap as we, have an Advantage of getting their Produce to Market cheaper; and consequently, supposing our Plantations and theirs upon a Par in all other Respects, can get, when our own would lose. Wherefore, tho' I cannot think it proper or convenient at this Time to restrain or prohibit our Northern Colonies, or indeed any other Trade that we have with the French in the West-Indies for Sugar, Rum, Molosses, or any other Productions of their Islands: Yet I am of Opinion that our own People ought to be put upon a Par, at least with those of any other Nation, especially where it will not be attended with any ill Consequence to this Kingdom: And therefore to put our own Colonies upon an equal Foot with the French, I think that they ought to be permitted to carry their clay'd Sugar directly to any Part of Europe to the Southward of Cape Finisterre, obliging the Shipping to the same Rules and Restrictions that those are under, which carry Fish and Rice from our Northern Colonies there. With me there is no Doubt of such Regulation being an Advantage to this Kingdom as we are now circumstanced. Suppose for Instance, that John English is at Barbadoes possess'd of 2000 Hogsheads of Sugar, and that he is well inform'd that all the Markets in Europe to the Northward of Cape Finisterre are fully supplied with Sugars, he really wants to turn that Sugar into Money, and wants that Money in England; but, as I said before, England being supplied, and he wanting Money only there, and hearing also that his Sugars would sell in Spain or Italy, he carries them there directly and sells for Money, which he remits to England, in this Case England becomes possess'd of the whole Money these Goods sold for at the best Market, only one Freight deducted, that is, the Freight from Barbadoes to the Place of Sale directly, which to Spain, or even to Italy, will not exceed the usual Freight to England. Now if he is oblig'd to go to England first, though he knows that Kingdom cannot take them off his Hands, and that he must carry them to Spain or Italy afterward, will he not have a great deal of Reason to complain, and may he not say, and reasonably too, "Why do you put me to this unnecessary Expence of double Freight and double Charge? Every Penny which I lose is lost to the Kingdom, or would be saved to the Kingdom by the contrary Practice. For suppose, for Example, on this Account, here are 200 Men of your Kingdom employ'd in this Service, for which your Kingdom is to receive a certain Price or Reward, is not the quickest and cheapest Way of doing it the best for you, as well as me? You have Business enough to employ those Men in afterward, or if not, they may be profitably employed by others, and by that Means acquire just as much more as I should save. Will not my Sugars sell for as much more, when carried from our own Islands directly, as if they had been brought to England and landed there, and then shipped off for such Place? Yes surely, and with less Waste to me, as well as Charge, the whole Produce of my Sugars will as certainly center in England in one Case as the other." I will defy any one to prove the contrary of this, yet do we still continue to restrain our own People from enlarging and extending our own Trade, while other Nations are using all the Means they apprehend to be in their Power to extend and enlarge theirs. Hence I apprehend the Reasonableness of tolerating our Shipping to carry clayed Sugars to any part of Europe within the Limits aforesaid; and whereas there remained as a Duty to the Crown about 8d 1/2 on every 112l. exported hence, I would propose, instead thereof, to pay to his Majesty's Receiver of enumerated Duties in all our Colonies, 12 Pence per Hundred upon all Sugars shipp'd thence, for any Part of Europe to the Southward of Cape Finisterre. This is what I really apprehend will be for the Good of this Kingdom; we shall in all Respects be Carriers of the same Quantities we now are, and there will be gained or saved to this Kingdom just so much as the Freight from England to Spain, or Italy, at least. This I conceive will put our Sugar Colonies upon a Par with the French; and I should really be very glad if I knew of any other Way of serving our Islands without Detriment to the Publick. Should we lay on any Duties upon the French Commodities imported to our Northern Colonies, they ought to be very small, lest we should lose what is so very beneficial, I mean the employing of at least 15000 Tons of Shipping, and not less than 2000 Men, beside the Advantage of supplying our Fisheries and Indian Trades cheap, thereby also enabling the Northern Colonies to make such considerable Remittances here in Money, as well as in Indigo, Cocoa, Sugar and Rum. For, as they trade for all these Commodities with the French as well as English, whatever remains over and above their own Use, is saved and sent home, more especially such Part or Commodity as was produced on any of our own Islands, which is equal to so much real Treasure brought into this Kingdom, either to supply our own Wants, or to sell to our Neighbours; for all which, beside the real Freight and Commissions staying with us for ever, we send them in Return woollen Manufactures principally, by which Means we are greater Gainers than we should be by those who took from us principally the Manufactures of India, Holland, Flanders, or Germany; and all that is gained this Way, is by our own Labour chiefly. The Lumber which our Northern Colonies supply the French with costs nothing but Labour, and their Horses would be of of of no Value, but for that Trade; and what is worst of all, if we did not supply them that Way, they could serve themselves, by which they would increase their Trade and Navigation exactly in Proportion to our Loss. With Lumber they might be supplied from their Settlements of Mobile, Pansecola, and Fort Louis, in the Bay of Apalachy. I will suppose a Sloop loaden with Lumber there, (and she may be as easily loaden there as in any Part of the Universe) and will leave it to any Man acquainted with Navigation and Freighting of Sloops, whether in Time of Peace particularly, if he were offered twenty Shillings in a Ton more Freight from thence to Martinico than from Carolina, Virginia, Philadelphia, New-York, Rhode-Island, Boston, or any other Place on the English Continent of America, he would not accept of it from the Bay of Apalachy. I declare I would; and I am persuaded I could make more Voyages in a Year between Mobile and Martinico, than I could between Boston and Martinico, as I should be pretty sure of a fair Wind always from Martinico down to the Bay; the Time of gaining a Passage thence through the Gulph, would not be longer than the Advantage I had by the Shortness of the Passage down: And considering that in this last Case you are more out of the Way of NorthWest Winds, and never in the Way of them, but when they would be fair for you, really I can make but little Difference in the Choice of the Voyages; but admitting it were twenty Shillings per Ton, what a prodigious Sum should we lose, and the French be so little, if any worse, supplied? Then as to Horses and Mules, they may be supplied with them full as cheap from the Spanish Coast. I allow that they must give perhaps thirty Pieces of Eight for each Mule upon the Coast in the Way of Trade; or if they purchase at Curasoa, as they generally have done, they pay so much Cash; I will suppose in this Case, after Freight and all other Charges, that a Mule in Martinico cannot be sold for less than 400 Livres (i.e.) 25 Pistoles there. In this Case Martinico is as well supplied as if they could have New England Horses, or any other, at half that Price; and it will be allowed me by all who know this Trade, that I have not advanced any Thing about the Mule Trade which hath not been practised. Horses are of such small Value on the Coast of Coro, that as fine Horses as I ever beheld are sold for two or three Pieces of Eight each in Trade. These we cannot carry to Martinico, because the Charge would be the same, or more, than on a Mule, and they would not sell for above half a Mule's Price. I have been told by both French and Spaniards, that a Mule will continue fit for Service 45 or 50 Years, and that they are not so liable to Diseases in any Degree as Horses, though they use them more cruelly, and take no manner of Care of them. I have shewn where they may have their Lumber, and where they may again be supplied with Cattle more to their Profit than they now are. I will just mention an Advantage which the Government at present enjoys by the Importation of Rum, which I apprehend would be quite lost, should our Northern Plantations be restrained from trading to the Foreign Islands. All the Rum which our own Islands produce, is not sufficient to supply the Northern Colonies, if there be Truth in some Reports, and I am inclinable to believe them, viz. That Vide p. 19. of a Book, entituled, The Present State of the Sugar Colonies considered. there hath been 20000 Hogsheads of French Molosses manufactured into Rum in New England in one Year, beside French Rum imported; the Consumption on that Commodity must be prodigious there, for I am well assured that a Gallon of Molosses will make a Gallon of Rum; consequently there was, at only 63 Gallons per Hogshead of Molosses, (though they are generally from 80 to 100 Gallons) 1,260,000 Gallons of Rum made in Boston in one Year, which I believe is more than ever was imported in one or two Years into England. This will plainly prove, that if Boston must and doth expend annually such a Quantity, or but half of it, by prohibiting the Trade between the Northern Colonies and the French Islands, not one Drop of Rum could be brought home here, and consequently the Revenue would suffer just the Sum now received on that Head, until the French had settled into a Trade of sending their Rum to Europe, which there is no Reason to doubt but they would, as well as send Sugars to Holland and Hambourgh. Then I expect we should have French Rum imported here (as we now have their Brandy) to the Loss of all the Advantage we now receive by that Commodity. Some Gentlemen, I am told, say, that the French would throw away all their Molosses, if the New-England Men did not take it off their Hands; whence they can have Reason for this, I cannot imagine. Fifty, nay forty Years ago, I have heard that the Molosses were all wasted in Jamaica. They produced fine Sugars may Years before they made any Rum, and were taught at last by the Barbadians to make Rum, even better than their own. The Northern Colonies used to take all that they produced at first, but when they excelled in the Goodness of that Commodity, and found that it would answer to send it to England, they raised their Price so high, that very small Quantities are taken from thence by the Northern Colonies, yet they want not a Vent for all that they can produce; and I am well assured, that if Jamaica were now to be hindered or restrained from importing Rum or Molosses into Great Britain, or any other of his Majesty's Dominions, that they would notwithstanding such Restraint, have Vent for their Rum; and that there would not be one Drop less made, nor one Gallon of Molosses wasted, more than now is. The Dutch would be glad to carry it to Holland, if it were but a very little cheaper than it generally is in Jamaica. It is not an unusual Thing for the homeward-bound Ships in Curasoa to take in Proportion to the Price of Rum from three or four; to twenty Puncheons of Kill Devil, as they call it. I have known vast Quantities of Rum there at a time, as well as Sugars, from the English, French, and Dutch Islands, and the Island of St. Thomas. There are many Ships of vast Burden there frequently, and they are glad of Sugars, or indeed whatever will answer in Holland, to fill up; and if we were weak enough to suppose that the French would waste their Molosses now they have learnt (tho' God knows they knew before we did) how to extract a Spirit from Molosses, we should be as much deceived as those Gentlemen are, who think they could not be supplied with Cattle or Lumber but from our Plantations. During Queen Anne's War they made Rum in Martinico, for I have tasted it on Board of more than one Martinico Prize during that War, and they then found Cask for their Sugar, Rum and Indico, &c. In the Year 1713, or early in 1714, when I believe that Island had never received any of our Northern Lumber, but such as they had taken as Prize during the preceding War; then was I told by several Gentlemen of that Island, that notwithstanding that long War, they had increased their Plantations, Numbers and Produce to such a Degree, that they then employed three Times the Quantity of Shipping that they could before that War. At Fort St. Pierre, and Fort-Royal, there was then above sixty Sail of Ships, some of them of forty Guns, and all Merchantmen; even then there was a good deal of Wood upon the Island; and I have seen many Hundreds, I believe many Thousand of Tierces, made of the Wood which grew on the Island. I have seen the Coopers making them, and if that Island is now cleared, surely they would make free enough with Dominico, St. Lucia, and St. Vincent; as they hitherto have done for Mill-Wood, and their principal Timber, &c. Whereas if we were to exert our selves, as I believe we have a Right to do, and hinder them, have not I shewn where they could have enough? But the Danger of their encreasing upon our Backs in America ought to be of some Moment in our Considerations on this Affair, as well as the Increase of their Shipping and Navigation, which, in Case of any Rupture between the Crowns, would make them more formidable by Sea, where only we have any Reason to value them. In the last mentioned Year a Person of my Acquaintance bought several Hogsheads of Rum in Martinico, as well as Sugar, and carried them to Curasoa. The Rum he bought for six Sol's, which was not 4d. Sterling per Gallon; for a Pistole then, and I think now is, 16 Livres: However so it was, and continued from 1713, to 1716, to my Knowledge, Then too were great Quantities of Money sent from Barbadoes to Martinico, and much greater Quantities brought back from Martinico for it: For as Money went by Tale among the French, and by Weight with the English, all the light Money was carried from the English, and the heavy brought from the French. I have received a good Pistole or Lewis d'Or there in Exchange for 32 Ryals, which I am sure did not weigh two Ounces; so that I am not so much surprized to hear, that that Island wants Money, and insists on Part Money, when they sell their Sugars, as I was then at their Weakness; and indeed if I had ever expected any Complaint against that Trade, I should have thought that our own People should have been the last to have made it. The Trade we carry on there is against their Laws: The Governor there, it is true, hath a Power to admit of Necessaries being imported, at the Request of the Inhabitants; but if he were not constantly bribed by our People, he might see more clearly, and act more for the Good of his Countrey. Monsieur Du Quesne, who succeeded General Phelipeaux in the Government of that Place, knew the Interest of his own Countrey very well; yet he was better satisfied that Englishmen should bring Mules to that Island, for every one of which he received 100 Livres, than if their own People had done it, where he could have got nothing at all. Are there any of our People trade there without bribing the Governor? No, not one: Yet after all these Bribes paid and included, I can purchase forty Thousand Pounds of Sugar there for less Money, or less Goods, than I can in Barbadoes, or any of our own Islands; and, if permitted, could bring them to England, and afford them 20 per Cent. cheaper: But as I cannot do that in England, being restrained by Law, I carry those Goods to Holland, or Hambourgh, or Spain, or Portugal or North America, and there can actually gain 20 per Cent. more than I could have done, had I purchased them in Barbadoes. Why, say some People, "This is what we have been proving, and would have you believe this is a real Detriment to England. Had not the Englishmen better sit still, than carry Frenchmens Goods, though they get 20 per Cent. more by them than they can by their own, and leave the French to carry their own Goods themselves? They are able enough, we warrant you, and will soon be used to it. We, with the Assistance of the other Islands, can supply Great Britain, and the Plantations with all they want; though lately indeed we have proved, that the Northern Colonies have taken above half their Rum and Molosses from the French and Dutch, and all that we made besides, except what Rum we sent to England. Now notwithstanding we have really made as much Rum, Sugar, and Molosses upon the Island of Barbadoes, as is possible we ever can do again, because there's not a Foot of Ground unimproved in the whole Island. And though all the other of our Islands have produced as much Rum and Molosses as they were able to do, not wasting a Drop of either, and the Northern People took off all that too, and as much more of the French and Dutch, yet we can supply them ourselves; tho' we prove we all cannot, or have not, produced so much by one half as they have taken, and will want." Another Thing hath been advanced which shews equal Strength, namely, that it is a Damage to this Kingdom to purchase Sugar at Martinico, especially with Money. I will suppose that an English Ship hath delivered a Cargoe in Barbadoes, for which her Merchant hath received 4000 Pounds; Sugars are so dear at Barbadoes, he will rather bring the Money home to England, than lay it out in a Commodity, when he apprehends that he shall lose by it; therefore so much Cash which, I will suppose, comes safe home, adds to the Kingdom 4000 Pounds. Another Ship and Man I will suppose under the same Circumstances at Barbadoes; but being informed that Sugars are cheap at Martinico, with his 4000 Pounds goes thither and purchases Sugars; which as he cannot come to England with directly, he carries to Holland, where Sugars are never much dearer, or much cheaper than in England. I will ony suppose in this Case, that he bought his Sugars 10 per Cent. cheaper than he could have done at Barbadoes, which will be sufficient to pay Freight: When in Holland he finds, after deducting 10 per Cent. which will pay his Wages, and Wear and Tear for his whole Voyage, he has just 4000 Pounds left, which he brings to London. Pray, who maintained this Ship the whole Voyage? Certainly the Dutch. And who the other, but the English? When I see and hear Propositions which are self evident, controverted and denied, and Impossibilities advanced for Truths. When a Gentleman tells Mr. Britain there are two Places between the Tropics equally distant from your Kingdom, one is inhabited by Mr. French, and the other by Mr. English; they produce the same Commodities, and equal in Goodness. I know you have taken off all Mr. English's Produce for many Years, and when you have had more than for your own Use, you supplied Mr. Holland, who, I have heard you say, paid you very honourably; and that you gained very well by him, he having paid the whole Charges you were at in bringing home, and carrying to him such Produce, which maintained a very great Number of your People very handsomly. Mr. French hath offered to sell you his Produce 30 per Cent. cheaper than Mr. English does, and you may send it to Mr. Holland more directly than you used to do, nay for a great deal less Charge and Expence; and tho' I know he would give you just as much for one as the other, you had better take Mr. English's: Tho' I allow, Mr. Britain, you might get 40 per Cent. more in one Case than the other; yet it is your Interest to trade with Mr. English only, tho' you might get more by 40 per Cent. by Mr. French, and take off all Mr. English's Goods beside. This, I say, hath been maintained, and it remains a Doubt with some, as they say, whether Mr. Britain ought not to do as he is advised; tho' at the same Time too he is well assured that Mr. French designs to undertake that Business himself, and will, in that Case, be always able to undersell him, with Mr. Holland. Yes, there are People who say that Mr. Britain should not take any of those Advantages offered by Mr. French, tho' the Thing is demonstrable, that if he doth not, he will, in a little Time, lose all his Business with Mr. Holland, and be in Danger of wanting such Goods for his own Use and Consumption. What would any one think of Mr. Britain, if by such fine Argument he was persuaded to take their Advice? Why, that he was a Fool, or a Dotard. Yet this is all that they have to say. I have so plainly shewn how the French have been supplied with Lumber and Cattle, that I persuade myself, that no Person acquainted in the least with that Part of the Globe, and the Trade thereof, will say, that any Thing which I have advanced, with Regard to their being supplied, for the future, from the Places, and in the Manner I have mentioned, either impracticable, or so much as improbable. I have set forth the Danger of our putting them under the Necessity of improving their Settlements in the Bay of Apalachy and Mississipi; how dangerous the Encrease of their Shipping and Navigation will be to us; the real Damage it will be to us, to lose the Employment of all the Shipping which we now employ in that Trade; or, what might be as properly said, lose the Employment of Twelve or Fifteen Thousand Tons of our Shipping, which the French now pay us for. Is there any one will say that they do not? That would be as absurd as to deny, that Spain doth employ an English Ship, in the following Case: Sen. Don Diego Cadiz acquaints Mr. John London, that he wants Long-Ells, Broad-Cloth, Druggets, Callimancoes, Bays, Fish, Tin, Lead, Wheat, &c. to the Quantity of 500 Tons; and lets him know what Commodities he proposes to pay him with, namely, Wine, Oyl, Cochineal, Wool, and Pistoles, &c. We are to suppose, Mr. London knows the Price current of all these Commodities, in Spain as well as in England; and seeing there's a great Probability of Advantage and Gain to be made, he sends a Ship of proper Burthen, for which, as it is his own Ship, he charges 30 Shillings per Ton Out, and as much Home. When the Spanish Cargoe arrives here, and is disposed of, he finds, after Freight, Commissions, and all other Charges are paid and allowed, he hath neither gained or lost by the Neat Proceeds of this Voyage: But the Freight, tho' it may not be called all clear Profit (yet, supposing and allowing the Maintenance of all the Men which mann'd the Ship, and the Wear and Tear of the Ship included, in the constant Expence of our Nation) I say, that whole Freight would be clear Gains to he Kingdom, viz. Fifteen Hundred Pounds, which undoubtedly we received from Spain. Hence Spain may be properly said to have employ'd an English Ship: Whereas, if just the contrary had happened, that Spain had been the Carrier and Adventurer, had not we paid them the Fifteen Hundred Pounds. I will now suppose, that the Gentlemen of our Sugar-Colonies were indulged, and that a Restraint was laid upon all our Shipping trading to the French Colonies, on any Pretence whatever. If the French could produce as much Sugar as they used to do, and send it all to Europe, which, I think, no Body will doubt would be the Case; and that they would send just as much more than they used to do, as our Northern Colonies took from them, and consequently encrease their Shipping on that Score too; they would, in that Case, influence the Markets, or Price of Sugars in England, just as they have hitherto done: For I will defy any Regulation in England, or our Plantations, to persuade Hambourgh, Amsterdam, or Cadiz, to give us more Money for our Sugars, than they will give the French for theirs, while equal in Goodness. Hence, while our Sugar-Colonies produced any Quantity of Sugars more than these Kingdoms and our own Plantations in America consumed, the Prices of Sugar in Europe would not be affected thereby, and consequently not in these Kingdoms, because there is so near a Proportion in the Prices of all Commodities between us and our trading Neighbours: And so far, I confess, I am not able to perceive any Advantages these Gentlemen propose, either to themselves, or to this Kingdom. As far be it from me to suppose they imagine, that as the Consumption of that Commodity is so much encreased in these three Kingdoms, and the Northern Colonies in America, that, communibus annis , we might take off, or be in Want of all that they produced, for our own Use. In that Case, they would have it in their Power to make us pay them their own Price, or be under the Necessity of buying from the French in Europe; for when we have no other Market to go to, may they not serve us just as a famous trading People are reported to serve the World? That is, they let them have just as much Spice as they perceive they consume in Proportion to the Demand of the Consumers: If they have great Quantities remaining, they will rather burn and destroy them, than sell under what they themselves call a good Price. I say, I would not so much as suggest that any Gentlemen could have any such Design; but I would reckon and esteem those People extreamly weak and imprudent, who put it in the Power of any Body, or Colonies of People, to serve them so; and more especially when they, the Parties, seem'd so sollicitous about it themselves. The Northern Colonies would be under the Necessity of paying them whatever they demanded for their Sugar, or be obliged to send to Europe for all that they wanted: And tho' those very Colonies took from our own Sugar Islands all the Rum and Molosses they produced, and tho' one Town in one of those Colonies took at least Ten Thousand Tons of Rum and Molosses, the Produce of one French Island, namely, Martinico, together with the vast Quantities of the same Commodities that were the Produce of Surinam, Guienne, Guadalupe, Granado, Cape François, &c. that were imported there, and to all the other Colonies, all of which was but equal to their Consumption and Demand; yet these People in the Northern Colonies, in this Case would, according to the Opinion of those Gentlemen, be deprived of above one Half of those Commodities, which, by such long Use, are become absolutely necessary for them, in carrying on their Indian Trade and Fisheries, two of the most valuable and profitable Trades to this Kingdom, beside what is used in those Plantations where they produce Rice, Pitch and Tar, Tobacco, Wheat, &c. in all which, it is the Interest of this Kingdom that they be produced so cheap, that we may supply other Nations with those Commodities, whereby this Kingdom will reap the whole Profit and Advantage. Now, as the Gentlemen of the Islands would have these People in the Northern Colonies entirely dependent on them, and as they are sure they can have none of these Things from any other Quarter, might there not be some Danger, if these Gentlemen were not Men of nice Honour, that they would make the Northern People pay extravagant Prices, perhaps twice as much as they now do, which might entirely destroy the most profitable Trades we now carry on? I will defy any Person to prove that such a Restriction could have any other Effect, than to enrich the People of our Sugar-Colonies at the Expence and Loss of the Trade of this Kingdom, and the Destruction of some, if not many of our Northern Trades and Colonies. What these Gentlemen have done to raise such Expectations as they seem to be possess'd with, I cannot imagine; but whatever Kindness may be intended them, I hope that the People in the Northern Colonies, who are as useful Subjects, will not be distressed, to aggrandize the most wealthy, most opulent, and gayest People in His Majesty's Dominions, even very few about his Courts excepted; nor the Publick Revenue lessened, nor our Trade contracted, to encrease that of our greatest Rivals, while we have or inherit the Name of Britons. The Gentlemen of Barbadoes could not perhaps have taken a more improper Time to complain of any Hardships, as they have imported no less into the Port of London in the Year 1730. than 17077 Hogsheads and 256 Barrels of Sugar from that Island only, beside the Quantity imported to the Out-Ports, which I will only allow to be one Third of the Hogsheads imported to London, viz. 5692 Hogsheads, in all 22769 Hogsheads, each Hogshead Weight in Barbadoes 13 Hund will amount to 295997 Hund. which at 1l. 3s. per Hund. in Barbadoes, must amount to 340391l. 11s. no inconsiderable Sum, when we consider the Smallness of that Island, which is not much bigger than the Isle of Wight, and the Number of People (which the Gentlemen of that Island assure us are very few) amongst whom this Sum is to be divided. But when we consider that all this is clear Profit, because those very Gentlemen have already proved before the Honourable Committee, that the Rum and Molosses pays all the Charges of the Plantation; and if we farther allow what we reasonably may, that but one twentieth Part of their Sugar was taken off their Hands by the Northern Colonies, the whole Amount of their Profits in the Year 1730. only, comes to 360306l. 18s. a Sum so prodigious when considered as clear Profit, that it may seem incredible whenever it shall be related, that a few People (very few as they themselves say) were so bad Oeconomists, that they could not live upon such a mighty Income, but petitioned like People in Distress and under the greatest Calamities, for the Means of getting more, from a People unacquainted with their Luxury and Excess, from a People who work and labour hard for their Living, from a People who have but few, if any Slaves, who inhabit Soils less fruitful, who are obliged to be Oeconomists or starve. Yes, such has been the monstrous Effect of the Luxury and bad Oeconomy of some People, that they have been intoxicated to so great a Degree as to persuade themselves, that for only asking they could oblige those who used not only to take all the Commodities they produced off their Hands, but were under the Necessity of taking from others to supply themselves, not to take for the future any such Commodity from any other, whereby they might be capable of making them pay double the Price for all Things which they produced, and the other wanted; the real Consequence of which would be, that the People on our Sugar Islands would get more Money for their Rum and Molosses and Sugar than they used to do. But who would they get it from? Either from our Northern Colonies, or England, or both. If that be the Case, as it undoubtedly is, how shall we be able when they have advanced upon us, to supply those Markets we now supply so cheap? But if we are by this Means to have no more than will just supply our selves and the Northern Colonies, where will the Advantage be to this Kingdom to pay more for their own Consumption? Or what Reason can be given why we should oblige the Northern Colonies to pay more for their Consumption, which in Effect would be taking from the Northern Colonies to give to the Sugar Colonies; none of which could tend to increase the Trade and Navigation of this Kingdom, but on the contrary that Number of Men and Quantity of Shipping now employed to the French and Dutch Sugar Islands (supposing all other Trades sufficiently supplied) would be useless; the King and this Kingdom would lose the Duty, Custom and Excise of a proportionable Quantity of these Commodities, as there could not possibly be so much imported here. From what hath been said, I would persuade myself that few who read this will want to be convinced, as I really am, that there is no Occasion for any other Regulation in this Trade than that which I proposed about permitting our Sugar Colonies to carry their clay'd Sugar directly to any Part of Europe South of Cape Finisterre: And if a small Duty not exceeding 5l. per Cent. were laid on all French Goods permitted to be imported into any of our Colonies, and that Money so arising which I would have applied as a Bounty for the sending of Hemp and Flax from them to us: I say such a Duty upon French Goods, together with the Bribes given to Governours, &c. could not make them be afforded cheaper than our own, unless the French could produce much cheaper than our People; and if the last be the Case, we must not long think to supply those Markets, which they can as conveniently do. We have all Sorts of Materials for carrying on of such Business cheaper than the French; namely, Slaves, Provisions, all Manner of Plantation Utensils, Cattle and Lumber; and as we navigate cheaper, our Islands can send their Goods cheaper to Market than any other People can. Is it not owing to our producing Tobacco so cheap, that we sell above 30000 Hogsheads every Year over and above our own Consumption? What is this owing to? Not the Excellence of the Commodity only: Other Countries produce Tobacco which will sell for more Money; but we produce so cheap, and navigate so cheap, that I have great Reason to think if we go on but a little while longer at the low Price it hath held at for some few Years past, that other People will drop that Produce, and we may do in Tobacco what we once did in Sugar, namely, beat out all others, and make them decline the Production of that Commodity; this being once accomplished, as there is some Hopes, the Tobacco Trade will again flourish. I have Reason to be of Mr. Gee's Opinion, who says Page 45, in his Book of the Trade and Navigation of Great-Britain considered: "Our Planters are so far from being concerned at the Decay of our foreign Trade, that they have complained too many Sugars were made; and we may conclude will make what Interest they can with their Governors and others, to prevent their making and settling any new Plantations: If they can supply enough for Home Consumption at a great Price, it answers their Purpose. The Island of Barbadoes is very much worn out, and does not afford the Quantity of Sugars as heretofore; and yet the Planters live in great Splendor, and at vast Expence, while the French, under the Remembrance of their Poverty on their first Settlement at Hispaniola, continue to live very frugally, and by their Labour, Industry and Fertility of their Soil, are able to undersell us. The only Places we can think of where we may enlarge our Sugar Plantations are Tobago." To which I would add too the Island of Santa Cruz, which is equal to it at least. The whole Chapter whence I extracted this Part I think deserves as much Consideration as any Part of his whole Book, wherein is contained many just Observations on Trade; and tho' I cannot be of Opinion with him, that the south Parts of Carolina and the Bahama Islands are proper Places for Sugar, because I have been acquainted with the Success of several Experiments there, yet I think the farther settling of the Island of Jamaica to be of the highest Consequence to this Kingdom, which if we neglect, we shall be in Danger to be beat quite out of all foreign Trade by the French: And by that Means the Planters, who shall then remain in our Islands, may make us pay just what they please for their Produce, which seems to be their only Aim by the Petition. The Remonstrance of these Gentlemen, with Regard to our Northern Colonies, taking and using French Silks and French Linnens, looks as if they were resolved to render them as odious to this Kingdom, as they already are to the Gentlemen of our Islands. As in all Informations where the Prosecutor is principally concerned in the Consequence, it is generally known, that as far as his own Word will be taken, he seldom fails of making out all he complained of; but by the Happiness of our Constitution, we very often have the Chance of obtaining an impartial Jury, who are to be Judges of Facts, as well as the Credibility of Evidence. Now if a declared Enemy will come and tell a Jury, "Gentlemen, the People in the Northern Colonies in America wear principally French Silks and Linnens; though they can have Silks and Sattins, Callicoes and Muslins, of the Manufacture of India, at least 30, if not 50 per Cent. cheaper than they can have the French Goods: Nay so fond are they of French Linnen, tho' they make Linnen worth 7s. per Ell themselves, that they will wear only French Linnen". Now what impartial Jury, who knew New-England-Men especially, could believe this? A Place where the richest Men follow Business closely, where Industry is principally regarded, where the Luxurious and Effeminate are discountenanced; a Place generally hated by the riotous and debauched Part of Men, because of their rigorous Laws and Customs; a People parsimonious to a Proverb: I say, were this to be related to a Jury of their Vicinage, they might think too much was proved, and shake their Heads at the Informer. If any of these Gentlemen will acquaint the Legislature with any more effectual Means to prevent the Consumption of any foreign Manufactures, either here or in our own Plantations, or shew that sufficient Care is not already taken to prevent such Abuses, as far as the Reason and Nature of the Thing requires, he may do a real Service to this Kingdom, and will then truly deserve the Thanks of every Briton.

Economy

REMARKS Upon a BOOK, Entituled, The Present State of the Sugar Colonies considered, &c.

Remarks upon a book, entituled, the present state of the sugar colonies consider'd

EcB1641

And First, Strength. WHether it doth not much increase the strength of the Kingdom with Mariners, Warlike Shipping, Ammunition, and all Necessary Arts-men thereunto belonging. Whether it doth not greatly increase the General Traffique of the Kingdome, not onely as it is a very ample Trade of it self between England and the Indies; but also as it is an ample Staple or Magazine of many rich Indian Wares to send from hence into other Foreign Countreys. THE Trade to the East-Indies some few years past, when we had War with the Portugals, did employ Fifteen thousand Tuns of Shipping all at once, either going or coming, or Trading there from Port to Port; but since (upon good experience) we find that so great a Charge is neither necessary for our defence; nor comportable by the Benefit of the Traffique, untill some further Discoveries may be made in China, or elsewhere, as is hoped: Nevertheless, (according to the present times) there may be imployed and maintained Eight thousand Tuns of great and warlike shipping, besided two thousand Tuns more here in the Kingdome continually repayring for the next supply of those Voyages. THis Trade as it is thus great in it self; so doth it yet further enlarge our Traffique and strength, by furnishing this Kingdom with all sorts of Indian Wares, not onely for our own use, but more especially for the necessary wants of Forreign Nations, which hath greatly encreased the number of our Warlike Ships, to export them from hence into Turkie, Italy, the East Countries, and other places: For proof whereof we instance some formertimes, when we have brought into England above eight thousand baggs of Pepper from the Indies in one Year (and may do so again if the Trade subsist.) Where this Kingdom doth not consume above one thousand and three hundred baggs per annum at the most; So the rest are Transported into Forraign Countries: And the like may be said for Callicoes, Indigo, and some other Indian Wares. ALL which Additions of Shipping unto our fomer strength by Sea before this Trade began, do imploy many of His Majesties Subjects in sundry Arts to build and repair the said Ships, together with the making of Ordnance, Muskets, Powder, Shot, Swords, Pikes, Cordage, Canvas, and other necessary Ammunitions and Provisions thereunto belonging; besides a multitude of Mariners, whereof many of them are Shipped from hence. Landmen, or such as were not formerly used to the Seas, but are bred and made good Mariners by these Voyages, which otherwise at home (being without Arts or maintenance) are a heavy burthen to their Friends and Country. AND if it be Objected, that this great encrease of Shipping which is here declared, is not always in the Kingdom upon Occasion of Service, the Answer is. That neither are the Ships of any other Merchants here at home, but some are going, some are coming, and ever the least part are in the Kingdom; yet still wheresoever they are, His Majesties Subjects have by them their imployment and maintenance, and the Kingdom as well as the East-India Company have had their Service: For how famous are their exploits in all Nations? How many rich Carracks have they sunk and spoyled? How many assaults of Spanish Gallions have they withstood and spoyled? What slaughter of their Souldiers, sack of their Towns, subversion of their Trades, and such like Honourable Actions have they performed? And all with little loss of Ships or Men? It would require a large Discourse, to declare the particulars: Neither doth the East-India Company commonly want two thousand Tuns of Shipping or more here in the Kingdom, which are either in building or repairing, together with all their Ordnance and other Warlike Furniture, besides their Store-Houses and Dock-yards, plentifully provided with Timber, Planck, Cordage, Powder, Shot, and many other necessary Ammunitions both for themselves, and often-times to help others, with such Provisions as cannot elsewhere be found for money in this Kingdom. THere is yet one common Objection, but it is so weak that it scarce deserves an Answer, which is, that this East-India Trade destroys our Shipping and Mariners, when clean contrary to this we have already shewed the great encrease of both; and if Men dye in these long Voyages, and Ships by length of time be laid up, either here or in the Indies, yet what's all this but Natures course? And that which happens here at home in oure nearest Trades, although with far less noyse and notice: How many brave Commanders have we bred from mean degree? (whereof divers are still in our Service) some at this present are found worthy of good places in His Majesties Navy, others (being grown Rich) do either keep at home, or follow shorter Voyages; but leaving these Advantages, we do Answer all with this, That whatsoever is pretended in the decay of Shipping, or death of Men, yet notwithstanding the Kingdom, by this Trade hath obtained no less increase or clear addition both of the one and the other, which continually subsist and Are in Action, than is before declared. Wealth. Whether it doth not increase the general stock and wealth of the Kingdom. Whether it be not a means to save the particular Subjects much money yearly in their ordinary expences upon all sorts of Indian Wares. Whether it doeth not much increase His Majesties Customs and Imposts in the yearly Revenue. Whether it is not a good means to improve the price of Lands, Wools, Tin, Iron, Lead, and other the Native Commodities of this Kingdom. Whether the King and the Kingdom (also) have not gotten much by this Trade, even in this late disastrous times, when the Adventurers have lost great matters. HEre we have five Quæres which must be all proved severally; the first is general, wherein we must consider how the whole Kingdom may be inriched by our Commerce with strangers, the which to perform, although it hath one and the same Rule in all the particular places of the Trade, yet is not every Country alike profitable to this Common-wealth, for the remotest Traffique is always most beneficial to the publick Stock, the Example may be framed thus. The places of our remotest Traffique are most profitable to the Commonwealth. Suppose we therefore, that Pepper were constantly worth 2 shillings the pound here in England, if we should then fetch the same from Holland, the Merchant may pay there to the stranger twenty pence the pound out of this Kingdoms stock, and gain well by the bargain; but if he fetch this Pepper from the East-Indies, he cannot give there above five pence the pound at the most to obtain the like gain, when all charges are considered; which doth sufficiently shew the great Advantage we have to buy our wares in those Remote Countries, not onely for that part alone which we spend and consume, but especially for that great quantity which from hence we Transport yearly into other Countries to be sold at higher Price than it is worth here in England; Whereby it is plain, that we make a far greater Stock by gain upon these Indian Commodities, than those Nations do where they grow; and to whom they properly appertain, as being the Natural wealth of their Countries: We may grow rich in Trade by the Stock of other Nations. Neither is their less Honour and Judgment by getting Riches in this manner, upon the Stock of other Nations, then by an industrious increase of our own means, especially when this latter is advanced by the benefit of the former, as we have found in the East-Indies by Sale of much of our Cloth, Lead, and other Native Commodities, the vent whereof doth daily increase in those Countries, which formerly had no use of our Wares, but for the better understanding of that which hath been said, we must not forget to distinguish between the gain of the Kingdom, and the profit of the Merchant. Cloth and Lead vented in the East-Indies. A distinction between the gain of the Kingdom and the profit of the Merchant. For although the Kingdom pay no more for this Pepper than is before supposed, nor for any other Commodity bought in Forreign parts; more than the stranger receiveth from us for the same; yet the Merchant payeth not onely that price, but also the fraight, ensurance, Interest, Custom, Impost, and many other Charges which are exceeding great in these long Voyages; but yet all these in the Kingdoms account are but commutations among our selves, and no privation of the publique stock, they remain still in the Kingdom. NOW, concerning that which every particular Subject of the Realm saveth in his Ordinary expence of Indian Wares, it is manifest that heretofore when we brought Indico from Turkie, that sort was ordinarily sold here for seven shillings the pound or more, which now we sell for five shillings the pound and under: Pepper then ordinarily at three shillings, and three shillings four pence the pound, which now is sold by the East-India Company for 18. pence the pound, with long time also given therewith for payment, and so likewise of divers other wares, but for Cloves, Maces, and Nutmegs, they are at very dear prices, because the Hollanders having expelled our people from the Islands of the Moluccoes, Banda, and Amboyna, do still keep us by force from the trade of those Spices: The Hollanders ingrossing of Cloves, Maces, and Nutmegs, have made them exceeding dear. In which wares, when we enjoyed the freedom in the Indies that unto us belongeth, we sold those Spices at low rates: But as the Dutch have raised the price of these Commodities, so would they much more inhaunce them and all other the rich Wares of those Countries, if we should abandon or be basely driven from the Trade. THE next Quære needs but little proof, for who can truely say that his Majesties Customes and Impost are not multiplyed, when the Traffique of this Kingdom is so much encreased: onely this we will affirm, that if the Trade to the East-Indies were so well encouraged that it might be effectually followed, it would yearly bring to his Majesties Coffers much more than now it doth. THE next Quære concerns the Kingdom neerly, for it is no small worth to improve the price of Lands, which never hath nor can be done, (to the common benefit) but by the prosperous successe of our forraign trade, the Ballance whereof is the onely means and rule of our treasure: The ballance of our forraign trade is the true rule of our treasure. that is to say, when either by issuing out of the Realm yearly a greater value in Wares then we consume of forraign Commodities we grow rich, or by spending more of Strangers goods than we sell them of our own, we are impoverished; For the first of these courses doth bring in the money which we have, the last will carry it away again when we have got it. It is a true saying that plenty or scarsity of mony makes all things dear or cheap in a Common-wealth, but it is necessary to distinguish the seeming plenties or money from that which onely is substantial and able to perform the work; For there are divers wayes and means to procure plenty of money into a Kingdom, (for a short time) which do not therefore inrich, but rather impoverish the same, by the several inconveniencies which ever accompany such alteration. FOR first, if we should melt down our Plate into Coyn, which suits not with the Majesty of so great a Kingdom, except in cases of great extremity, it would cause plenty of money for a time, yet should we be nothing the richer, but rather this Treasure being thus altered, is made the more apter to be carried out of the Kingdom, if we exceed our means by excesse in forraign wares, or maintain a War by Sea or Land, where we do not feed and cloath the Souldier, and supply the armies with our own native provisions; by which disorders our Treasure will soon be exhausted; for it is not the Merchants exchange by bills that can prevent the least of these evils, as some have supposed. Treasure which cannot long remain with us. Again if we think to bring in store of money by suffering forraign Coynes to passe currant here at higher rates then their intrinsick value, compared with our standard; or by debasing, or by inhauncing our own monies (as some men have projected) all these actions bring their several inconveniencies, and notable ruines, as well to the King, as to his Subjects, of which we omit to enlarge, (because it is not much pertinent to our cause in hand) but rather admitting that by these courses, plenty of money might be brought into the Realm, yet should we be nothing the richer, neither can such treasure (so gotten) long remain with us, for, whether it be the stranger or the English Merchant that brings in this money, it must ever be done upon a valuable consideration, either for wares carried out already, or after to be exported, which helps us nothing except the evil occasions of excesse or War aforenamed be removed, which will exhaust our treasure; for otherwise, the money that one man bringeth in for gain, another shall be forced to carry out for necessity, because there shall ever be a necessity to ballance our account with Strangers, although it should be done with great losse upon the rate of the money which is exported, and peril or confiscations also, if it be intercepted by the Law, for necessity or gain will ever find some means to violate such Laws. The great increase of strangers inhabiting here, doth impoverish this Kingdom, and begger our poor by depriving them of their Arts, and manufactures, raising the price of Corn, victuals, Rents and the like. BUt if it should be objected that the price of our Lands are not improved onely by Treasure gained in our forraign Trade, but also by a great increase of people, whether they be natives or strangers, or both: The answer is, that the first of these wayes doth perform it to the (common benefit) and the latter to the inriching of the Landlords only by a manifest impoverishing of the Kingdome: For our experience in one particular doth teach us, that of late years we are grown so populous, that we can spare no corn to transport into forraigne Countries, but sell it all here to serve our own wants at dear rates, which formerly when it was much cheaper imployed many ships and marriners to export it unto strangers, and thereby returned us store of Treasure, which great benefit to the Kingdome is now lost. And as hereby the exportation of our native Commodities is much diminished, so our consumption of forraigne Wares is as much increased, which is a double means to impoverish this Kingdome. Treasure that doth remain with us inrich us, and doth improve our Lands. THe business then is briefly thus, that as the treasure which is brought into the Realm by the ballance of our forraign trade, is that money which onely doth abide with us, and by which we are inriched, so by this plenty of money thus gotten (and no otherwise) do our lands improve, for when the Merchant hath a good dispatch beyond the Seas, for his Cloath, and other our native wares, he doth presently return to buy up the greater quantity which raiseth the price of Wools, and other Commodities, which doth improve the Landlords rents, as the Leases expire dayly; and also by this means money be gained and brought more abundantly into this Kingdom; it doth inable many men to buy Lands which must make them the dearer: but if our forraign Trade come to a stop or declination by neglect at home, or injuries abroad, whereby the Merchants are impoverished, and so the Wares of the Realm lesse issued, then do all the said benefits cease, and our Lands fall of price dayly: whereupon we conclude, that as the flourishing estate of our general Trade is the only means to make our Lands improve, so the particular Trade to the East-Indies, is a principal instrument therein, because (as we have already proved) it hath so much increased the Traffique of this Kingdom. THE next Quære seems to be a mystery which many of our Adventurers do not well understand, for (say they) how can the Kingdom gain by this Trade, when we who are the members thereof, have lost so grievously? they do not well discern that their private losse may be far lesse in proportion, then the publick benefit, as we shall instance some example to make the business plain. The degrees of gain in forraign Trade. IN the course of forraign Trade, there be three sorts or degrees of gain, the first, that of the Common-wealth, which may be done when the Merchant (who is principal agent therein) shall loose. The second is the gain of the Merchant, which he doth sometimes justly and worthily effect, although the Common wealth be a looser. The third is the gain of the King, whereof he is ever certain even when the Common-wealth and the Merchant shall be both losers. COncerning the first of these, we have already sufficiently shewed the wayes and means whereby the Common-wealth may be inriched in the course of Trade, by the ballance of the same, when excesses are avoided; therefore it is needlesse here to make any further repetition: only we do in this place affirm, that such happiness may be in the Common-wealth, when the Merchant of his particular shall have no occasion to rejoyce. As for example, suppose the East-India Company should send out one hundred thousand pounds in Wares or money into the East-Indies, and receive home for the same, the full value of three hundred thousand pounds, hereby it is evident that this part of the publick stock is trebled, and yet we may boldly say, that which we can well prove, that our said Company of Merchants shall be losers by such an adventure, if the returns be made in Spice, Indico, Callicoes, Benjamin, refined Salt Peter, Cotton yarn, and such other bulkey wares in their several proportions, according to their vent and use in these parts of Europe: for the fraight of shipping, the insurance of the Adventure, the charges of Factors abroad, and Officers at home, the forbearance of the Stock, his Majesties custome and imposts, with other petty charges incident, will be above two hundred thousand pounds, which being added to the principal produceth losse, and thus we see that not onely the Kingdom, but also the KING may get very much, even when the Merchant notwithstanding shall loose in his proportion, which giveth good occasion here to consider how much more the Realm is inriched by this Trade, when all things passe so happily that the Merchant is a gainer also, together with the KING and this Kingdom. The King and Kingdom may get by Trade, even when the Merchant loseth. BUt for the better explaining of that which hath been already alledged, we must understand, that if the said hundred thousand pounds should be trebled by the return of so much Silks and other fine Wares out of the Indies, then the Merchant likwise should receive good gain by such an adventure; and the reason is, because this great wealth would require but five hundred tunne of shipping to lade and bring home the same, which is but a very small charge in respect of four thousand tunns of shipping, which would be required to lade home the like value in the bulky Commodities of Spice and the like, which are afore- written. THE second sort of gain in the course of Trade is, when the Merchant by his laudable endeavours may both bring in, and carry out Wares to his advantage, by buying them and selling them to good profit, which is the end of his labours: Yet nevertheless, the Common wealth shall decline and grow poor by a disorder in the peole, when through pride and other excesses they do consume more forraign Ware in value, than the wealth of the Kingdom can satisfie, and pay by the exportation of our own Commodities, which is the very quality of an unthrift, who spends beyond his means. THE third sort of gain is the Kings, who is ever sure to get by Trade, when both the Common-wealth and the Merchant shall lose severally, as afore-written; or jointly, as it may and doth sometimes happen when the Merchants success is bad, and when our Commodities are over-ballanced by forraign Wares consumed, but if such disorders be not prevented, his Majesty in the end shall be the greatest loser, when his Subjects be impoverished. Safety. Whether it be not a means greatly to weaken the King of Spain and his Subjects, and to exhaust their Treasure. Whether it be not a means to Counterpoize the Hollanders swelling-greatness by Trade, and to keep them from being absolute Lords of the Seas if they may drive us out of this rich Traffique, as they have long endeavoured to perform. THE safety of the Kingdom consists, not onely in it's own strength and wealth, but also in the laudable and lawful performance of those things which will weaken and impoverish such powerful Princes, as either are, or may become our Enemies; Amongst which we will now rank the Spaniard in the first place, who being enabled by the power of his Indian Treasure, not onely to keep in subjection many goodly States and Provinces in Italy, the Low-Countries, and elsewhere, (which otherwise would soon fall from his obeysance) but also by a continuall War taking his advantages, doth still enlarge his Dominions, ayming at nothing more than the Monarchy, by this plenty of his money, which are the very sinews of his strength, that lye so far dispersed into so many Countries, yet hereby united, and his wants supply - both for War and peace in a plentiful manner from all the parts of Christendom, which are therefore partakers of his Treasure by a necessity of commerce, Wherein the Spanish policy hath ever indeavoured to prevent all other Nations the most it could; Spanish Treasure is exhausted by a necessity of commerce. For, finding Spain to be too poor and barren to supply it self and the WEST-INDIES, with those varieties of forreign Wares, whereof they stand in need, they knew well that when their native Commodities come short of this purpose, then their monies must serve to make up the reckoning; whereupon they found incredible advantage by adding the Traffick of the East-Indies to the Treasure of the West: Spanish policy and profit in the East-India Trade. For the last of these being employed, in the first they stored themselves infinitely with rich Wares, to barter with all the parts of Christendom for their Commodities, and so furnishing their own necessities, prevented others for carrying away their monies, which in point of State they hold less dangerous to impart to the remote Indians than to their neighbour Princes, least it should too much inable them to resist (if not offend) their Enemies: and this Spanish policy against others is the more remarkable being done likewise so much to their own advantage; For, every Royal of Eight which they sent to the East-Indies; brought home so much Wares, as saved them the disbursing of six Royals of Eight here in EUROPE (at the least) to their neighbours; especially in those times when that Trade was onely in their hands: But now this great profit is failed, and the mischief removed by the English and Dutch, who partake in those East-India Trades as amply as the Spanish Subjects. Spanish Treasure is exhausted byWar. IT is further to be considered that besides the disability of the Spaniard, by their native Commodities to provide forreign wares for their necessities (whereby they are forced to supply their wants with money) they have likewise that Canker of war, which doth infinitely exhaust their Treasure, and disperse it into Christendom, even to their Enemies; part by reprisal, but especially through a necessary maintenance of those Armies which are composed of many strangers, and lye so far remote that they cannot feed, Cloath, or otherwise provide them out of their own native means and provisions, but must receive this relief from other Nations: The effects of different wars concerning Treasure. which kind of War is far different to that which a Prince maketh upon his own confines, or in his Navies by Sea, where the souldier receiving monies for his wages must every day deliver it out again for his necessities, whereby the Treasure remaines still in the Kingdom, although it be exhausted from the King; but we see that the Spaniard (trusting in the power of his Treasure) undertakes Warres in Germany and other remote places, which would soon begger the richest Kingdom in Christendome of all their money, the want whereof would presently disorder and bring the Armies to confusion, as it falleth out sometimes with Spain it self (who hath the fountain of money) when either it is stopt in the passe by the force of their Enemies, or drawn out faster than it flowes by their own occasion; whereby also we often see that Gold and Silver is so scarce in Spain, that they are forced to use base Copper Money, to the great confusion of their Trade in want of Supplies, and not without the undoing also of many of their own People. The Spanish treasure which is exhausted either by commerce or war, doth all come in the end into the general commerce of divers Nations. BUT now that we have seen the Occasions by which the Spanish Treasure is dispersed into so many places of the World; it is needful likewise to discover, how, and in what proportion each Country doth partake of these monies: For we find that Turkie, and divers other Nations have great plenty thereof, although they drive no Trade with Spain, which seems to contradict the former Reason, where we say that this Treasure is obtained by a necessity of Commerce; but to clear this point we must know, that all Nations (who have no Mines of their own) are inriched with Gold and Silver by one and the same means, which is already shewed to be the ballance of their Forreign Trades, and this is not strictly tyed to be done in those Countries where the Fountain of Treasure is, but rather with such Order and Observations in the Trade, and against excess, as are prescribed: For suppose England by Commerce with Spain may get and bring home five hundred thousand Ryals of Eight Yearly, yet if we lose as much by our Trade in Turkie, and therefore carry the money thither, it is not then the English, but the Turks who have got this Treasure: Although they have no Trade with Spain, from whence it was first brought. Again, if England having thus lost with Turkie, do notwithstanding gain twice as much by France, Italy and other Members of her general Trade, then will there remain five hundred thousand Ryals of Eight clear gains by the ballance of the same; and this comparison holds between all other Nations, both for the manner of getting, and the proportion that is yearly gotten. But yet if a question should be made, whether all Nations get Treasure, and Spain only lose it: We Answer no; for some Countries by War, or by excess do lose that which they had gotten, as well as Spain by War and want of Wares doth lose that which was its own. AND so much shall suffice to shew, that to partake in the Trade of the East-Indies, doth not only weaken the Spaniards Navigation, and strengthen our own; but also, to impeach him in this rich Trade, doth mightily exhaust his Treasure, and increase our Monies. HAving done with the Powerful Spaniard, we must now say something of our professed Friends, the Hollanders, who of late years are become a flourishing People, Wealthy and strong, both by Sea and Land, by nothing else but Trade; The Hollanders greatness by Trade. and yet we know that they have little in their own Country wherewithal to Trade; but we must not therefore imagine, that so great a Building is either raised, or can stand without a strong Foundation, which these Industrious Men wanting means in their own Land, do find out Rich Mines in His Majesties Seas; The Hollanders best foundation the English Fishing. Golden Mines we may term them, for so the Lords States themselves do call them, and thus also in their Publick Proclamations, which they have set forth in all occasions for the better preservation of this Fishing, a Treasure it is (indeed) inestimable, and an employment most profitable: From hence Orignially proceeds the increase and maintenance of the People, their flourishing Arts, their private Wealth, their publick Treasure, the multitude of their Ships which fetch Materials to Build Ships, the swarms of their small Vessels which catch Fish, to lade their great Ships which Trade with Fish; the proceed whereof doth furnish them with all their wants of Foreign Wares, and makes them all Rich in Treasure; with which Treasure they do also enlarge their Trade into all the quarters of the World, whereby they are become the Magazines for England, France, Spain, Turkie, and other places, for Corn, Cordage, Ordnance, Powder, Shot, Ships, Wines, Fruits, Cavas, and many others, besides the rich Wares from the East and West-Indies, serving each Country according to their severall wants and occasions, In which course of Trade, they are not lesse industrious to supplant others (especially the English) than they are careful to strengthen themselves with more than ordinary diligence; for they know well, that Trade hath raised their fortune, and doth feed their Hopes; We desire not here to aggravate their Actions against us in the East Indies, for they are already too well known to all the world, but we rather with patience expect the meanes of our satisfaction and future safety; wherein we doubt not of his Majesties most gracious favours and resolutions so well begun, and in so good a way to settle and support a Trade of such great consequence; If our Trade to the East-Indies should fail our other best Trades will fall with it. the which if the Hollanders might solely enjoy (as they endeavour) they would (by the power there of) soon make themselves Masters (also) of our other best Trades into the Streights, and be the onely Merchants even of our Cloath and other native Commodities into those Countries; as they are already possessed of the Exportation of (almost) all our Herrings, Pilchards, and New-land Fish, to the maintenance of their Shipping and decay of ours, which is the more considerable, because it may be wished, that Corn, and Victuals, might be exported, onely in English Shipping, but the Hollanders are diligent observers of such occasions as may give them advantage; they know well how to work their own ends in all places where they come; and as they have infinitely prevailed in the augmentation of their Trade by the declination of other Nations, so they aime at nothing more now than to weaken the English in their Traffick, for We onely are their Corrivals, able to keep them from the absolute Dominion of the Seas, wherein we may hope ever to prevail, if we loose not the power we possesse, and the rich Trades which we have so well discovered. Whether it be not the best meanes we have to encrease the Treasure or Money of this Kingdome. THis position is so contrary to the common opinion, that it will require strong Arguments, to maintain and prove it, before it will be accepted, especially of the multitude, who bitterly exclaim when they see any Monies carried out of the Realm; affirming thereupon that we have absolutely lost so much Treasure, being an Act against the long continued Laws of this Kingdom, and that many other places, nay, Spain it self (which is the fountain of Money) forbids the Exportation thereof, some cases only excepted. To all which we might answer, that Venice, Florence, Genoa, Savoy, Marcellis, Turkie, the Low-Countries, and divers other places permits it, their people applaudes it, and find great benefit by it; but all this makes a noise and proves nothing: We must therefore come to those reasons which concern the businesse in question. We have no Treasure but by Trade. FIrst therefore, we will take that for granted which none will deny us, that we have no other meanes to get Treasure, but by Forreign Trade; for Mines we have none which do afford it, and how this Money is gotten in the managing of our Trade, we have already shewed; that it is done By making our Commodities which are Exported, to over-ballance in Value the forreign Wares which we consume; so that it resteth onely to shew how our monies may be added to our Commodities, and being joyntly exported may so much the more encrease our Treasure. AND here we will suppose, that our yearly consumption of forreign wares is to the value of twenty hundred thousand pounds, and our exportations to exceed that two hundred thousand pounds, which summe we may thereupon affirm is brought to us in Treasure to ballance the account; A neer estimation of our yearly exportations and importations, as they have been found by good inquiry. but now if we adde three hundred thousand pounds more in ready mony unto our former exportation in wares, what profit can we have (will some men say) although by this meanes we should bring in so much ready money more than we did before, seeing that we have carried out the like value. TO this the answer is, that when we have prepared our exportations of wares, and sent out as much of every thing as we can spare or vent abroad; it is not therefore said, that then we should adde our money thereunto to fetch in the more money immediately, but rather first to inlarge our Trade therewith, by inabling us to bring in more forreign wares, which being sent out again into the places of their consume, they will in due time much increase our Treasure, for although in this manner we do yearly multiply our importations to the maintenance of more shipping and Marriners, improvement of his Majesties Customes and other benefits; yet our consumption of those forreign wares is no more than it was before: so that all the said increase of commodities brought in by the means of our ready money sent out as is afore written, doth in the end become an exportation unto us of far greater value than our said monies were, which is proved by three severall examples following. FIrst, we will suppose that one hundred thousand pounds sterling, being sent in our shipping into the East Countries, will buy there one hundred thousand quarters of wheat clear of all charges aboard the ships, which being after brought into England and housed, to export the same at the best time for vent thereof in Spain, or Italy it cannot yield yeild lesse in those parts than two hundred thousand pounds, to make the Merchant but a saver, yet by this reckoning we see the Kingdom hath doubled that Treasure. The trade to the East-Indies (in its proportion) is the best trade and means we have to increase our Treasure. AGain this profit will be far greater when we Trade thus with our money in remote Countries; as for example, if we send one hundred thousand pounds into the East-Indies, to buy Pepper there and bring it hither, and from hence send it for Italy or Turkie, it must yield five hundred thousand pounds at least in those places, in regard of the excessive charge which the Merchant disburseth in those long voyages in shipping, wages, vicutals, insurance, interest, customes, imposts, and the like: all which charges notwithstanding the King and the Kingdom gets. And we may here observe, that as the publick profit by forreign Trade is the onely means whereby we gain our Treasure: So this Trade to the East-Indies (in its proportion) doth far excell all others. THE third Example is, where the Voyages are short, and the Wares Rich, which therefore will not imploy much Shipping, the profit to the Kingdom will be far less; as when another hundred thousand pounds shall be imployed in Turkie, in raw silks, and brought hither to be after Transported from hence into France, the Low-Countries, or Germany, the Merchant shall have good gain although he sell it there for one hundred and fifty thousand pounds: And thus, take the Voyages all together in their Medium, the ready monies exported will be returned unto us near trebled. But if any Man will yet Object that these returns come to us in Wares, and not really in Monies, as they were issued out: THE Answer is (keeping our first ground) that if our Consumption of Forreign Wares be no more yearly than is already supposed, and that our exportations be so mightily increased by this manner of Trading with ready money, as is before declared: It is not then possible (in the course of Trade) but that all the over ballance or difference should return either in money, or in such Wares as we must export again; which, as is already plainly shewed, will be still a greater means to increase our Treasure: For it is in the Stock of a Kingdom, as in the Estates of private Men, who having store of Wares, do not therefore say, that they will not venture out, or Trade with their Money; (for this were ridiculous) but do also turn that into wares, whereby they multiply their Money; and so by a continual and orderly change of one into the other, grow rich, and when they please, turn all their Estates into Treasure, for they that have Wares, cannot want Money; and therefore the former Objection is not considerable: For what begot the Monies which we sent out, but our Wares? NEither is it said, that Money is the Life of Trade, as if it could not subsist or pass currant without the same; for we know that there was great Trading by way of Commutation or Barter, when there was little Money stirring in the World. The Italians and some other Nations have such Remedies against this want, that it can neither decay, nor hinder their Trade, for they transfer Bills of Debt, and have other ways whereby they assign their Credits from one to another daily, for very great summes, with ease and satisfaction by Writing onely; whilst in the mean time, the Mass of Treasure which gave Foundation to those Credits is employed in Forreign Trade as a Merchandize which doth much increase their Traffick. Money inlargeth trade, and Trade increaseth money. It is not therefore the keeping of our Money in the Kingdom which makes a quick and ample Trade, but the necessity and use of our Wares in Forreign Countries, and our want of their Commodities which causeth the Vent and Consumption on all sides. WE must not here forget the Practice of the Great Duke of Tuscany in his Port of Leghorne, which of late years from a poor Town is became a fair City, and one of the most famous places for Trade in Christendom, by the resort of many Nations, but most especially by the English and Dutch with Merchandize to a very great value yearly, and yet it is worthy Observation that the multitude of Ships and wares which come thither, have little or no means to make their returns from thence, but onely in ready Money, which they may, and do carry away freely at all times and without Custom, and such charges to the incredible Advantage of the said Duke of Tuscany and his Subjects, who are much inriched by the continual great concourse of Merchants, form all the States of the Neighbour Princes, bringing them plenty of Money daily to supply their wants of the said wares. And thus we see that the Current of Merchandise which carries away their Treasure, becomes a flowing stream to fill them again in a greater measure with money. THE Example of this growing greatness hath lately moved the Duke of Savoy publickly to delare his Princely resolution to all Nations, offering them any Priviledges and immunities, that shall come to Trade in his Free Port of Vila Franca, and especially a Liberty to carry away ready monies for all the wares they bring, or other Occasions: And yet we know that neither in Tuscany or Savoy, are any Mines or Monies more than they have, and do daily get by Trade; but they know likewise that if we yearly bring them wares (although for a very great value) the money will immediately follow, for, let no Man doubt but that money must ever attend on Merchandise, for they go together: And it is worthy the noting, that those Princes are content to part with their Treasure, only to enjoy the Trade of the wares which are brought them, for which (to encourage the Merchant) they take no Custom; whereas we by sending out our money do gain the imployment of our Shipping, the Trade of the wares, and the profit of the Customs, which is a treble benefit. THere is yet an Objection or two as weak as all the rest: The first is, that if we Trade with our money, we shall issue out the less wares; as if a man should say, those Countries which heretofore had Occasion to consume our Cloath, Lead, Tin, Iron, Fish, and the like; shall now make use of our Monies in the place of those necessaries, which to affirm were most absurd; or that the Merchant had not rather carry out wares (by which there is ever some gains expected) than to export Money, which is still but the same without any increase. BUT on the contrary there are many Countries which may yield us very large and profitable Traffick for our money, that otherwise afford us no Trade at all because they have no use of our wares; as namely, the East-Indies for one, in the first beginning thereof, although since by Industry in our Commerce with those Nations we have brought them into the use of much of our Cloath, Lead, and other things, which is a good addition to the former vent of our Commodities. AGain, some Men have alledged, that those Countries which permit Money to be carried out, do it because they have few or no wares to Trade withal: But we have great store of Commodities, and therefore their Action ought not to be our Example. TO this the Answer is briefly; That if we have such a quantity of wares as doth fully provide us of all things needful from beyond the Seas, why should we then doubt that our monies sent out in Trade must not necessarily come back again in Treasure, together with the great gains which it may procure in such manner as is before set down? And on the other side, if those Nations which send out their moneys, do it because they have few wares of their own; how come they then to have so much Treasure as we ever see in those places, which suffer it freely to be exported at all times, and by whomsoever. We Answer, even by Trading with their monies: For by what other means can they get it, having no Mines of Gold or Silver? Our humane actions ought especially to be considered in their ends. THus may we plainly see, that when this weighty business is duly considered in its end (as all our Humane Actions ought well to be weighed) it is found much contrary to that which most Men esteem thereof, because they search no further than the beginning of this work, which mis-informs their Judgments, and leads them into error; for if we onely behold the Actions of the Husbandman in the Seed-time, when he casteth away much good Corn into the ground, we will rather account him a Mad man than a Husbandman: But when we consider his Labours in the Harvest, which is the end of his endeavours; we find the worth and plentiful Increase of his Actions. Honour. Whether it be not an Honour suitable to the Majesty of so great a King and Kingdom. WE have endeavoured upon all the former Quæries to be as brief as conveniently we might without obscurity, and now upon this last point there will be no Occasion at all to inlarge; for when it shall be found that the Trade to the East-Indies is so good as means to encrease our strength, wealth, safety, and Treasure, and that those discoveries spread His Majesties Fame into Persia, Japan, China, the Dominions of the Great Mogul, and many other remote Nations of the Eastern world, there will be no denial, but that these great blessings are so precious and Honourable, both to the King and his Kingdoms, that they ought to be preserved with our best endeavours against the strongest Opposition. And for Conclusion, the East-India Company do Humbly Declare unto your Lordships, and the Honourable House of Commons, that they have not made their Petition, and this Remonstrance for their own Private Ends, but for the Publick good: And even so having performed their Duties, they hope it shall be their sufficient Discharge in all future times concerning the Suppressing or Supporting of the said Trade.

Economy

THE HUMBLE REMONSTRANCE OF Those REASONS which the Governour and Company of Merchants of LONDON, Trading to the EAST-INDIES, do make upon the QUÆRIES that are annexed unto their Petition, exhibited to the Right Honourable the LORDS and COMMONS in the High Court of PARLIAMENT Assembled.

The petition and remonstrance of the governour and company of merchants of London trading to the East Indies [...]

EcB1653

AS a Man, or Christian, out of pure love to Mankind, I chuse rather to cast my self at Your Lordships Feet, and come under Your greatest Censure for this high Presumption, than to omit so necessary a Duty and Discovery as the substance of this discourse Imports; Therefore dare not conceale the least inconvenience that may befall the Publique, but take bolness to present my thoughts that Your non-apprehending the Prejudices hindring Improvement, nor clearely your own Capassities to remove them, and may be want of oportunity to consult about these lesser things (though very great in themselves (the practise whereof throughly promoted, might make the greater more easie) compared with our weighty and present affairs, may in some measure be an accidentall cause that Improvements of our Lands go on no better, although materially the cause is in our own sloth, Prejudice and ill Husbandry. And though I dare not present this rude Treatise unto Your Honors, to crave so high Patronage, yet I shall adventure these many most humble Representations of some Prejudices to Improvements that remain founded by a Law; And of some other Obstacles, as firmly rooted by Corruption, that without your Honors Power, and Wisdoms help therein, the Improve ments here tendred will be in great measure hindred. To the removall whereof, if Your Honors shall see cause to give incouragement, either by an Addition of such Lawes as shall appear unto you wanting, or Repealing such as hinder, I shall not question but mens spirits will be raised to such Experimenting of the principles of Ingenuity, as that wee may see this Common-wealth soon raised to her utmost fruitfullness and greatest glory. The particulars here are too many here to discourse at large; I shall therefore take boldness to present some few with some brief reasons to evince the same; and they are very great discouragements to the Ingenuous and Active Prosecution of the Improvements of the Nation. The first Prejudice is, That if a Tenant be at never so great paines or cost for the improvement of his Land, he doth thereby but occasion a greater Rack upon himself, or else invests his Land-Lord into his cost and labour gratis, or at best lies at his Land-Lords mercy for requitall; which occasions a neglect of all good Husbandry, to his own, the Land, the Land-Lord, and the Common-wealths suffering. Now this I humbly conceive may be removed, if there were a Law Inacted, by which every Land-Lord should be obliged, either to give him reasonable allowance for his clear Improvement, or else suffer him or his to enjoy it so much longer as till he hath had a proportionable requitall: As in Flanders and else where, in hiring Leases upon Improvement, if the Farmer Improve it to such a Rate above the present value, the Land-Lord gives either so many years purchase for it, or allowes him a part of it, or confirmes more time; of which the Tenant being secured, he would Act Ingenuity with violence as upon his own, and draw forth the Earth to yeeld her utmost fruitfullness, which once being wrought unto perfection, will easily be maintained and kept up at the height of fruitfullness, which will be the Common-wealths great advantage: Some Tenants have Advanced Land from Twenty pounds to Forty pounds per an. and depending upon the Land-Lords favour have been wip'd of all; and many Farmers by this uncertainty have been impoverished and left under great disgrace, which might as well have been advanced. The second Prejudice is against that great Improvement by floating Lands, which exposeth the Improver to sute of Law for Turning a Watercourse, by Millers or others, which are minded to molest the Improvement, although the Improvement be ten fold greater greaer than the Prejudice can be, and the Advantage be far more publique than the others pretended loss can be, yet few dare adventure upon the work, for fear of being sued or molested. Many great Improvements have been, and are to this day hindred and ly dead because the Miller cannot be compounded with at any rate; some I know, whose Improvements might be Ten-fold and more, the Millers Prejudice little, if any at all, because your exact husbands so clear all their boggy, low parts, and some time by their large draines break through many springs and issuing waters, that they carry a better stream unto the Miller than he had before, and his Improvement shall be able to supply a great part of the Country with Hay and Grass, where was before but little, and may be the Millars mill may be worth five or six pound per an. few worth ten, that usually stand upon these waters, and let him be damnified what ever he can, it is in no proportion to Common wealths loss to such an Improvement. The third Prejudice is, where all mens Land lie intermixed in Common Fields or Meddowes; The Ingenuous are disabled to the Improving theirs, because others will not, neither sometimes can the Improvement be made upon any, unless upon all joyntly, or else upon an unsupportable unsuppotable Charge or Burthen. As also the not cutting straight such watercourses, of such brookes and gutters that are exceeding crooked, which some that would cannot, because of others interest that will not, abundance of the best land in this Nation is hereby lost, and wonderfull Improvements hindered, the waters raised, the lands flouded, sheep rotted, and cattell spoyled, all by this neglect. The remedies to all the three aforesaid Prejudices, to resolve the greatest advantage to the Common-wealth, and then command them either unto a loving Conjunction in the Exchange and Improvement, or else disabling any one to hinder another that is desirous of it, giving such recompence for any dammage he shall make, as shall be adjudged reasonable by indifferent men, or competent Judges. A Fourth is Unlimited Commons, or Commoning without stint, upon any Heath, Moor, Forrest, or other Common; This is a great Prejudice to many poor men, both Cottiers and Land-Holders, who have not of their own to stock their Commons, and so lose all, that have least need, and for whom those Commons were chiefly intended: And also a great hindrance to all; for being without that, every man laies on at random, and as many as they can get, and so Overstock the same, that ordinarily they pine and starve their Goods therein; and once in four or five years you shall observe such a Rot of Sheep, that all that the Oppressor hath gained by eating out his poor Neighbours all the other years, is swept away in one, and so, little advantage redoundeth to any: So that many thousand Acres of Land are as it were useless, which were all men limited according to their Proportion of Land or Dwellings to which the Common is due, the poor that could not stock theirs, might set them, and reap some benefit by them: And were they easily stinted, their Commons might be as good as their own Severals to every man that hath an interest. A Fifth Prejudice is, A Law wanting to compell all men to kill their Wonts or Moales; the good Husband doth, and the slothfull man neglects it, and thereby raiseth such a Magazine or Nursery, that they cannot be destroyed, but as fast as one destroies them, the other nurseth a fresh supply spply to fill the Country: the Prejudice is greater than can be reported. The sixt Prejudice is the not compelling men to plant Wood where they do cut down, then to set again a treble proportion or more to what they do destroy, especially now so much of the gallant Wood of the Nation is exposed to sale: We forget that it is a mighty pillar in the upholding this poor Island, and how honorable a custom it is in other Nations, that look what Timber they cut down, they must plant five or ten times as much in stead thereof: And that all men might be compelled to plow their coarser, old mossy, rushy, bankie pasture Lands, being now fittest for it and will be bettered by it, and suffers for want of it, and the Country needs it, and none prejudiced: and for the best land every man left to his own liberty. A Seventh Prejudice is the want of a through searching of the Bowels of the Earth, a business more fit to be undertaken by the Honourable Representation of the whole Common-wealth, than by any particular man; Whence are all our Mines of Lead, Tinne, Iron, Coales, and Silver Mines in Wales, were they not once hid, and as uncertain as we are now certain of them? and what should hinder but that in many places else the like may be discovered? as suppose Coal in Northampton, Buckingham, and Oxf. Sh. what a great benefit to those Countries would it be? Nay, if some sorts of Stone could bee but found out in some other parts, what might it arise unto? Nay, say that either Marl, Chalk, or Lime, or some other fat Earth could be found in some other parts where they are wanting, how much would it inrich those parts? And who can say but Silver may as well be found in other places in Wales or other parts? I am sure that no man knowes but he that hath searched it, and the hundred thousand part of this Nation hath never yet been tryed. The Eighth Prejudice may be the many Watermills, which destroy abundance of gallant Land, by pounding up the water to that height, even to the very top of the ground, and above the naturall height, that it lyeth swelling, and soaking, and spewing, that it runneth very much land to a Bogg, or to mire, or else to Flagg and Rush, or Mareblab, which otherwise was as gallant land naturally as could be, I am confident many a thousand a year are thus destroyed, some mills worth above 10 or 12. pound per an. destroy lands worth 20.30. or 40. per an. I know it of my own knowledge, I had some few yeares since a Mill Dam in my land which destroyed one half of a gallant meaddow, meanes was used that it was removed, and that very land is returned to his perfect pureness again. I prescribe not the utter destruction of all, of some I do, and others to have their water brought to a lower gage, and where they are wanting, Wind-mills erected, as in all the Fen Country are no other, or else incouragement given to some that I am confident are able to discover a compleat way for grinding all sorts of Corn by the strength of horse and man as feasible as malt is. I am able to give some assistance my self to this work, but shall far prefer others thereto, A Gentleman that hath waded so deeply therein as hath discovered publiquely his modell at Lambeth deserveth great incouragement. And the last though not the least is the raign of many abominable Lusts, as Sloth and Idleness, with their Daughters, Drunkenness, Gaming, Licentious Liberty. Were not the greatest and best, and all men made to be usefull to the body? why continue many men as members cut off from it, as if they were made to consume it, are neither usefull in their bodies, minds, or purses to the common good? how comes City and Country to be filled with Drones and Rogues, our highwaies with hackers, and all places with sloth and wickedness? I say no more but pray some quickning Act to the execution of our Lawes against these worse than heathenish Abhominations. All which, with many more great annoyances annnoyances and Annusances (though some may think every man will be ready to remove, but we being under such a drowsie Age, that though each particular shall be advantaged as well as the whole body, yet it will not be indeavored as far as I am able to see into mens minds or practices) are no way possibly removeable, but by Your Honours either compelling them by acting Ingenuity themselves, or else so incouraging others that are desirous desirons thereof, that None may Prejudice Improvements, by denying any liberty for carrying on the Work, receiving reasonable satisfaction for the Dammage. To which if your Honours please to add but one thing more, to give your best incouragements to all ingenious honest-hearts, some such there are that have more within them than they can express, and many such you need, and the Common-wealth more, whom while you are carefull to countenance, from Hucksters and Impostors, God will either keep you or inable you to discover, but if any one can make A clear discovery of any new Invention for the advance of Lands, Trade or Merchandize, If your Honours please to confirm it to him for a season, to reinburse himself a little, it being unconceivable what some Ingenuous men run themselves out herein, I cannot see the least Prejudice to any, but a great incouragement to all, nor can I have the least glance homeward, though plain dealing be a jewell, I finding my poor plain principles will never reach the honour of an intire discovery, if I can either draw any thing to life out of the deep judgements or opinion of the more learned, and have out any thing to a profitable experiment from my own practice, and hereby gain opportunity to cast it as a Freewill Offering into the Common Wealths Treasury, as the best and all I have to give, is my utmost Emulation. All which humble Proposals, though Unbeseeming me to present, yet a hope will not be thought Unworthy the grave and serious Consideration of Your Honours Wisedome, as being so much conducing to Publique Welfare, in which you are all ingaged; to whom in this your Publique Welfare, in which you are all ingaged; to whom in this your publique relation, I have said so much as I must humbly beg your Honours pardon, and shall say no more because in the succeeding Epistles your particular advantages will be cleared, and in the discourse at large your selves discovered to be as much discovered to be as much concerned and as capeable (in the common-wealths advantage) of as great if not greater Improvement upon all your own particular Estates as any, which I leave before you untill the fittest season for your Lordships Consideration and actings, as may seem to you most conducing to the good of all Concernments. The All-wise God guid you in your great Affaires, and make you gloriously Instrumentall to the prosperity of the Nations; These are and shall be the uncessant and Earnest desires of I Shall here through thy good acceptance of my former mean Peece, and earnest Importunity for the shaddowes or Pictures of those severall Tooles I offered, and some other particular additionall waies of Improvement I promised to discover, present them all unto thee if God shall please to assist it to the Compleatment; wherein I shall a little by way of Reparation in some parts underbuild, and some lean to, or less necessary, quite pull down of the old work, and yet not deface it neither, although by my hands it will never be uniformable, onely may be wholsome and keep warm in Winter: I shall therefore forbear to mention here any of the particulars therein handled, but refer thee to the Book it self; yet shall let them know (besides some illustrations upon some of the former passages) I shall clear my promise in all particulars as to the Land Improvement, & give in as clear a discovery of the Tooles as I can in their severall figures. And by way of Addition, or as second part, I shall hold forth how thou maiest make great, and may be greater Improvements than have as yet been usually made in England upon thy Lands divers other waies. As First, in the Mystery of Planting all sorts of fruits, with the speediest raising them to perfection. Secondly I shall endeavour the facilitating the great weight and burthen of the Plough, and give you the description of some formes most suitable unto ease and speed, and hope thereby to take off a considerable strength and charge from the Husbandmans daily toil. Thirdly, give in the best experienced way of planting plauting Hemp and Flax, Rape and Cole-seed, Oad, Hops, Saffron, Licorish, and some other of our English wealth. Fourthly, I shall endeavour to discover by what meanes we may possible raise the benefit of the Clover grasse, St. Foine La-lucerne to the nearest president to France and Flanders, for worth and quality, as our English climate and best husbandly experience will admit. And Lastly, shall take boldness, with my good friend M. Samuell Hartlips leave, to paraphrase a little upon most of those deficiencies in husbandry which his friend charges us withall, of which we have more than a good many, and not so few as he speakes of, and reduce so many of them that I have not spoke to already in my first Edition, unto Practicall husbandry that fall under any of my experiences (which though they bee but coarse and mean, yet have been gained hardly, by many toilsome tedious Journeyes, and very great and large expences) and for the further light and help to the clear understanding of the Mystery of Improvement (for so I call it, and so it will be found when thou commest to the reall practise of it, and may be more mysterious then thy principles, customes, and experience will reach unto) I would direct thee a little to consider, what hath been written in this kind by former gallant Instruments worthy of perpetuall honour. Mr. Markham did excellently for his time, so did Mr. Gouge in his Husbandry; Mr. Tuffer rimes out his experiences to good purpose, and in all their bookes thou maist find out many things worth thy observation. Sir Francis Bacons Naturall History is worthy high esteem, it is full of rarities and true Philosophy, Sir Hugh Plats Adams art revived is of good report, I never yet could gain the sight of it, though Mr Gabrell Plats discovery of hidden Treasure is very ingenuous, and could'st thou but fathom his corn-setting Engine, and clear it to thine own and others apprehensions, it would be of excellent use without question: but for the Country Farmer Translated out of French, with some two or three other little books, I can find but little Edification or Addition to our own English experiences, what other men can find out of them I know not, but leave to thee to discover, but for the rest they have been a great and clear light to our Horizon: yet among some of them, one is worthy reprehension, which is their large observations of season: signes and planets, forgetting God the maker of them and blesser of all things, as if Seeds, Herbs and Plants were to be sowen in the Moon or Planets, which should they be observed they had need produce a double profit, because not half of any would be sow'd or planted. These times have let in so much light as will discover the vanity hereof. But I must not forget Mr Samuell Hartlips peeces lately put forth as discoveries made to him of great advancements other Countries have made unto themselves thereby, both which in some particulars are naturall, and suitable, and experimentall in this Nation, and of great advantage, and merit high esteem from all, and in other particulars I know not but why most of them also may be so applied and experimented too, as to raise a good, commendable, and profitable advantage if they fall into the hands of ingenuous husbandry. I have therefore endeavoured to make my thoughts as legible as I can concerning them, as well as all other the aforesaid, though not to so good purpose as I should, yet to provoke the more Ingenuous to correct them to their own advantage, although I shall render my self subject to various opinions, and though doggs bark I pass not, if the Ingenuous Reader will not condemn before hearing: my design shall not be to contend against former mistakes, New discoveries will admit some of them; but I shall perswade all men to a thorough triall of what they find most probably advantageous unto them: And what by my self shall be here held forth are most of them experimented to thy hand at my proper cost and charge without the assistance of any other purse or person, & so visible that thy own eyes shall be thy Judges, and the rest shall be so clearly held forth by irrefragable demonstration and evident conviction of the places where, and the persons by whom, as thou needest not scruple; it is time, the world is full of conceits and phantasies, nor can my self challenge immunity there from; yea reason it self hath neer beguiled me till Experience hath concluded the question: And there is a naughty generation of men that have brought an ill report upon Ingenuity through their pretences of great abilities in Enginreeship, and great experience of raising and drawing water, floating lands, oyling corn, advising strange compositions for Seed and Land, pretending great advantages by Chimistry, yet have or could not bring forth the fruit of their great undertakings, some through want of meanes to accomplish their work, not wisely forecasting at first what it would cost; others indigent in their principles, having seen or done something, therefore thought they could doe all things; and others through a base spirit of deceit, and may be some for want of Patience to try the issue: all which have brought a scandall upon Ingenuity. Though I verily beleeve much may be done by many of the aforesaid meanes, and more will be discovered by unthought of waies, many men having so good inventions and very able to advise great things for the Common-wealths advantage, yet may not be able of themselves to bring forth the same to publique experience; such may and do deserve some publique incouragement. A base privacy of Spirit hath so tainted us that few can vouchsafe publique service any publique honour, nor publique Instruments a publique recompence: Yet still look thou out to duty, charge not Ingenuity as an innovation, but act vigorously in thy station; good husbandry is as the sinnews and marrow that holds together the joynts of common good; all workmanship without Invention resolves it self into the workmans belly; for though a new world hath been of late discovered, yet there is not an occupation or trade of finding them, nor are our English people very active in searching after them; Study Improvements, which though they may not be said to be either Father or Mother to Plenty, yet it is the Midwife that facilitates the birth. See what shiftings people make for livelihood, how many severall callings doe men make, and yet unmake the main: The exercising exereising these projections accompanied with a blessing (if I may so call them without offence) will open a way to the relief of thousands. The Common-wealth is low, and misery and penury will follow if we do not rouze the sluggard, and post after Industry, pursue all advantages of Improvement whatsoever: It is a great argument to quicken me to the more speedy publication of this third Edition, & the rest of the new additions to it; & though I here hold forth most of my own experiences, & may be said to be a Trumpeter of my own praise, yet if thou wilt but consider, First, that many of these particulars have been wrought as particular Rules or instructions to private friends as my own experiences, & to alter them will make so great an alteration in the whole, as my present occasions wil not suffer. And Secondly, because I find so great abuse by some mens high affirmations, proving but conjectures, as hath brought Ingenuity under the scandal of projects & new devises, which men will scorn to deem them so when they are made experiments. And thirdly, because the subject, though poor & plain to be discoursed, and great proof made thereof to good perfection, yet when thou commest to the thorough practise thereof, thou shalt find it so ambiguous, as notwithstanding, all my allusions to my own experience will be little enough, and then thou wilt excuse me. And could the Authour have been thus supplied, it is great odds whether this Peece had rendered it self unto the hæzzard of acceptance or disgrace in so rude a manner; I should have added much more, but that the Epistle might have swelled into a volume, and therefore chose rather to divide what I had to have spoke to the particular rankes of men whom it most concernes, and so have distributed to each a portion as I conceived most suitable to work their spirits into a flexibleeness of practise and acceptance, which if they set unto experimenting, I hope they will raise such fruit thereby, as to witness to, or be Credentialls of my Frontispeece. Although I indeavour so mainly to work my Improvements out of the Belly of the Earth, yet am I neither of the Diggers mind, nor shall I imitate their practice, for though the poor are or ought to have advantage upon the Commons, yet I question whether they as a society gathered together from all parts of the Nation could claim a right to any particular Common: And for their practice, if there be not thousands of places more capable of Improvement than theirs, and that by many easier waies, and to far greater advantages, I will lay down the Bucklers: Nor shal I countenance the Level principles of Parity or Equality, which they seem to urge from the begining, till I see the heads of Families and Tribes, Judges and Governors, Lords and Princes of whole Countries, blotted out of the first or succeeding generation; unless they bring us to the new Jerusalem, or bring it down to us, when we shall not need to trouble our selves about greater or lesser, or any distinction of person, places, or estates, any more, but this Parity is all I endeavour, to make the poor rich, and the rich richer, and all to live of the labour of their own hands. And thus clearly demonstrating what I have premised, I hold my self disobliged in all my promises, except in this which will be fitter to be presented in a Volume of it self, after some good proof given to the world of thy industry in improving thy lands lauds , viz. Some speciall directions when thy Lands are improved, how to use them or stock them to the best advantage of the Common-wealth and thy profit, and therein shall indeavour these five or six particulars, First to hold forth the best way or meanes of breeding or rearing all sorts of cattle, sheep, beasts, or Horse. Secondly, to shew the way of Cow-keeping, Dayrying, or raising most Cheese and Butter. And thirdly the waies of Grazing and feeding all sorts of Cattell; All which are three staple Advantages of the Nation, and will hold hands with Tillage, Corning, Trade, and Merchandize; and shall add, Fourthly how to raise a great advantage out of Goates and Conneys, for your harder stocking Lands, and some two or three more particulars, that thou maiest not be wanting in the usage of thy land as well as in the Improvement of it, and it shall strive excedingly to dismystery them all; and in the fift and last place shall proportion all with the most suitableness I can to those severall lands by which they may advance the highest profit and greatest increase, and all as largely and plainly discovered, as I am able. By a wellwisher Of prosperity to each self, which is the Common Wealth, IT may be thought strange to direct an Epistle of this nature to you, as conceived by most, least capable of being Instrumentall of advancing the common good in this nature; yet knowing strange things are wrought by contraries, and finding the best husbands (through my observance) among those who have been least conversant therein, have not the least hopes of you; yet from a Principle of charity too, lest that your learning your fingers to fight, and discontinuance of your callings, might disuse your bodies and minds so from labour, as to discourage you from your callings, have thought fit to let you know, You also may be very capable to doe good service to your present Generation in this design: And though many say you are more likely to lengthen out the War to prevent Improvements, I am of better hope, and sure, that the Armies late progresses have manifested the contrary, yet I shall humbly take the boldness to press your speeding as full an end thereto as you are able, both for your own good, and these Reasons. 1 Because of the gooness and welcomness of a Calm after a Storm, no less will be a setled Peace after so great a War, and a little breathing will recover strength and spirits. 2 Because you need not fear want of good Imployment afterward: This piece will open many doores for that, and I am confident Activity and Ingenuity will much inlarge our Quarters, and make this Nation Rehoboth, and with good husbandry indeed would more comfortably maintain hundreds of thousands more than are allready born, and I hope you will learn to hate Idleness wholly, as love Liberty dearly. 3 And lastly, because your selves are interested and possessed of many lands, and those such too as will admit of great Improvement with wise management, and some of them as great as by this discourse is here proposed; and though you may conceive your late lands designed for your pay were highly surveied, and to all advantages to raise them, yet those advantages of Improvement were not to be considered, nor indeed could be discovered by them which understood them not; nor was any of them purchased at any other rate than the present value to be then set and let to present Tenants; which Lands are as full of vast Improvements as any lands in England: for all which causes I need press no more, but in the honour I bear to a Souldiers name, which God himself hath honoured by stiling himself a Man of War, although I take no pleasure in War, otherwise than in submission to Gods will, and the accomplishment thereof, which is not to be resisted or repined at for the satisfaction of our inclination to ease, peace, or rest; upon this account or any other, I beseech you (so long as necessities command you to it) to preserve alway a good Conscience within; for although hopes of Victory without may carry man through great hardships, yet your peace with God reaches up to heaven, and cannot be scaled with Ladders, nor undermined with batteries, being founded upon a Rock, nor starved with famine, a good Conscience being a continuall Feast. Mr. Fuller in his holy War gives this description of a good souldier, That he that is most couragious in War, is quiet and painfull in Peace, and comfortably betakes himself to his calling: The wielding of the sword hath not made his Spirit unwieldy for his private Calling. And I having this opportunity to distribute this mean peece into nnto the World, thought good to offer a Portion amongst you the Honourable Souldiery, as for Edification how you may turn Improvers too, also humbly to desire your assistance in the work so far as in you lieth, to remove some grievances and Impediments of the Common-wealths advantage, largely discovered in the other Epistles, which brevity causes me to omit, and so no more but humbly pray you study how to serve your present generation in extolling Gods glory, endeavouring the common-good, and in the interim abandon privacy of spirit. Remember Christs Counsell, view the promised Land, and rejoyce to think of that day when your swords shall be turned into Ploughshares, your speares into pruning hooks, and Christ only be exalted in the Earth, and you brought back again to sit under your own vines and figtrees, eating the of fruit your own labours, and enjoy one another in Peace; which once accomplished, here is cut out work for you, some to till the Land, and others to feed the Cattell, as from the beginning, so will this be the lasting Improvement. Then will the God of Peace keep them in perfect Peace, whose minds are stayed on him, And Emanuell will break in pieces all that gather against him, which is the Confidence and full Expectance of A true Friend to thee, as thou to all, Thine upon the publique score TO you of all others I might spare this thit paines, you the very practitioners, you that trade in Husbandry, of some of you I have high things to report, both for your industry and activity; and though I am confident all men are thirsty enough after profit and increase, yet few studiously industrious in this design; though some esteem it matter of greatest moment, yet you will not all be found patronizers hereof; there is such a scandall and prejudice among many of you against new projections, that I shall beseech you to take a loving admonition in two or three particulars, The first is an Epidemicall disease (and little less are the succeeding) and it is a great mischief to your selves and the Common-wealth, and that is such an immoderate plowing your land; some plow far more than they can Til or Manure, and others all they have in common, though never so much, others plowing so oft and low, that they draw out the marrow of it, and these are the great Improverishers of your gallant old pasture, though fit enough to plow, & might be best advanced thereby with moderation; but into both these extremes men are so apt to run so fast, that I desire to stop their course a little, and shall make bold to tell them, that when half or one third part of so much land as many of you Till, shall with that very soyl, and half the labour and seed saved, yeeld you as much corn as all that great quantity scramblingly husbanded, that then you are ill husbands; which you wil confess if that you wil but grant me that which no man wil deny, that one Acre purely husbandryed (and what need any be otherwise, or any break up more than he is able well to compass) will be as good as two or three in many mens ordinary practise, but in some of your whole-sale husbandmen that plow all before them, four or five Acres will not ballance one purely husbanded, then judge so much land preserved from impoverishment, so much seed and cost preserved, and yet as great increase, whether the opposite actors be not enemies to themselves, families and Common-wealth. The second abuse is want of good tillage, wee lose our hopes excedingly by this; and herein we must both have respect to season, land, and corn; for good seasons at all times cannot be expected, yet of two evills chuse the least. I am confident better sometimes lose the land, than land, seed, and all your labour, as many do that outslip the season: but for prevention, begin earlier; I am confident though it may admit of some inconveniencies sometimes, yet at other times is out of question, but generally both Summer and Winter seedtime carries it away, sure it hath these advantages, that if it prosper not, you may sow it again, or if the latter part of seed time at Michaelmas time prove wet, you are well, having sowed before, or the latter part of seed-time in the Spring prove dry, as most oft it doth, you have prevented that, and what is the great danger of growing proud in Winter, that is to mee a vertue, and if in the Spring, it is easily taken down also; and if thou fearest weeds, I am of opinion that the stronger and thicker any corn is, it preserves it self the best from weeds; but there is a Medium in all things, too thick sowing may be as bad, but this ever observe, that the earlier thou sowest, the thinner thou maiest sow thy winter corn, and summer too, if the season be good, and land dry and sound: And secondly, to your land you must have respect too, Land in good tilth, in good heart and sound, in a good season, will out-cast its very marrow, through the Lords blessing expect fruit enough: Men much wrong their corn in not giving their Lands sufficient workmanship, I am not precise in the number of Plowing nor Harrowing, but just so much and no more than preserves the Land from weedes, and best brings the land into such a composition that your land mould well. I shall not justify the old Proverb, here, No balkes no corn, I say not balkes, all corn, even cleanly plowing is most commendable and most profitable; to some grain more tilage, to some less is required, yet to none no less than may both cover well and yield good bottome and rooting to the Corn. And thirdly for your Corn, some graines require more tillage, others less; some will better bear a drier season, some a wetter; some grain more subject to one weed than to another, some grain will do best with two summers, and others with one: In all which consider and advise thy self as much as thou canst of the nature of them all, and make out what experiences thou canst thy self, and somewhat incline to the most ingenuous usage and custome of thy Country. In some cases a good custome is instructive; but I'll be brief here, that I may be a little larger elsewhere following. The fourth and last abuse is a calumniating and depraving every new Invention; of this most culpable are your mouldy old leavened husbandmen, who themselves and their forefathers have been accustomed to such a course of husbandry as they will practise, and no other, their resolution is so fixed, no issues or events whatsoever shall change them, if their neighbour hath as much corn of one Acre as they of two upon the same land, or if another plow the same land for strength and nature, with two horses and one man, as well as he, and have as good corn, as he hath been used with four horse and two men, yet so he will continue: Or if an Improvement be discovered to him and all his neighbours, hee'l oppose it and degrade it; What forsooth saith he, who taught you more wit than your forefathers, would they have neglected so great advantage if there had been any? they kept good hospitality, and made shift to breed up many children, &c. and I know not what simple chaff to blind themselves; this proud unteachable spirit an ingenious man abhorrs, which banes and poysons the very plenty of our Nation. These prejudices both upon your minds and practises which boult you out from wealth and glory, my dear friends and fellow husbandmen, I pray you lay aside, and doe but in charity walk with me a little through this discourse, and I shall hope to satisfy that there is no other end but common good proposed, The poor, thy posterity, and all Interest advantage here intended by him that is as studious of thine, the Common wealths Improvement, as his own.

Economy

To the Right Honorable the Lord Generall Cromwell, and the Right Honorable the Lord President, and the rest of that most Honorable Society of the Councill of STATE.

The English improver improved or the Survey of husbandry surveyed [...]

EcB1660

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 3. 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 100l. 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. This may be done, so as all fraudulent Conveyances may be prevented, and yet no mans Estate be discovered more than at present: For if the propriety be found to be in A by the Register, its 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. 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 4. per cent. per ann. quarterly into the said Office. 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. 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 20l. 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. 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 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 Bottomree, 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 be 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 Holland, 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 two Millions herein mentioned, is intended for the payment of all such as desire their money out of Banke, for its 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 credit the Banke, that most will keep their Cash therein for their own advantage. 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. In this way the Banke will not be prejudiced for want of money, but be supplied with Bills, which may by 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. 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 10s. 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 foundation foundati of 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. 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 in 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 6 per cent. amounts unto by computation yearly two millions; and when to be had at 4 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 4 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 4 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 10s. 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 pounds 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 pound 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. 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 by 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 its found a burthen on Trade, if this Revenue (or profit of these Bankes) doth amount unto but the one sixt part of the summe estimated; so that England will flourish under a free Trade, to the 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 foreign parts, or in forreign Bankes to buy any commodity there without money, as well or better than with money, and upon as good terms as 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. 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 the 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. 1. 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 sailed by English Marriners. 2. 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. 3. 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. 4. 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. 5. 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. 6. By Constituting a Court of Merchants, where all Merchants and Merchant-like causes and differences may be Summarily decided. 7. 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. 8. By taking away 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 officers,) it being but a small advance to the revenue, and an intollerable burthen on Trade, in the way its now managed. 9. 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. 10. By granting a free Transportation of forragin 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, submitting 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 175000l. per annum , and the granting a free Transportation thereof, 19000l. per annum , which is in all 194000l. per annum , which doth cost in managing 35000l. per annum , so the real decrease is but 159000l. 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 its 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.

Economy

AN EXPEDIENT For taking away all Impositions, and raising a Revenue without TAXES, By Erecting Bankes for the Encouragement of TRADE.

An expedient for taking away all impositions, and for raising a revenue without taxes [...]

EcB1676

IN your last, I received two Letters in Print, Concerning the East-IndiaCompany; which, considering that you have been acquainted, how great a part of my Estate is entrusted to that Society, I cannot but take it as a Friendly Advertisement; for which, be pleased to accept my Hearty Thanks. And I assure you, whatever my Sentiments are of the affair, I do and shall own it for an evident Demonstration of your Affection, that in the midst of your great Affairs, you should be so mindfull of my Concerns. I have perused the said Letters, and can see no reason to believe that such Discourses should be published by any person whose Estate was entrusted to the said Company; or that had any real desire of receiving or giving satisfaction concerning the security of Money lent to them. No Creditor can be supposed to act so contrary to his own interest, as to make it his endeavour to weaken or lessen his security, by Exposing and Ruining his Debtors Credit; or teaching him a way to defraud himself, which is the Language of those Papers. It must therefore be some other Person then a Creditor, and some other Design than a doubt about Security, that occasioned the Publishing these Letters. There hath been a report that the Dutch had in Design to propose at the Treaty at Nimegen, a Restraint of the Importation of Callico into Europe, because it hinders the consumption of French, Holland, Flanders, and German Linnens: And lately some here did Decry the East-India-Company and Trade, because Callico (as they said) hindred the vent of Fustians and some other Native Manufactures. These corresponding so exactly, give ground to think they proceed from the same Councell, and the Authour of these Letters may be of that Caball. He first endeavours to destroy the Credit of the Company, by telling us, That their Seal is less security, than the word of any one sufficient man among them; for that not any one of the Companies Persons or Estates, (he meanes beside what is in the joynt stock of the Company) whether Real or Personal is thereby bound, neither can any of them be arrested or impleaded by virtue thereof, Who is there so ignorant, but knowes this? though the Gentleman supposeth all are such Fools, that have lent money to the Company, that they were like fish drawn into the Net, by vainly imagining that every member in the Company in his Particular and Private capacity was bound to answer for the same. I dare say not one of forty that have lent money to the Company thought so. I have heard indeed of one that had a considerable summe there, who upon the advice of some Councel of this Gentlemans Capacity, demanded his money, which being presently paid him by the East-India-Company, he lodged it in Lombardstreet, where it lyes (and is like to ly) till the opening of the Exchequer. I suppose he rendered the Gentleman no thanks for his advice, nor accounts himself the wiser man for following it. If it be seriously considered, on what grounds, persons have chosen to put their money into the East-India-Companies hands, rather than to entrust it elsewhere; it will appear they were no such Fools, as they are character'd for, nor the Security so slight, as the Gentleman would have us believe it to be. The Gentleman preferrs a sufficient mans word, (I will suppose his bond which is more valid, in regard of the uncertainty of life.) It's difficult to know who is sufficient; all is not Gold that glisters, nor every man sufficient that is thought so. If he be sufficient when you lend the money, who can assure himself, he will Continue either sufficient, or honest. Men are changeable, and their Estates subject to accidents. Doth not experience evidence, that losses at sea, losses by fire, losses by bad debts, and other Casualties, have rendred Persons insolvent, that had great Estates and Credit, as also that sometimes Persons have purchased lands in their Childrens names, and otherwise so conveyed away their Estates, that their Creditors could never reach them; and if they seize their Persons they can live in the Rules, and laugh at their Creditors. As for lending money on Mortgages and real security, which is esteemed the best security; Is it not very troublesome to attend on Councell, to examine Titles, to make Conveyances? And when all is done with the greatest advice and circumspection; is it not very hazardous, in regard of bad Titles, Dormant Conveyances, and Precontracts? can the most eminent and subtile Lawyers secure themselves? have not some of them been over-reached? And sometimes when the security is good as to the main; yet what difficulty, trouble, and vexation is there to arrive at satisfaction, by attending long Sutes in Chancery, accounting for profits, The Creditor being oftentimes made the Debtors steward, and that without Salary or Compensation for his pains. And on such Securities who can depend on his money to answer his Occasions. If he have a Daughter to Marry, a Son to preferre in Trade, or a Purchase to make, all his designs are frustrated, His money being (if not in Hell unretreivable, yet) in Purgatory, whence it cannot be delivered but in a long Tract of time, and that by patient undergoing the smarting Torment of Tedious and Chargeable Sutes. It must be acknowledged, that there is no absolute certainty or assurance of any thing in this World; and whoever believes otherwise, is gone beyond the bounds of Reason and Religion; and fit only to reside in the new Palace in Moorfields. All that can be desired in the putting out of money, is to have a visible fond engaged, that is morally (not only at the time of lending) most sufficient to secure it, but also in probability most likely to continue so, and to answer the Occasions of the Lender. 1. Then, They that lend Money to the East India-Company, on their Common Seal, have a visible fond engaged that is sufficient to secure the same. Though the Members of the Company are neither responsible in their Persons, nor private Estates for what is taken up thereupon, yet all the Moneys, Goods, and Effects belonging to the Joynt stock of the Company are engaged, as the Gentleman himself is necessitated to acknowledge. His insinuations concerning the case of the Merchant-Adventurers, and Grocers Company, are not to the purpose; those Companies never had any Joint-stock, as a visible fund to secure what they borrowed, but were trusted upon their bare Reputation and Credit. It is farre otherwise here. Suppose there hath been lent to the East-India-Company 5 or 600 thousand pound, the Lenders either do or might know, that there is in the Joint-stock of the said Company in real value upwards of 900 thousand pound, (I may say a Million of pounds sterling) besides their dead stock, which is also considerable. All which, being together a Million and Half of pounds sterling, stands by their Common Seal bound and engaged to pay their Creditors. The Gentleman doth Ignorantly, if not Malitiously assert, pag. 4. That the East-India-Company trades wholly with their Creditors Money, and that it's seldome that they have above 600 thousand pounds in value in their India Factories, and on the Seas at the same time. To demonstrate the falsity of which, take but an account of what they sent out this last year, and it will be found to be upwards of 450 thousand pounds: And to that adde the value of the 3 Ships already arrived this year from Bantam; and the 5 Ships from Surrat; with the other 6 or 7 Ships expected from the Coast Surrat and Bantam, which will amount at least to 800 thousand pounds (and as Sales may prove, to a great deal more) so that there appears to have been above 12 hundred thousand pounds value on the Seas at one time, beside all the remains of Goods and Debts in India and in England. There being then such a stock, it cannot be denyed but that there is a visible and sufficient fond to secure the Creditors the Moneys that they have lent. But the Gentleman tells us, pag. 4. The Indians or Infidels may destroy their Factories, and Goods in India; their Ships and Cargo's may be lost or taken in Warr, or by Pirates, and the Company may make a Divident to secure their own Estates, and leave the Creditors to find a thing in the Clouds. Therefore it will be necessary in the next place to evidence that the joynt stock of the East-India-Company is on Morall and Rational grounds, most likely to continue sufficient to secure the moneys lent thereupon. That which might render it insufficient according to the Gentlemans suggestions, is either losses arriving from Forreign accidents, or dishonest practices either by concealment, or by making dividents of the stock amongst the Members of the Company, without regard to the payment of the Debtors. 1. As to Casualties, whereby losses may happen to the stock; The Gentleman mentions a Concatenation of Evils, Destruction from the Indians, Losses by Stormes, by War and by Pirates. Should we wrack our fancies to find out, and then suffer our thoughts to dwell on the consideration of the accidents that may fall out in Humane affaires, we should never enjoy quiet in our Mindes; or else we should be deterred from resolving or setting upon any affair. For as the wise man tells us, He that observes the Wind shall shalll not Sow, and he that regardeth the Clouds shall not Reap. It is sufficient, that we take the most probable ways of Security, and leave the rest to Divine Providence. Now if we consider the affaires of the East-India-Company without prejudice, we cannot but conclude that their stock of 1600 thousand pounds, will always be sufficient to answer 600 thousand pounds. For the whole at no time, is hazarded in one bottom, as it often falls out in private mens dealings; Some part is in England in Goods and Debts, some part in India in Trade and Voyages, and some part is at Sea, Going and Coming; not in one Ship but in 30 Ships or more, not in one Course or Voyage, but in several: So that though a loss should happen to some part, yet in the ordinary course of providence, there is Rational ground to believe there would be alwayes enough preserved to answer the Engagements. 2dly. As to dishonest practices, is it Rationally to be supposed that a Number of men can so easily engage in wicked and cheating actions? The Government of the East-India stock is committed to 26 Persons, and no Affair can be Transacted without 13, so that if the Major part be Persons of Honesty and Conscience, you are secure; nothing can be done unworthily. Yea if there should be but one Honest man of 13, yet you are sure, seeing such an act of knavery, as would defraud the Creditors, would be detected. The Gentleman tell us, (pag. 3.) You may sue the Company on their common Seal, and have Execution against their Goods, but then asks where shall you find the Goods of the Company to pay 5s. in the pound: and withall addes, That were there Goods of a greater value, the Company may divide them amongst themselves, and so the Creditors have never a penny, unless they can catch it in the Indies. Since the Establishment of the East-India Company in this present joynt-stock, which is now neer nineteen years, was ever any person that lent Money to the Company on their common Seal, forced to sue them? Have not all men been payd their Money readily whenever they demanded it? How is it possible that the Companyes goods should be concealed, that must pass through so many hands, and are in such vast quantities, and of such sorts as may easily be distinguished from others? It hath been formerly a Maxim amongst the Committee of that Company (as I have heard) never to take up more money at Interest, than they had reall Effects in England, in Debts or Goods to satisfie. If for the last two years they have exceeded, to expatiate and extend the Trade for the Benefit of the Kingdom; It is however but for a very small time that it is otherwise, for at the arrival of their Ships from India in June, July, and August, they have constantly a vast Estate in England over and above what will answer all their Debts. And if there be not alwayes so much at the latter end of March, when their Ships are dispeeded for India; in a few months after, when the former years Ships return, there is an abundant abuudant Surplusage. So that if it should fall out (which never yet hath done, nor is it probable it should) that any person should sue the Company for Money lent them at Interest on their common Seal, and Execution against their Goods should be obtained, I say in such a Case every person concerned, might easily and without any difficulty find Effects in England, to discharge all he can claim or challenge, nor is he left to find a thing in the Clouds, nor yet send to India to catch it; which Expressions the Gentleman might well have spared. That the Company should make a Divident among themselves of their Goods and Estate, to defraud their Creditors, is not onely very uncharitably, but also very irrationally suggested. No Dividend can be made but by the Committee which (as before noted) consists of 26 Persons, and those (or at least most of them) of the best Reputation for honesty and integrity in the City of London, and can it be in Charity supposed, that they would joyn in such an Act? I am confident they do abominate the thoughts of it. Besides it is not in the power of the Committee, according to their Constitution, to make any Dividend in Goods. All Dividends are to be made in Money, and Goods are not to be sold by private Contract, but at a publick Sale. So that it is impossible, according to the present Rules and constitution of the Company, that any Dividend can be made to the prejudice of the Creditors, but they must have sufficient notice thereof, and may secure themselves. But could it be imagined, that such Dividends might be made, and that the Committee should so far degenerate from all Principles of Honesty, yet notwithstanding what the Gentleman insinuates, viz. That this might be done so as to leave the Creditor remediless in Law, I cannot believe, but rather think, the Gentleman is mistaken, and that he hath not well studied or considered the Case. N. lends 1000l. to the East-India Company on their common Seal, on this ground, that there is at that time a joynt-stock of the Companyes, of the value of 900 thousand pounds to secure and answer his Debt; the Committee divide this Stock of 900 thousand pounds (after the lending of the Money) amongst themselves and other the Members of the Company: I now enquire, whether the Committee that made this Divident, be not in their own Persons and Estates obliged in Law or Equity to answer the Debt to N. For N. did not trust his Money on a vain Fancy, that the individual Members of the Company were in their private Capacities obliged to respond for his Money, but on this Foundation, That the joint-stock of the Company was to be his Security and guarant. This joint-stock was entrusted into the hands of the Committee to manage for the Benefit of the Adventurers, before they took up Money at Interest; but when they had taken up Money at Interest, then the joynt-stock is in the hands of the Committee in trust, in the first place to answer and satisfie the moneys taken up at Interest: So that now the Committee are Trustees for N. till his Debt be payd. If Losses and Accidents in the Course of Trade should render the Stock incapable to answer the money to N. he must be content to sit down by the loss; but if the Committee by any wilfull act of theirs dispose of the Stock, and convert it to their private use, before they have payd N, they are guilty of breach of trust, and thereby have rendred themselves answerable in their own private capacities to make satisfaction to N. This was the opinion of one of the most eminent and famous Lawyers of his time; (Serjeant Glyn;) and it seems so rational, that I am easily perswaded to believe it to be so. And were it but a doubtfull Case, would it not be a most imprudent act of the Committee, to divide the Stock among the Members of the Company, and expose themselves in their own private capacities and Estates to answer the Creditors, or at least to be liable to Suits and Molestations. As to what the Gentleman observes, (p. 4.) That the King who impowered the Company to use a common Seal, thought it not sufficient security for his Customs: But provided in their Patent that they should give good and sufficient bond with surety for the payment thereof. However, whether it be so, or no, in the Patent, I know not; But this I'm well assured of, that it serves little to the purpose he intends it; it being evident that those words were not inserted out of any doubt that either the King or his Ministers had of the Companyes security by their commonSeal, but put in as words of course, a form usual in such cases, for that the Kings Officers have never refused, but alwayes readily accepted the Companyes Obligation by their common Seal, for the payment of the Customs. The Gentleman believes, as he tells us, (pag. 5.) That the Company had never been such Bankers, as to have deserved Court Letters about their Officers, if they had given Bond with Sureties for the Money they have borrowed. (p. 2.) It seems what passed between the Court and the Company, was not such a Noli me tangere , but he would have one fling at it. To this he subjoyns a foolish insignificant pity, in reference to the Lombard-street Bankers, to which I say, that as I leave him to his own belief, so for his pity, I am sure I shall never need it, upon the account of lending my money to the Company. Nor did the Gentlemans Friend deserve a reproof, for not advising with him before he parted with his money to the Company, though he might have had it so unusually cheap. For he may (if he have not already) receive his money from the Company when he pleaseth: But when he hath so done, he will be at a loss to find where he may place it upon such rational grounds for security, it being evident by what hath been said, That there is such a visible Fond engaged by the Companyes Seal, that is not onely more sufficient at present, but also more likely to continue so, to answer the Occasions of the Lender, than is any where else at this time in England. The Gentleman in the next place, that he may affectually carry on his Design, having insinuated p. 5. That the Company hath no firm legal Foundation, and so was in no probability of standing, gives us a Transcript of some Clauses in the Companies Charter, and then takes the liberty to arraign the Kings Grant; Calls it a Monopoly, and a Monopoly of Monopolies; Quotes the Statute of 21 Jac. cap. 3. cites some Law-cases; talks of Turkish and French Vassals; tells us, that he wonders, yea protests that he is astonished, to think how any durst draw such a patent; To omit other expressions of the like, if not a worse complexion. It would be improper for me, who you know am no Lawyer, to take upon me to answer these matters. The Gentleman is pleased to name Mr. Solliciter, and Mr. Attorney General, and they are able to do it to purpose. However I am perswaded, notwithstanding notwlthstanding all the bluster and noise he makes, his zeal in the Design (rather than in his profession) hath carried him beyond his understanding, and that he is mistaken in the whole matter. He quotes the Statute of 21 Jac. c. 3. as the Devil doth Scripture by halfes; for in the said Statute it is thus expressed. Provided also, and it is hereby further intended, declared, and enacted, that this Act, or any thing therein contained, shall not in any wise extend, or be prejudiciall to the City of London, or to any City, Burrough, or Town Corporate within this Realm, for or concerning any Grants, Charters, or Letters Patents, to them or any of them, made or granted, or for or concerning, any Custome or Customes, used by or within them or any of them, Or to any Corporations or Fellowships of any Art Occupation or Mystery, or to any Companies or Societies of Merchants within this Realm, Erected for the Maintenance, Enlargement, or Ordering of any Trade of Merchandise. But that the same Charters, Customes, Corporations, Companies, Fellowships and Societies, and their Liberties, Priviledges, Powers and Immunities, shall be, and continue of such Force and Effect, as they were before the making of the Act, and of none other, Any thing before in this Act contained to the contrary in any wise notwithstanding. At the time of the making that Act, the East India-Company was in being, by virtue of a Charter granted to them by King James not much differing from the present Patent (as I am informed,) And by the abovesaid proviso, the Parliament did Confirme and Allow, rather than Censure the same. The Gentleman gives us a Definition of a Monopoly, and then tells us (pag. 6.) the Statute provides that all Persons, Bodies Politick and Corporate, which then were or thence after should be, should stand, and be disabled, to have use, or exercise, or put in use any such Monopolies. The word such, is not in the Statute in that place; and if we take the subsequent words in that Statute, to Define or Explain what a Monopoly is; It refers only to matters within the Realm, which will not concern the present case. But suppose the Definition the Gentleman gives of a Monopoly were as he expresseth it (by the Law-books) to be an institution or Allowance, by the King, by his Grant, Commission or otherwise, to any Person, Body Politick or Corporate, of or for the only buying, selling, or using of any thing, whereby any Person or Persons are sought to be restrained of any Freedome or Liberty which they had before, or hindred in their lawfull Trade and Traffick. May we not understand this to be within the Kingdome onely, for can any Subject of England lawfully Trade or Traffick with any Forrein Nation, without the allowance of the King, who hath the undoubted Prerogative of making War and Peace, upon which the same depends. I shall readily grant that as the King is Common Father of all his Subjects, so his Care and Protection of, and Provision for them, is in the General Equally and Indifferently to be extended. But in some Cases, and under some Circumstances, hath not his Majesty a Prerogative (nay, ought he not on the same right of Fatherhood) as to prefer the General Benefit, to that of Particular; so sometimes to extend speciall Priviledges and Grants to some Particulars for the General Benefit, though other particulars may seem to receive prejudice thereby? Is not this the case of most of the Corporations in England? which yet neither our Barrister nor any other will account Monopolies. And that this is also the case of the East-India Trade, will appear when it is considered, that this Trade is not to be managed and carried on for the General Benefit and Profit of the Kingdom, so well in any other way as by a Company in a Joint-stock. Besides, if a Monopoly be a restraining of Persons from the freedome or Liberty they had before: I ask whether ever the People generally had the Freedome and Liberty of the East-India Trade? Except it was in the late unhappy times from 1653 to 1657? In which little time the Trade was almost totally ruined as to the Nation, The Experience whereof necessitated the then Powers, with the universall good liking and approbation of all persons, to resettle the Company. Suppose a Countrey that was undiscovered, or a Countrey that for the difficulty of passage to it, or chargeableness and hazard of the adventure, no Euglish had traded to formerly; and that some English men at their own Hazard and Charges should discover the One, Purchase land of the Natives, Settle a Collony, and Establish a Trade; and on the Other after great hazards and Adventures, with vast Charges and Expences, arrive to the knowledge of a profitable Trade, and by presents obtain Liberty of Trade from the Prince of such a Countrey, Peculiarly for Themselves and their Assigns: May not the King by his Prerogative Confirm those Capitulations, and grant the Priviledge of the Trade to the Discoverers and Adventurers, and their Successors, thereby to encourage others to the like Noble undertakings, for the Generall good of his Kingdome? How could such a Grant be within the Compass of a Monopoly, Since no English man was denied or debarred of any Liberty that he before exercised or enjoy'd? Is there any thing more reasonable, than that they who at a vast Charge, with great Hazard and Difficulty purchased a trade, should have the enjoyment of it? Shall not he that planteth a Vineyard eat the fruit thereof? And what can be more unjust than that another should come in and reap the fruits of my Atchievements, that was either idle, ignorant, or afraid; that knew not, would not, or durst not adventure to obtain the same? May there not be a right of Propriety in a Trade, as well as in Lands and Houses? This is the Case of the East-India Company in a great measure. Further, Suppose there be a known Trade, that may be very advantageous to the Kingdom, and that for the obtaining and settling, and carrying on of which there is a necessity to be at a vast Expence, to settle and keep Factories and Agents in several places, and with several Princes, and on Occasion by Warre to force those Princes to perform their Capitulations, and to erect Forts and maintain Garrisons for security of the Trade, as also to cope with and prevent the designs of Enemies that would debarre the English of such a Trade; all which could not be done, but on a publick Charge of the Nation by some General Tax, or by some United Body of Men encouraged to undertake the same by special Priviledges and Immunities, granted to them and their Successors; Suppose I say in such a Case that the King, to compass the obtaining and carrying on of such a Trade for the General benefit of his Kingdom, without a Tax on his People, should propose to give andgrant to all his Subjects, that would voluntarily unite their Stocks in such an Affair, certain Priviledges and Immunities, and amongst others the sole enjoyment of the Trade of such places to them and theirs, excluding all others that should refuse to joyn therein. On such an Invitation and Proposal freely offered to all without exception, onely a certain number of Persons come in, Accept the Terms, and receive the Grant confirmed and settled, under the Broad-Seal of England. In some Process of time, after great hazards and vast Expences to the Undertakers and Adventurers, the Trade proving more advantageous and profitable to the particulars interessed, than at first was apprehended it would; Those others that would not intermeddle at first, make great exclamations because they are excluded, Crye out a Monopoly, a restraining the Subject the freedom and liberty of Trade. Have they any reason so to doe? was not the fault their own? It was freely tendred to them, they had the liberty to have come in on the same terms that others did: Shall they that voluntarily excluded themselves, be angry that they are excluded, and charge it as a Crime either on the King that invited them, or on their fellow-Subjects that would at first have been glad of their assistance? Is not this most unjust and unreasonable? This is the Case of those that so highly exclaim against the EastIndia Company, which I suppose being rightly understood, the Companyes Charter will not deserve the name of a Monopoly; nor shall the Companyes Creditors need to fear that the Company should be rendered Insufficient to pay their Debts, by being condemn'd in Treble dammages, or fined at the Common Laws for accepting such a Patent, (p. 9.) to which our Barrister, without understanding, (if not without consulting his Books) thinks them lyable. The Gentleman in the close of his Letter would insinuate, that the East-India Trade is of no Benefit to the Nation, and if it were, yet that it might be more advantageously mannaged than by a Company in a Joynt-Stock. This I guess to be his meaning, but lest I should mistake, I will repeat his own words, pag. 10. I that am no Trader know that the Parliament could, if it be an usefull Trade to England, (which I am no proper Judge of) have established legally such Rules whereby the Trade, might have been managed, and Factories, Forts, and Castles maintained; and the liberty of Trade might have been preserved to every English-man, and five times the trade gained, and the price of our own Manufactures of Cloath and others advanced, by the multitude and freedom of Buyers; and the price of the goods imported much lessened to the English, and much more Trade with these Commodities gained into other parts of the World. An Instance of this is well known in the Turkey Company, where no Merchant can be excluded or denyed to trade with their particular Stock; yet the same pretence might have been for restraint, that some do vainly suggest in this. Who is so bold as blind Bayard? they that know least, are apt to think they know most. Ignorance and Confidence are often Companions. The Gentleman tells us, though he be no Trader, yet he knows. what doth he know? he doth not know whether the Trade to the EastIndies be an useful Trade to England; that he is not a proper Judge of, as he saith. He might with little study or observation have known, that it's a Trade all Nations have and do court at the highest rate: A Trade that the Dutch have adventured their All to purchase; A Trade which as it is carryed on onely by a Company in the way of Joynt-stock, so the gain thereby accrewing, maintains the Republick in Honour, Power, and Opulency; A Trade whereby they have so encreased to Riches and Strength, as almost to become Masters of the World: A Trade wherein the English Company employ and maintain above forty Ships, from 3 to 500 Tuns, and upwards of 3000 Sea-men; a Trade that supplyes the Nation with necessary Commodities, at a tenth part of the price the Nation must otherwise pay for them. Pepper would be as dear as Nutmegs, if the Dutch were sole Masters of it; Callico must be supplyed by French, Dutch and Flanders Linnen; A Trade that makes us Masters of the Salt-petre, enables us to defend our selves, frees our houses from those Vermin, (the Salt-petre-men) that dug up our roomes; A Trade that upholds our forreign Trades, by bringing us Commodities to carry abroad to France, Spain, Italy, and Turkey, to a farther increase of our Navigation. A Trade that besides the Customes to his Majesty, which are very considerable, brings an Annual Addition, of several 100000 pounds to the real Stock of the Kingdom. There are besides these, divers other advantages, too many to enumerate. All this is so perspicuous, that the Gentleman might easily have discerned it, were his sight clear, and not clouded by prejudice, or obstructed by the intervention of some private (if not forrein) interest. But though he knows not whether the Trade be usefull for England, yet he knows if it were, the Parliament could have established such rules, &c. Excellent! how comes it to pass the Parliament hath not done it all this while? The Reason is suggested, It was not an usefull trade for England. But might it not have been made an usefull Trade, If such Rules had been made to have gained 5 times the Trade, to have advanced the price of our Manufactures, and lessened the price of Goods imported, and have gained much more trade into other parts of the World? Certainly the Parliament hath not been of the Gentlemans mind, neither to have Judged the Trade useless, For then they would have put it down; Nor yet to think that such Rules as he Imagines could have been made to effect what he fancies, for then they would have established them. The Gentleman might have done well for the Benefit of his Countrey (if he intended it) to have suggested (if he could) what these Rules were, that they might have been considered; and till he declares what Rules he means, I can make no other construction of his words, than that he knows that the Parliament, could have made such Rules, though he knows not what. I Readily grant, the Parliament, (which is the Wisdome, and Supream Authority of the Nation) can and will make all necessary rules for the good of the Kingdome, and to say such Rules could have been made and yet never were, (though many Parliaments have been since the first Establishment of the East-India Trade) seems too much to reflect on that great Assembly. The Gentleman tells us, an instance of this is well known in the Turkey Company. An Instance of what? that the Parliament could have Established such Rules as to have gained 5 times, the East-India Trade? sure that cannot be the meaning; the Parliament having never made any Rules, much less such Rules for the Turkey Company. The Gentleman sure was so astonished, that he was in a Labyrinth, and lost his senses. To help him therefore out, though this be no Instance of the Parliaments making Rules, yet may it not be an Instance, that if the East-India Company did admit all Merchants to trade with their particular Stocks, (as he saith the Turkey Company do, though therein he mistakes; for its only their own Members that have liberty,) it would have increased and augmented the East-India Trade five times more than now it is? This certainly must be the thing he intended, yet I cannot find how it is an instance. The Turkey Company never were in a Joynt-stock (that not being so necessary and suitable to that Trade) so it could never be known what Increase the alteration from one to the other would have made; and it is evident, that the East-India Trade hath been more increased and inlarged within these few years under a Joynt-stock, than the Turkey-trade hath been under a Regulation. It is also certain (as before noted) that the East-India Trade in three or four years time of open Trade was almost totally ruined, and could not have been upheld so much to the Interest and Benefit of the Kingdom, unless it had been reduced into a Company, and Joynt-stock. The Inconsistency of maintaining and carrying on the East-India trade in a Regulation without a Company and a Joynt-stock, the great mischief and ruine it might be to the Kingdom, both in point of Wealth and Strength (which includes all,) If we should lose or be cheated of that Trade, and what may be further done for the securing and augmenting of it, are Subjects would require larger Discourses than my time at present will admit of. I hope, Sir, what I have said, may be enough to satisfie you, that the Joynt-stock of the East-India Company is a sufficient security, and that the said Company is neither so obnoxious, nor my self or others that have lent Money to them, so ill advised, as the Gentleman in his Letter would insinuate. This is all I intended in answer to yours. Bristoll the 30 June, 1676.

Economy

An Answer to Two Letters, Concerning the East-India Company.

EcB1681

BEfore I enter upon the particular proof of the Propositions in the Frontispiece, I shall desire the Readers leave to mention some few general Opinions of my own concerning Trade, which I have long since entertained; and the older I grow in Experience, the more I am confirmed in them. I shall now return to what was proposed to be proved in the Title page, viz. BEfore I engage into the Discourse of Objections against the present East-India Company, I shall not stick to declare (though it be against the Sense of most of the now Adventurers) that in my judgment I am for a New Stock, provided we can come honestly by it, that is, without Injustice to the new Adventurers (who will be found to have deserved worthily of their Countrey, when their Actions and Themselves shall come to be impartially considered) and without Detriment to the Kingdom in general. Which notwithstanding is a Matter of great difficulty; it being in Trade, as with Trees; great care is to be taken in removing an old one, least upon the removal it die, or at least suffer a shrewd stunt. Yet if the Wisdom of our Nation in that august Assembly of Parliament, now convened, shall incline to any alteration of the present Constitution, I think this time may be as opportune as any. 1st. Because our Neighbours are not now at leasure (the French being very low in India and the Dutch not altogether so Rampant as formerly) to make their Advantage of our Unsettlement, during the Transition from one Stock to another. 2ly. Because the Profits of the East-India Trade were never so much cried up as now they are: So that, I hope, the Subscriptions may prove the larger to the ensuing Stock. And yet I must desire to be excused, if I think those that complain most of the Old, will not be found the forwardest Subscribers to a New Stock. 3ly. Because when we tell Gentlemen or others, they may buy Stock, and come into the Company when they please: They presently reply, They know that, but then they must pay 280l. for 100l. And when we say the intrinsic Value is worth so much; which is as true as 2 and 2 makes 4, yet it is not so soon Demonstrated to their apprehensions, notwithstanding it is no hard task to make out, that the quick Stock of the English East-India Company is at this time more than the Dutch quick Stock proportionable to their respective first Subscriptions; and yet their Actions now are currant at 440l. or 450l. per Cent. In truth, I that have reason to inspect and know as much of it as any Man, had rather buy in this Stock, now it is, at 300l. for 100l. then come into any New Stock at even Money. Therefore, for general satisfaction, I could wish the Experiment of a New Subscription were tried. 4ly. If a New Stock were now establish'd, to please the Generality of the Kingdom, I should not despair but that such New Stock would have a Parliamentary Sanction; which this only wants, to be as strong in its Foundation, as it is in all other Nations; and which being obtained, I am persuaded would in less than an Age, render his Majesty as indubitably Sovereign of the Ocean, as he is now of Great Britain, and Ireland, and the Seas adjacent. 5ly. If an English Company were settled upon such a Foundation, there would be more Encouragement to maintain and defend some Trades by Arms, which cannot otherwise be enjoyed or secured: Which no Company built upon an uncertain Basis, can be supposed to adventure the Charge or Hazard of; while they are not sure to enjoy their Acquests in case of Success. But to return to my Theme, and muster up all the Objections I can remember to have heard against the present Company. Answ. I never knew them take any Fine or Forfeiture, but what any man might do in the same case, without a Charter: What they do take in any case, being either by submission of the party, by agreement with the Master and Owners in Charterparty, or by Arbitrations; and always in pursuance of Legal Obligations, sealed and delivered. The manner whereof is briefly this: They agree with all their Factors and Servants, and also with Masters of Ships, before they entertain them into their Service, that they shall not carry or bring home prohibited Goods; and if they do, they shall subduct out of their Freight a certain rate for each piece or sort of prohibited Commodities: which they do accordingly subduct out of the Freight; which in effect is from themselves: for most of the Owners of the Ships, imployed by the Company, are East-India Adventures: Which I know by experience, being a Part-Owner my self of a considerable number of Ships, employed by them. And yet, to do the Company right, I must acknowledge that the Ships imployed by them (such deductions notwithstanding) make better Voyages and gain more Money for their Owners, than any Ships whatsoever, that sail out of England: And the Commanders and Officers of such Ships, generally grow much richer in a short time, than any others, of any Trade or Nation whatsoever. And so indulgent are the Company to common Seamen, that they allow every Man or Boy that will, in their several Ships, to bring 5 pieces free of stated Damage, erroneously called Mulct. And if any Seaman happen to bring 10 or 15 Pieces, the Committees entrusted with that Affair, commonly stretch that Order to the allowing the Seaman 5 Pieces for himself, 5 Pieces for his Wife, and 5 Pieces for his Child, if he have any; and if he have none, they usually ask the party whether he have not a Father, Mother, or other Relation: so that they invent ways to favour him, above the Companies Rule afore-said, of only 5 Pieces to one Person. To encourage likewise the importation of Gold from China, from whence small quantities do come every year, and very great quantities will come in a few years; the Company do not only permit the entrance of it free of stated Damage, but give the Fraight of it gratis. The Company do likewise allow to all their Commanders, President, Agents, Factors and Servants, all kind of Trade in India, from and to any Port or Place within the Limits of their Charter, except to and from Europe: Whereas on the contrary the Dutch, tho they are a People known to be as tenacious and as obstinate defenders of their Liberty, as any People in Europe, do restrain all those that serve them in India, from all the most profitable trades from place to place, within the limits of their Charter; and indulge no kind of private or permissive trade whatsoever, to or from Europe. Now let any indifferent Man judge, besides that whatever the Company doth in the case of stated Damages, every private man may do, that can Freight a whole Ship by himself and Partners; whether it be not highly reasonable, that seeing the Company are at above 100000l. yearly charge in East-India and England, that whoever participates of that Trade, should proportionably contribute to the Expences that necessarily attend the preservation of it. Answ. This is a meer groundless Chimæra, and will appear so, if the old Mint-Master as well as the new ones, be Examined. The proportion of Coinage (except when we Coined the King of Spains Money for his Wars in Flanders) having generally in my observation, born a proportion to, and followed the Price of Corn in England; viz. when Corn was dear, we had little Coinage; in all cheap years of Corn, the Mint hath been greatly supplied. I can remember no more Objections against the EastIndia Company or Trade, and therefore must proceed to the next particular, viz. THe first part of this Proposition is meerly Historical; and so well known to all that look beyond the present Age we live in, that the proof of it will require little pains. While the Spaniards had Portugal, and with it the Trade of India, they were able to invade England with a Navy, by them called Invincible: and so it was, as to mans understanding, if the strength of it be barely considered; but their Skill was not good, nor their Ships of a Fabrick fit for our Seas: their Cause was naught, and the Providence of Almighty God blasted them. The Dutch, since the Portugals sunk in the East-India Trade, have grown so potent in and by the Trade of the Indies, that they have in three great and bloody Wars, contended with us for the Dominion of the Sea; and yet secretly do not allow us the predominancy. Tho they are not now at leisure to try the fourth War for it, yet if through the folly or madness of a few unthinking or self-interested men, we should deprive our selves of the Trade of the East-Indies (which God in mercy to England forbid) we should certainly save them the experiment of fighting with us the fourth time. They would carry the Dominion of the Sea clear, and hold it for ever; or until their Common-wealth should be destroyed by Land force, or intestine Broils. If any man shall say, Why then? Are the EastIndia Ships of such a mighty auxiliary Force, that without their aid we cannot over-ballance the Dutch in Naval Power? I answer, Those Ships, and the Men in them, are of very great Force; as will hereafter appear. But he that looks no further than into the bare force of the Ships and Men now employed by the Company, doth not see the tenth part of the way into this great Business: For if we should throw off the East-India Trade, the Dutch would soon treble their strength and power in India, and quickly subdue all other European Nations in that Trade; as they lately did the French, notwithstanding their great strength at Home; and have since, I hear, quarrelled the Danes. By means whereof they would become sole Masters of all those rich and necessary Commodities of the East; and make the European World pay five times more for them, than now they do; as they have already done by Cloves, Mace, Cinnamon, and Nutmegs. Which would so vastly encrease their Riches, as to render them irresistible. All Wars at Sea, and in some sense Land-Wars, since the Artillery used, is become so chargeable, being in effect but dropping of Doits; that Nation that can spend most and hold out longest, will carry the Victory at last, with indifferent Counsels. If it be said, Where shall they have Men? I answer, If they have Trade and Money enough, they cannot want Men. Seamen are Inhabitants of the Universe; and where-ever they are bred, will resort to the best Pay, and most constant Employment; especially in a Countrey where they cannot be prest or compelled into any Service against their Wills. But it must be further considered, That all other Foreign Trade in Europe, doth greatly depend upon EastIndia Commodities; and if we lose the Importation of them into Europe, we shall soon abate in all our other Foreign Trade and Navigation: and the Dutch will more than proportionably increase theirs. The proportion of our Decay and their Increase, in such a Case, would indeed be exactly the same; but that the excess of price which they would make the European World pay for East-India Commodities more than now they do, would cause a disproportionable and greater increase of their Riches. The augmentation whereof would further enable them to overballance us and all others, in Trade, as well as in Naval strength. If it shall be said, Admit all that is writ upon the Head to be probable, is not the Consequence (viz. the security of the Liberty, Property, and Protestant Religion of this Kingdom) far fetcht, and brought in as popular phrases, to gain and please a Party, as the Clothiers and Artificers Petition was formerly on the other side. I answer, I cannot hinder Men from thinking their own way: but God Almighty, that knows my Heart, knows that I scorn to use any such sacred terms to or for any such sinister or selfish respect, or to please any sort of Men living. All that I have or shall write in this Treatise, is what I do really and stedfastly believe, upon very long and serious Meditation, and many Years conference with almost all sorts of Men, English and Strangers: And if notwithstanding I do err in some things (as humanum est ) it is for want of better understanding. But to return to the Matter, Can any man that looks abroad into the World, doubt of the truth of that Observation, viz. That Trade never thrives in any Countrey that is not Protestant; though not in all that are so; for reasons which I could offer, but that they are not necessary here. Is it not obvious to every Man's understanding, that since Queen Elizabeth's time, our Customs are encreased from 14000l. per Annum , to above 70000l. per Annum ? Is it not evident that the People of the United Netherlands, since their being Protestant, are increased more in Trade and Wealth in 100 Years, than the ancient and fortunate Romans did in 400 Years after the foundation of their flourishing Commonwealth? Have not the French, since they were but Partie par paile , part Protestants and part Papists, increased more in Trade and Shipping in 100 Years, then they did in 500 Years before? I once discoursed a Popish Lord, soon after his Majestie's happy Restauration, who is since dead, who told me it was never well in England, nor would be, while we kept such as stir about promoting of Trade. I confess I liked his Lordship the worse for that expression, but I thought the better of his Parts. A Naval Power never affrights us; Seamen never did nor ever will destroy the Liberty of their own Countrey: They naturally hate Slavery, because they see so much of the misery of it in other Countreys. All Tyrannies in the World are supported by Land-Armies: No absolute Princes have great Navies, or great Trades: very few of them, though they have large Territories, can match that little Town of Hamburgh in Shipping. The Kingdom of France is powerful and populous, and is arrived to the height of Military Vertue; by which they are become formidable to us, as well as to our Neighbours. Who do we fear may destroy our Liberty, Property and Religion? (which three are one in substance) but the Papists and the French; which likewise are two names for one thing; and so we should have found it, if God Almighty had not disappointed them. Now under God's Providence, what can best secure us from them but our Naval Strength, and what doth especially increase and support that, but our East-India Trade: which I think I have sufficiently proved to the conviction of every impartial and unbiassed Englishman: And if so, the Consequence in this Proposition is most natural and irrefragable. But if notwithstanding it shall be replied upon me, that in the former part of the Discourse on this Inference, I say, That Trade thrives in Protestant Countries; therefore the Protestant Religion is the cause of our so great increase in Trade and Navigation, and not the Trade of the East-Indies. I answer, First, That the great increase of Trade, is not a constant and infallible consequence of the Protestant Religion; because it proves not so in all Protestant Countreys: But whatever Nation increaseth in the East-India Trade, never fails proportionably to increase in other Foreign Trade and Navigation. Secondly, Admit that our Reformation to the Protestant Religion, were one principal cause at first of our advance in Trade and Navigation; yet now it is manifest, that the increase of our Trade and Navigation, is a great means, under God, to secure and preserve our Protestant Religion: Foreign Trade produceth Riches, Riches Power, Power preserves our Trade and Religion; they mutually work one upon and for the preservation of each other: As was well said by the late learned Lord Bacon, though in a different Case, in his History of Henry the 7th, That that Kings Fortune work'd upon his Nature, and his Nature upon his Fortune. BEfore I ingage in this Argument, it will be necessary to explain, What's the Constitution of a Regulated Trade, such as the Turkey Company and other like Companies of Merchants of London are. 2ly. What a Company United in a Joynt-Stock is. To begin with the first, A Regulated Company is hard to define, and harder to resemble. Its the Confinement of a Trade to a certain number of the People, exclusive to above 99 parts of 100; with power in the major part to hinder the lesser, from shipping out any Goods, but when the greater number think fit; and to levy a Tax upon the Trade at the discretion of the greater number of Votes. In brief, it is a Heteroclite, unto which (out of England) there is nothing now in the World like, in any other Kingdom or Commonwealth whatsoever, that ever I could read or hear of: All those Trades that are regulated and confined to certain Persons in England, being open and free to all People, in all other Kingdoms and States. Their Courts are perfect Democracies; where one that trades but for 100l. per Annum , hath as good a Vote as another that trades for 20000l. per Annum . In those Courts they appoint the time of Shipping, choose their Embassador and two Consuls; settle a Tax, which they call Leviations, upon the Trade. And although I have a profound veneration for all things then settled in Church and State, and for those wise and worthy Councellors that assisted Queen Elizabeth in those infant times of our Reformation and Trade; and am apt to think, when those Constitutions were made, they were useful and proper to that time: Yet I must acknowledge that in my opinion, if all those Trades that are Regulated, that is, Confined to certain Persons only, were free and open to all the King's Subjects, as they are in Holland and all other places, it would be infinitely more for the general good of the Kingdom. Neither do I see any reason why the Trades of Turkey, Hamburgh, East-land, Russia, and Greenland, which in England are Limited or Regulated, as they call it, should need such Limitation, or Regulation, more in England than they do in other parts of the World; or more than other Trades to Italy, France, Spain, or any other part of the World. And if something might be alledged for a Regulation, what can be said why it is not for the publick Utility, that all the King's Subjects might Trade to any Countrey if they please; whether they be Noblemen, Gentlemen, Men of the Gown, Shopkeepers, or whatever they be: the more the better for the Common Good. To enforce which, much more might be said; but that's not my Business now. A Company in Joynt-Stock are a Corporation by Charter (and if it were by Act of Parliament, it would be much better for the Kingdom in general, as hath been said) into which Stock all the King's Subjects, of what condition soever, have at the foundation of it, liberty to Adventure what sum of Money they please. The Stock and Trade is managed by a Select Council, or Committee, consisting of a Governor, Deputy, and 24. Committees, chosen annually by the Generality; in which every Adventurer doth not Vote alike, but proportionably to his Stock, viz. Every 250l. Original Stock, hath one Vote; 500l. paid in, hath two Votes, &c. After the first Stock is settled, no Man can come in but by Purchase; which every Englishman hath an equal liberty to do; and for which he pays nothing if he be a Freeman: if unfree, never above 5l. In England the Company hath, by reason of our late Civil Wars and Confusions, been interrupted several times, and there have been new Subscriptions: But in Holland, since the first settlement thereof, in Anno 1602, there has been no interruption or breaking up of the Stock, or new Subscription; and such continuance is certainly best for the Publick. Having described the nature of these two sorts of Companies of Merchants, I shall now descend to the proof of the Proposition, viz. That a United Stock is absolutely necessary to the carrying on the EastIndia Trade to National Advantage. Arg. 1. My first Argument I shall draw from the Practice and Experience of all other Nations. Certainly all the World are not weak in their Intellects whatever those Gentlemen think that complain of the East-India Company. If any shall tell me, this Argument will not hold universally; for the Portugals have a Trade for East-India, and yet have no Joynt-Stock. I answer, under those Gentlemens favour, I know there is a Joynt-Stock for this Trade in Portugal; or else there could have been no Trade worth speaking of. But true it is, that Joynt-Stock in Portugal, is the King's Exchequer, who reserves Pepper, Diamonds, Silk, Callicoes, and all other considerable India Commodities to himself; and leaves only some few Toys and trivial Commodities to his Subjects: and yet for want of a more perfect National Constitution, we have seen how the Portugal Trade in India, notwithstanding the great Roots it had drawn in a long uninterrupted course of time, dwindled dwinled to nothing, when it came to be confronted and outdone, by the more National and better constituted Joynt Stock of England and Holland. The French Nation peradventure, were never governed by wiser Counsels for their own good, than under the present King. They were some years past, zealously set upon the East-India Trade; and I am assured, spared for neither pains nor cost, to arrive at the best method; but gave immense rewards to any that could give them any rational light or information, to lay such a foundation of Trade, as might be proper for those Eastern Countreys. See what, how, and why they did resolve at last by the printed Translation of the French Treatise, relating to that settlement; which will save me the labour of inlarging upon this Argument. Arg. 4. If the Company should be destroyed, and the Trade left open, the Companies Priviledges and Immunities in East-India would be lost; which have cost this Company, as well as their Predecessors, vast sums of money to maintain and retrieve, after they were almost ruined in the late three years open Trade. If I am asked what those Priviledges and Immunities are? They are so many and so great, as is scarce credible to any not acquainted with the Trade of India. For publick satisfaction, I shall mention some few of them; all would burden me to write, as well as the Reader. We have the liberty of Coining Money for our selves, and all other Nations; which passeth currant in all the King of Gulconda's Countreys. We are Custom-free in almost all places, and in some, where the Dutch and all other Nations pay a constant Custom: particularly in all places of the Bay of Bengall, and up the great River of Ganges. At Fort St. George and Bombay, we have a right, and do impose a Custom upon the Natives, and all other Nations.In the Empire of Persia are Custom free, and have yearly from the Emperor 1000 Tomans, which is above 3000l. per Annum , in lieu of the half Custom of his own People, and all other Nations that trade thither. Of right it should be the full half Customs of that Port, which is more in value; and we should have an Officer in his Custom-house to receive our half part; but we rather content our selves with the 1000 Tomans aforesaid, than fight with him again for a right, which we are uncertain how long we may enjoy, by reason of groundless Clamours against the Company at home. At Bantam we are at the set rate of 4000 Dollars per Annum , for all our Customs, tho we increase our Trade never so much. In most places in India, we are in effect our own Law-makers, and can arrest and imprison any Natives that deal with us, or owe us money; and can inflict corporal punishments upon them (without controul of any of the Native or Moor Governours) till they pay or do us right, if our People there see cause for it. All our Black Servants there, which are very numerous, and all others imployed by us, or trading with us, are free and exempted from the jurisdiction of the Natives and other Governours. We are in all places free in our Persons and Goods, and all imployed or priviledged by us, from all Inland Customs and Duties, in the Towns and Provinces we pass or bring our Goods thorow: which are very great in those Countreys, and paid by the Natives. FIrst, This is so as we are an Island, and have our principal Security, as well as the increase of our Riches from our Trade and Strength at Sea. Secondly, And which I take to be a main consideration, The Trade of India is to England not only a great, but an unmixt Advantage: Whereas to all our Neighbours, though the Trade of the East-Indies be a great Advantage, and accordingly courted and coveted by them; yet they cannot have it without some mixture of Loss in other respects; because some of them have the growth and production of Silk among themselves, as Italy and France. They have likewise the sole Manufacture of plain Silks, such as Taffateis, Sarcenets, &c. which are brought from India cheaper than they can make them at Home. Whereas in England, our Silk Manufacture consists not in those plain Silks, but in Flowred Silks and Fancies, changed still as often as the Fashion alters. Holland, Flanders, (and France, in some measure) have their principal Manufactures Manuctures in fine Linnens, Cambricks, Lawn and Hollands; which only Callicoe works upon, to the putting them very much out of request, in their own Countreys and and and all other parts of Christendom. Whereas the Linnen we make in England is of the strong course sorts, generrally used by the meaner People; which Callicoe doth not prejudice to any sensible degree. Neither is the Linnen Manufacture in England a matter worth taking notice of whatever a few Gentlemens opinion are) But in Holland, Flanders, France, and some parts of Germany, it is their main Concern; being the subsistence of the Majority of their People, as the Woollen Manufacture is in England. Thirdly, The Dutch have a standing Contract with the King of Persia for all his Silk; which may amount to 600 Bales yearly. Now in regard Bengall Silk in the East-Indies, can be brought to Europe cheaper than Persia Silk: the Dutch by bringing Silk from Bengall, must of necessity in some kind prejudice that Contract in the price of Silk; though it be the Dutch Companies own Contract, as well as the Turkey Merchants. Whereas we having no such Contract in Persia, do not work upon our selves, as they must of necessity: And yet they are wiser than to slight the Trade of Bengall for that cause. This Argument concerning the Dutch Contract in Persia, is so fully confirmed by the Companies Advices lately received from Persia, that the Dutch there did lately desire to be excused from receiving their Quota of Silk, which is 600 Bales yearly, upon pretence of their want of Money to pay for them, which notwithstanding was forced on them by Shecke Ally Cawne, the Emperor's Governor there. If it be here askt me, Why the English East-India Company, seeing Persia is within their Charter, are not as wise as the Dutch, to make a Contract likewise with the King of Persia? I answer, The Dutch got the start of us in that long before this Company was constituted; and we cannot possibly retrieve it yet: The Persians being a People most difficult to remove from any thing they have once determined. If it be here further retorted upon me, That by my own confession, the Importation of Silk from India, doth prejudice the English Turkey Merchants in the price of their Silk here. I grant it: But what is that to England in general? It's the interest of England that we should have Silk here (being a material to be Manufactured) cheaper than in any other part of Europe, where it grows: and so we shall infallibly, if the Company stand. But at the same time, I do expresly deny that the making of Silk cheap in England, doth hinder the Exportation of our Woollen Manufacture to Turkey: The contrary being as evident as the Sun at Noon-day, to any Man that has not the mist of private Gain or Loss hanging before his Eyes; as before is demonstrated in those two pregnant, experienced, unanswerable Instances, viz. That as the price of Portugal Sugars hath abated (in which formerly almost all our returns from that Countrey were made) we have increased exceedingly in the Exportation of Woollen Manufactures to that Countrey; and even in the Trade of Turkey it self for many years: And to this very time, as the price of Turkey Silk hath abated, the Exportation of our Woollen Manufacture hath increased: and so it will still, though Silk should come to half the price it bears now in England. Upon the proof whereof, by time, I dare hazard all that little I have in the World. Besides, when all is done, and if the Turkey Merchants might have their Will, to the irrepairable damage of their Common Countrey; what would they be the better? Except by an Act of Parliament we could as well hinder the French, Dutch, and other Neighbours from trading in East-India Silk, as we can the English East-India Company. Is not this dealing our Childrens Bread to Strangers? Weakning our Selves, and strengthening our Enemies, whilst they laugh and stand amazed at our Indiscretion. For a Conclusion, That the present and future Ages may know in what Condition the English East India Trade stood, when the Company was assaulted by the private designs of particular parcicular Men; I shall add an Account of the present posture of their Affairs, viz. Last year the Company sent out (which are not yet returned) for the Coast of Cormandel, and the Bay of Bengall, Four three Deck-Ships, viz. The Eagle, burden 590 Tuns, and 118 Seamen, besides Passengers. The Sampson, burden 600 Tuns, 120 Seamen. The Berkley-Castle, burden 50 Tuns, 106 Seamen. The President, burden 550 Tuns, 110 Seamen. For Suratt and the Coast of India, three Three-Deck Ships, viz. The Williamson, burden 550 tuns, 110 Seamen. The Lancaster, burden 450 tuns, space in the original Seamen. The Johanna, burden 530 tuns, 106 Seamen. For Bantam, two Ships, viz. The Society, burden 600 tuns, 100 Seamen. The Nathaniel, burden 600 tuns, 100 Seamen. For the South Seas and China, two Ships, viz. The Faulcon, burden 430 tuns, 64 Seamen. The Barnardiston, burden 350 tuns, 69 Seamen. And in all of them the Stock of 479946l. 15s. 6d. This Year the Company are sending out for the Coast of Cormandel, and the Bay of Bengall, 5 ThreeDeck Ships, viz. The Bengall, burden 570 tuns, 114 Seamen. The Ann, burden 460 tuns, 92 Seamen. The Golden Fleece, burden 575 tuns, 115 Seamen. The Cæsar, burden 520 tuns, 104 Seamen. The George, burden 580 tuns, 116 Seamen. For Suratt, and the Coast of India, three Ships, viz. The Josia, 600 tuns, 120 Men. The Massingbird, 480 tuns, 88 Men. And the Success, 460 tuns, 92 Seamen. For Bantam, three Ships, viz. The New London, 600 tuns, 100 Seamen. The Scipio Africanus, 360 tuns, 74 Seamen. And the Persia Merchant, 360 tuns, and 74 Men. And for the South-Seas and China, one other great Ship, which is not yet resolved upon. And in all of them the Stock of above 600000l. Ster. Note that the Ships are generally bigger than they are let for, and the Company employ none but English-built Ships; and that besides what they sent out last Year, and are sending this, they have always a considerable Stock left in the Countrey, to make and provide Goods before-hand. Besides, likewise their Islands, Towns, Garrisons, Houses, Buildings, Ammunition, &c. The just number of their Adventurers now, is 556, and new ones daily coming in: The Companies Doors being never shut against any of his Majesties Subjects, as Regulated Companies are. And they have what Money they will at 3 per Cent; which will be the worst News of all in Holland. If, notwithstanding all that hath been said, the Company must be destroyed, Gods Will be done. To write what I have, I thought my Duty to my Countrey; which having satisfied my self in the performance of, I am not careful for events: being always confident, that whatever the Parliament does, they will do it justly; and so wisely as to make the best of a bad Bargain. I am persuaded the Dutch, to have this feat done, would ease our Lands a while, by giving us a Million of Pounds Sterling, if they knew where to find Chapmen (which God grant they never may); and I am sure, if they did pay two Millions, they would have too good a Bargain of it.

Economy

A TREATISE Concerning the East-India Trade.

A treatise wherein is demonstrated [...] That the East India Trade is the most national of all foreign trades [...]

EcB1696

WHEN we speak of an Excise, or of the Conveniency of Raising Moneys that way, we mean not simply the Excise now Established and Settled upon Beer, and Ale, and other Liquors; but the whole Duties of any kind whatsoever, that are Charged upon any Goods or Commodities expended within the Kingdom. The Duty of the Customs, (an Ancient and Honourable Revenue) as also the Additional Duty; when we consider either the One, or the Other, ( naturâ rei ) in the strictest Consideration of things, are no other than a kind of Excise, differing more in the Name, than in the Nature of the things; for, what else are they but a Tax, Imposition or Custom, (be they called as Men will have them) upon the Commodities that are spent, used or made amongst them. This Notion being premised, there will be a fair way made, for the better apprehending the Matter in hand, which is, To shew the Conveniency of Raising Moneys, by way of an Excise, upon such Goods and Commodities as are spent among us; from which we have the Experience of that which is already settled, which will also give an unquestionable Testimony of the Commodiousness of such, both to His Majesty and People; inasmuch as those Commodities we send Abroad, and those we receive Home by our Merchants, Raise to the King little less than Seven Hundred Thousand Pounds per Annum , and that in a very facile and easie way, and to the great Satisfaction of the People: Now, somewhat the like Sum may be Raised from some other Commodities of the like use, which is the Design of this Paper. But before we mention the Particulars, it may not be amiss to demonstrate, very briefly, wherein the Conveniency of this way of Raising doth consist: And that it is so Commodious as is suggested; which will appear, if we consider, First, That there is a great Conveniency even in the very Manner of Collection, and abundantly more to the Satisfaction of the People, than usually is in other ways; for herein is a great Conveniency, inasmuch as that when this Duty is truly paid by the Body of the People, who are the Spenders of the Commodities; yet the Money being deposited by the Makers or Factors, who take it again, in the Price of them, at the Sale, the People pay it insensibly in the Value of the Goods they Buy; for we must not think that the Merchants or Traders pay all the Money of the Customs and Excise; they are but the Depositors of it, and the People paying it in a way so secret and insensible, it meeteth not with any Contradiction from them, as it would do, were they themselves to lay down the present Money. We have a manifest Proof of what is now urged from the Business of the Hearth-Money, a Receipt (had it been well managed) would, in a few Years, have brought to the Crown very great Sums of Money, and had daily increas'd it: and should there now, for some time, the Duty of One Shilling per Room, be laid upon all Useful Rooms in every House, we mean Mansions, or DwellingHouses, excepting therein the Garrets, Closets, Pantries, Butteries, and Pasteries, (the Poor to be exempted from this Duty) and all Persons, paying either to the Poor, or Church, Living in Houses of Two Rooms, to Pay but for One; if in Houses of Three, to Pay for Two; and if in Houses of Four, to Pay for the whole; and so upward. This Duty well managed will bring a Revenue greater than the Hearth-Money was. For, since the Repealing of that Act, a great many Thousands of Houses have been Built; and besides, there were Abundance of Houses that were Erected in the Time that Duty on Fire-Hearths continued, that neither had Hearths or Chimneys in them; Others had Hearths that never were laid or made use of; so that very great Troubles and Disputes did happen thereupon. This Duty being laid, as is Proposed, a Law may be so effectually made, that after a true survey and discharge of such that are to be freed from that Duty, that Money will come in with as much Ease as any Tax now settled by Act of Parliament. It is well known how that Revenue of Hearth-Money grew so uneasie, and vexatious to the People, the ill Management of the Farmers and Officers, were the true Cause of so many and great Complaints: But the Receipt of this Duty, if it shall be thought fit to be for some time paid, Offices must be Erected in their several Counties, to which (as in the Case of Excise) the People may repair, and pay in their Money, and receive their Acquittances gratis. And that, for Supply of His Majesty's present extraordinary Occasions, that Duty to be paid at the beginning of every Half Year, and so forward. And such Care must be taken at first, upon the Survey, to settle all things so, that there may be no room left for the People to cavil at, or to think themselves in the least injured. And as Houses are New Erected, the Constables of every Parish may be obliged to give in to the Collectors an Account thereof under his or their Hands, which may be made known to the next Justice of the Peace. We will next Propose some other Ways, very convenient for Raising Moneys, with the least Apprehension of those that pay it, if we consider what large Supplies of Money may be had this Way: And it is very necessary that all Persons do consult and find out the easiest Way and Means for Raising present Supplies to His Majesty. The Duty upon Salt was the next thing to be considered; but that being already Granted, it will not be amiss to consider and examin, when a Tax was formerly laid, of a Half-Penny per Gallon, upon our own Salt; and a Duty proportionable upon Foreign; the Sum then accounted for, and paid in, was about Thirty Thousand Pounds per Annum ; the Salt allowed for the Fishery being excepted; under the Shelter whereof abundance of Frauds were practised, several quantities passing under that Notion, that never came to that use: So we will suppose three times the afore-said Sum, is or ought really to be accounted for, and paid into His Majesty's Exchequer; besides, the Foreign Duty is very considerable, and the Kingdom having in it, at this time, one Third part more of Salt Pans, than in the time the Duty was first laid upon it; and, therefore, far greater quantities must be now Made and Sold: And tho the Salters may pretend to leave off their Working and Making Salt, by reason of the Duty on Coals that are Water-born, there is not the least doubt or fear of that. For before the Duty of Twelve Pence a Bushel was laid upon Salt, those Salters in the Northern Parts did Sell at Twenty Six Shillings a Wey; and now the Duty is Forty Shillings a Wey, the Maker Sells for Four Pounds, Six Shillings and Eight Pence a Wey; we would therefore know where the Maker has any Loss, or if he Pay any considerable part of that Duty to the King: But the Generality of Complainers are such as get the most, when any Imposition is laid upon any Commodity, as in the Case of Excise and Salt. And it is most certain, that if this Duty were not laid, under which the Salters take the Liberty to Sell at their own Rates, Salt would be Sold again, in all the Northern Parts, at the Old Rate of Twenty Six Shillings a Wey, and where then would their Advantage be? So that the Duty upon Salt may very well be computed at Ninety Thousand Pounds per Annum , at least, besides Allowance for the Fishery. Next, It will be a most convenient Way of Raising Money, if we consider what large Supplies may be had this way, no Sum of Money that the Necessity of the Kingdom can require being too great to be charged upon it. England is a populous and liberal Countrey, and of a vast Expence; insomuch, as were there an Estimate made of the whole, and the whole made to pay, as now some part of it doth, it is inconceivable the Value of it: For, if a Custom or Imposition on Foreign Goods, (for otherwise we cannot, it adhering still to our former Notion, that a Custom and Excise are but the same thing) we say, if the Custom of the Commodities of other Nations, that are spent among us, and no more of our own Manufactures than what we send beyond the Seas, do Raise to His Majesty Seven Hundred Thousand Pounds, or more, per Annum ; What do we think may be Raised from those other of our Native Commodities that are spent among us, were they brought under the like Imposition? This being most certain, that the Expence upon our own Growth, Product and Manufacture, is abundantly more than our Expence of Foreign Goods, which will appear clearly by this; namely, That the Commodities of Beer, Ale, &c. (and no more of that neither than is Bought and Sold) do raise more Money than all the Foreign Goods Imported do amount to. To make all this more manifest, and in order to a Recitation of Particulars, we would Propose one general Maxim, to which, if regard be had in the Settling the Excise of any Commodities, it can never fail of the ends Proposed, and that is this. Viz. That whatsoever Commodities be made Exciseable, are to be of a large, universal and necessary Expence: Of a large Expence, otherwise, there will be a great Noise to little Purpose. If it be of an Universal Expence, then every Man will bear his Lot. If it be of Necessary Expence, there will be no avoiding the Use of that Commodity. The Truth is, who-ever will throughly weigh this Maxim, shall, from the Inferences deducible from it, answer whatever Objections can be made against laying an Additional Excise. We have it all made good in the Instance of that Excise which is now settled, (viz.) Beer, &c. It is a Commodity of large Expence, and so a large Sum of Money is Raised from it. It is of Universal Expence, and so every Man pays his part in it: It is of a necessary Expence, and so necessary, as no Man can be without it; and therefore can never hinder Trade: And nevertheless all those Sums of Money that have been, for several Years, Raised from it, no Man can conclude, that there hath been so much as one Barrel of Beer the less Brewed for that Imposition that is laid upon it. Things being thus far discussed, as to the grand Conveniency of it, we will consider what particular Goods and Commodities will fall under these Rates, and become thus convenient to be put under an Excise. Another thing of the like Large, Universal and Necessary expence, is our Wool, or Woolen Commodities, wherewith this Kingdom eminently abounds, and expands its self into many Branches; as Cloth, Bayes, Tameys, Serges, Says, Stockings, LinseyWoolsey, Stuff, Cottons, &c. which are made in many Parts of the Kingdom, some Parts whereof pay no Aulnage, which may be very considerable, if all were brought to pay Twelve Pence per Pound, according to the Value of them: To be paid by him that doth first Buy them from the Maker, will, according to our Computation from the Aulnage Duty, amount to Seventy Thousand Pounds per Annum , and this will be as easily collected as that is. That this can do no Harm to our Trade at Home, will be clear, by referring to our former Maxim; nor can it prejudice our Trade Abroad, because the Rate proposed is so inconsiderable, as it can have no influence on Trade, to hinder the Sale of these Commodities we send out: If it should be thought to do so, there may be Provision made for what is Exported; but then, what is spent at Home we would Propose to go at a higher Rate. Another Commodity, of a Large, Universal and Necessary Expence, is Tallow. It is little known what a vast Quantity of this Commodity is spent in England. It will bear an Excise of Five Shillings for every Hundred Weight. The Collection will lye best from the first Melter, giving him a Months Time for Payment, from the Time of his first Melting. The Value that this will amount to, will be best seen, by considering the Expence of this Commodity; as chiefly in Candles: Five Shillings upon the Hundred Weight of Tallow, will reduce them to near Six Pence upon every Dozen: Now, at this Rate, we observe, That the middle and meaner Sort of People spend as many, as, at Six Pence per Dozen, will answer a greater Sum than is paid for their Rooms, so that the Gentry and Nobility will consequently Pay considerably more: We find also, besides the standing Expence of private Families, there are accidental Expences; as those that are spent in Taverns, Play-Houses, at Sea, on Ship-board, and in Churches, Mines and Colleries; we find also many of our Candles Bought by Foreigners; and besides all these, the great Quantity of Tallow that is spent in making of Soap: All which will equal the Expence of private Houses, and, in the whole, may produce Eighty Thousand Pounds per Annum . Another way for the Advancing this Excise, is, that the respective private Families in the several Counties in England, may pay an Excise for their Beer, as all the Families in the City of London, and all other great Towns do, where the People take their Beer from the Common Brewer. Now, to bring all Families to the same Standard, is surely no hard matter, save only the difficulty will be how to Collect it, since it will so unfit to give such a Liberty to Officers, as to enter all private Houses, to take the Inspection; but this is easily prevented, by putting it into another way, viz. That every Malster, or Maker of Malt; shall give a true Entry of all the Malt he shall Sell; and whatsoever is Sold to any Private House, to Pay Six Pence per Bushel: This is one Way, and may be of great Advantage for other Purposes than what we are now speaking of: Or else, a Second way may be, to charge the whole Consumption of Malt with a low Duty, that is, at Three Pence per Bushel, to be paid by the Maker; and at this low Rate may be Raised Two Hundred and Fifty Thousand Pounds Annually, because of the vast Expence of it. We know it will be presently Objected, That by reason there is an Excise on Beer, this will be somewhat hard. To which we answer, No, not at this time, when Malt is at so moderate a Price to what it was formerly; which is such, as that all Persons would, notwithstanding this Duty, Brew their Beer at little more than one Third part of the Price they did Pay at that time. Could it be discerned, that those that Brew Beer for Sale (who will be the chief Persons that make the Objection) did, upon Consideration of the great Plenty, Sell twice as much for Money as they did before, or make it answerably good in the Quality, (which indeed cannot well be) there would not a Word be said more of this kind; but finding no such thing as this done, it cannot be taken amiss to Plead, that the King may have a little share in this Publick Benefit, and their Fellow-Subjects also, in being somewhat eased in other Payments. When the Parliament had Granted that Noble Royal Aid of Five and Twenty Hundred Thousand Pounds, and afterwards seeing the King's Necessities require more Moneys, did they not very chearfully make an Addition, by Increasing those Rates formerly settled, when they saw their Rents in a manner falling. And shall these Men stumble at this small Addition, when their Profits are so Increasing, they may well take Notice how indulgent Authority hath been in not holding them to the Strictness of those Statutes all along, which did enjoyn them to such Rates, Prices, and Measures in Selling their Beer, as should they have been held to observe, it would have hindered them more in One Year, than this would do in Two: So that from the whole we cannot but Propose, that while the Blessing of this great Plenty continueth, and the Prices of Malt not rising, it may, for some time, at least be submitted to this small Imposition. The Inspection of this being easily made, for all coming to the Cistern, it is as easie to see what Barley is steeped in a Cistern, and take an Account of it, as to know what Beer is set to work in a Tun. This small Duty being laid upon Malt, will be of the same Advantage as the Charging the Duty upon the Coffee-Berry, Tea, and Chocolate, at the Custom-House is found to be. Another Commodity of great, Universal and Necessary Expence, is our Leather or Hydes: There are spent near Ten Thousand every Week, we are sure there are as many great Cattle Kill'd, from whence we take the Estimation. This Commodity is spent several ways; as in Coaches, Boots, Saddles, Shoes, Holsters, &c. A Duty of Two Shillings per Hyde on each great Hyde, One Shilling upon lesser Hydes, and One Shilling a Dozen upon Calves-Skins Tann'd, will, at that Rate, Raise about Thirty Five Thousand Pounds per Annum . Another Commodity of Universal Expence, is Hats: They are of Three degrees; as Bevers, Casters, and Felts. Four Shillings on every Bever, Twelve Pence on every Caster, and Six Pence on every Felt, to be paid by him that first Buyes them from the Maker, is a Rate which they will bear. What this will produce, it is hard to make an Estimation, in regard there are not such Rules to proceed by as in other things; but, undoubtedly, it will amount to One Hundred Thousand Pounds per Annum . The next thing we shall name, is our Home-made Silks: They are of a large Expence, and Necessary too; by how much it is necessary for the Gentry to be distinguished from other Persons: Of which, divers sorts are made in England, and most consumed within our selves. These being judged Commodities of a more superfluous Expence, may bear the greater Duty, as Twelve Pence or Eighteen Pence on every Twenty Shillings Value: And this also must necessarily produce a good Sum of Money Annally, since we find, not only among our Gentry, but our Lower sort of People, yea, even unto Servants, Silks are made Common among them. What Sum of Money it may Annually produce, is likewise hard to compute, for the Value of them hath not been lately consider'd, but it cannot fail of producing a good Receipt of Money. The last thing we shall mention, for the Advancement of Money this Way, is the bringing all the Foreign Commodities spent among us, to Pay the same Rate as they did in the Year 1656. and so for some Years following. This will Raise One Hundred and Fifty Thousand Pounds, or rather more. That this was no Prejudice to Trade, needs no other Proof, than that in those times; while these Goods paid these Rates, there was a greater Importation of them, than ever hath been since. These are the Principal Commodities of a Large, Universal and Necessary Expence, upon which may be Raised a Million of Money per Annum , with the same Ease as the Money is now Raised from the present Rates of the Customs, and the Excise of Beer. And to be a little earnest in the Case, What hath any Man to say against it, if he will reason by Arguments properly deduced from the Nature of Trade, and true Constitution of things. What Difference is there between Raising Moneys this Way, and the Customs? What greater Difference is there in the Managing or Improving this now Proposed, than that which is already Settled? In the Customs, the Merchant makes his Entry, pays the Money, and receives it again in the Sale of his Goods. In the Excise of Beer, the Brewer doth the same. So here the Salter, the Melters of Tallow, the First Buyers of Woolen Manufactures, the Tanner for the Hydes, the Malster for his Malt, &c. in their several Capacities, make their Entry, pay the Money, and take it again in the Sale thereof: Where then is the Intricacy or Difficulty? or, What is this more than the Customs expanded into other Particulars? Most of what is here Proposed, was ready some Years since to have been Offered to the Consideration of the Honourable House of Commons; but the Proposer did not then meet with any great Incouragement for it, until now, there being, at this time, great Occasion for Raising Money by the most Easie and Universal Way, in Order to save something of the Land-Tax, which is, and must be the standing Prop upon all Occasions. If these Duties be well managed, when laid on, there will not be any doubt, but very great and considerable Supplies of Money will be had to manage, and carry on the War against France with more Vigour than ever. And whereas it may be said, This Duty being now laid on, the Sellers will set up extraordinary Rates upon their Commodities, and thereby get Estates out of the Ruins of them that Buy. It is answer'd, That great Care will be taken, that the Sellers may be kept to the Prices accustomed for some Years past, and shall not impose any more upon the Buyer than the Duty now laid upon the several Commodities. Having attempted thus, in brief, to shew, according to the best of my Understanding, how a considerable Sum of Money may, with much Ease and Equality, be Raised by an Excise, on some few particular Commodities, for the Carrying on the War against France; the laying the same, or such other Excise as may be thought fit: As also, the further Improving of it on many other Particulars, not here set down, is, with all Humility, Submitted to the great Wisdom and Consideration of this Honourable House.

Economy

A DISCOURSE Towards the Raising of Moneys BY AN EXCISE.

A discourse (by way of essay) humbly offer'd to the consideration of the Honourable House of Commons, towards the raising moneys by an excise [...]

EcB1700

GOOD morrow Friend, what art musing on? Considering the Extent of these your Dykes, I was thinking what excessive Charge and Pains Holland is yearly at to defend it self against invading Waves: Whereas the Sea that encircles happy England (Barrier like) fenceth it against Surprize and Ravages, exempts us from the Charge and Terrour of Garrisons and Fortifications, and (with our Floating Castles) continues to us that quiet Liberty and Security the rest of Europe more or less have lost. What though England be fenc'd in by the Seas, happier Holland hath a mighty Ocean of Wealth to defend it, and Money you know is the Sinews of War. The cold Winds (being moistened by the Vapours, or softned by the warmth of the Seas motion before they reach our Islands) are less fierce, and the Air is far more Mild and Temperate (if not more Healthy) than any part of the Continent under the same Climate; so that we have no necessity for Grotto's in Summer, or Stoves in Winter. In my Opinion, that Country is still Happiest that is stored with the Richest growths and products for Trafick and Commerce, and the Air ever best where most Money is stirring; for Poverty and Want will render People unhealthy in all Climates. England abounds with Mines, Rocks, Pits and Quarries of Darbyshire, Nottinghamshire, Staffordshire, Aliblaster, Darbyshire, Antimony, Cornwall, Ardois, Cumberland, Blacklead, Sussex, Chalk, Darbyshire, Christal, Dorsetshire, Tobaccopipe-Clay, Carmarthenshire, Cumberland, Durham, Lancashire, Leicestershire, Northumberland, Shropshire, Staffordshire, Yorkshire, Coals of divers Sorts, Cornwall, Cumberland, Darbyshire, Staffordshire, Yorkshire, Copper, Bedfordshire, Surrey, Fullers-Earth, Dorsetshire, Freestone, Darbyshire, Durham, Gloucestershire, Hampshire, Shropshire, Staffordshire, Warwickshire, Iron, Somersetshire, Lapis Calaminaris to make Brass, Devonshire, Loadstones, Cardiganshire, Carmarthenshire, Darbyshire, Devonshire, Durham, Staffordshire, Yorkshire, Lead, Darbyshire, Dorsetshire, Marble, Anglesey, Cheshire, Darbyshire, Flintshire, Milstones, Nottinghamshire, Plaister harder then that of Paris, Carmarthenshire, Potters-Oar, Cornwall, Slate, Cheshire, Cumberland, Worcestershire, Salt, Gloucestershire, Steel, Cornwall, Devonshire, Tinn, Darbyshire. Whetstones, &c. Upon its Coasts are found Norfolk, Amber, Cornwall, Ambergrise, Whitstableshallow, abundance of Copperice Stone, Norfolk, Jet, Cumberland, Pearls, Cornwall, Gloucestershire. fine Pebles, transparent like Diamonds, also Flint, Varrack, &c. to make Glass: Besides (not to mention the Rich Commodities yearly Imported from its Fruitful Plantations, that are to it as so many Mines Of Treasure,) England affords Plenty of Corn, Cattle, Fowl, Fruit, Pulse, Leather, Wool, &c. Whereas, Holland produceth nothing but a few Hops, Madder, Butter and Cheese. The whole Product of our Island is nothing, when compared to the So the Dutch in a Proclamation 1624. stiled the Fishing Trade. Golden Mines of our Provinces, which have yielded us more Treasure than the Mines of Potosi, or both Indies to Spain. The Golden Mines of your Provinces; Pray where do they lie? In Neptunes Store-pond, which the English call their Seas. Our Famous Edgar with a Navy of Four hundred Sail, vindicated his Dominion on our adjacent Seas, and Records mention his Successor Canutus to have laid that ancient Tribute called Danegelt, upon all (whether Strangers or Denizons) trading on our Coasts or Seas. Egbert, Althred and Ethelfred, all stiled themselves Supream Lord's and Governour's of the Ocean, surrounding the Brittish Shore. King John Anno 1200. challenged the Honour (or rather) Duty of the Flag, universally paid us, not barely as a Civility, but as a Right ( debità Reverentià ) Acknowledging our Title and Dominion. The Famous Record entituled Pro hominibus Hollandie, shews how Obsequious your Ancestors were, not only in acknowledging Anno 1295. Edward the Firsts Dominion on the Sea, but craving his Protection and Permission to Fish on the Coast of England: And had not the Sovereignty of the Brittish Seas in fact been in the Crown of England, why did the Rot. Pat. 23. Ed. 1st. memb.5. Earls of Holland Petition Edward the Third (and the Rot.Pat. 22. Ed. IVth. memb. 2. French our Henry the Sixth) for leave to Fish therein? And why did your Camden's Brittania, Skippers use to purchase License from Scarborough Castle, before they presumed to cast a Net upon the North Coast of England? Wherefore did Phillip the Second of Spain, 552. obtain License of Queen Mary for his Subjects to Fish upon the North Coasts of Ireland for the Term of Twenty one Years, for which, was yearly paid One thousand Pounds into the Exchequer of Ireland as by the Records appear? A Fig for your mouldy Records: I say the Sea is as free to Fish in as As the Roads of Holland are to Travel in, where both Natives and Foreigners are forced to pay passage Ghelt . Don't Interrupt me Sir; I say, the Sea is as free to Fish in as the Air to Breath in, who doubts it, may read our Great Hugo Grotius's, Mare liberum . Grotius in his Sylvæ upon the Inauguration of King James (before he was perverted by the Importunities of his Country Men,) speaking his Thoughts freely say's, Tria Sceptra profundi In magnum coiere Ducem. The Rights of the English, Scottish and Irish Seas, are united under one Scepter; neither is he satisfied with that bare Profession: Sume Animos à Rege tuo qui dat Jura Mari. Take courage from the King that giveth Laws to the Seas. And in the same Book in the contemplation of so great a Power, he concludeth. Finis hic est qui fine caret , &c. This is an End beyond an End, a Bound that knows no Bounds, which even the Winds and Waves must submit to. And if you remember when King James observed your Encroachments, he enjoined his Ambassadour Sir Dudley Carleton to Expostulate it with your States, as may be seen in Mr. Secretaries Letter, 21. Dec. 1618. wherein he tells them, "That unless they sought leave from his Majesty and acknowledged his Right, as other Princes had done, and did, it might well come to pass, that they who would needs bear all the World before them by their Mare Liberum, might soon endanger their having neither Terram, nec Solum, nec Republicam liberam : So much did that Wise Prince disdain to be wrangled out of the Antient Rights, and Regalities inherently annexed to his Crown, by the subtle Arguments of Wit and Sophistry. Don't tell me of King James, I say, that the Sea is free for every Body, and defy you to shew the Contrary. Why then do the Venetians exercise Dominion in the Adriatique, and the Tuscans Lord it in the Tyrrhene Seas? How comes it to pass that all your Skippers pay Toll to Denmark for passing the Sound, and to Sweedland for sailing in the Baltick? Wherefore doth the Republick of Genoa, let to Farm the Fishery for Teunies in their Neighbouring Seas: And the Emperour of Russia compel all Fishermen (within his Seas) to pay him Tribute: How is't that the like is done by the Duke of Medina Sidonia in Spain, and by all the Princes of Italy bordering on the Seas? Nay, wherefore do the Dutch Stile themselves Lord's of the Southern Seas, and allow far less Liberty in India than they take upon the English Coasts. But to wave this Dispute: Pray Sir, how many Labourers have you in your Golden Mines as you call'd 'em. Upon taking an Account of the several Trades and Employments, by which the Dutch subsisted (in order to find which best deserved the Protection and Encouragement of the Publick, it appeared that in Anno 1668. The Subjects of the States General were Pol. Gron & Maxims Van Holl. Page 43. Two millions, Four hundred and Fifty thousand, of which (besides those employed in the Inland Fishery,) Four hundred and Fifty thousand were then maintained by Fishing at Sea, and the Trafick depending thereon; since which time we have much encreased the Numbers of our Fishing Busses and Doggers to the great Encouragement of our Navigation, and all Trades depending on the Fishery? Which are they? Anchorsmiths, Bakers, Ballestmen, Basketmakers, Blacksmiths, Brewers, Butchers, Carpenters, Caulkers, Clapboard-splitters, Compass-makers, Coopers, Duck-weavers, Hemp-dressers, Hook-makers, Hoop-slitters, Joyners, Line-makers, Marriners, Mast-makers, Net-makers, Net-tanners, Plummers, Pully-makers, Pump-makers, Rope-makers, Sail-makers, Sawyers, Ship-chandlers, Shipwrights, Tallow-chandlers, Thread and Twine-spinners, &c. to the no small Profit of the Makers and Venders of all Materials, Tools and Utensils belonging to those Trades, and of all Tradesmen that make or sell Culinary Wares, Bedding, Cloathing, &c. for Marriners; to which may be added, Packers, Tollers, Dressers, and Couchers to carry, sort, and make the Herring lawful Merchandize, also Porters, Carmen, &c. In a word, you can hardly cast an Eye upon any sort or condition of People, but are the better for our Fishery, and the community most of all. Pray where, and at what times of the Year do you fish for Herrings? In the beginning of June, the Herring rising about two Leagues off Cranehead (the outermost part of Bratio-sound,) stay there about fourteen Day's, thence go to Farry Islands (seaven Leagues to the Southward of Shetland,) round which they remain one and twenty Day's, thence to Buffinness (about thirty Leagues to the Southward of Farry Island,) the Fishing place is called Buffin-deeps, and is twenty Leagues to the Northward of the Frith, where the Herring abide about fourteen Day's, and in the Fishing ground under Chivit-hills and Chivit-chace about fourteen Day's, thence we follow them to the Dogger-bank, where they stay about thirty seaven Day's; about the beginning of September, they come into Yarmouth Seas, where they continue near seaventy Day's, from whence they fall to the Southward, followed by small Fishermen, it being dangerous for Busses. What quantities of Fish are yearly taken by the Dutch? About L.v. Aitzma. Anno 1653. Three hundred thousands Lasts. This confirms Sir Walter Rawleigh's Observations presented to King James, Anno 1633. and shews that the Learned Sir John Burrough's in his Sovereignty of the Brittish Seas, upon good Grounds affirmed that the Fish yearly taken by Strangers upon our Coast's, did amount to Page 140. above Ten millions of pounds Sterling: But pray Sir, where have you vent for all your Fish? At Artois, Brabant, Bremen, Cleveland, Cologne, Dantzig, Denmark, Elbin, Embden, Flanders, France, Frankford, Germany, Gulickland, Hamburgh, Henault, Holstein, Italy, Liefland, Lithuania, Lubeck, Nerva, Norway, Poland, Pomerland, Portugal, Prussia, Quinsbrough, Revel, Riga, Russia, Spain, Stade, Stratten, Sweedland, &c. Are you never afraid of glutting the Markets. No more than we are that People will leave eating, great part of the trading World being yet unserved, which is the Reason we yearly so much encrease the Number of our Doggers. What Returns are made for your Fish? Allum, Armour, Baratees and other Frankford Commodities, Brandy, Bullion, Clapboard, Coin, Copper, Corn, Currants and other Grocery Wares, Damasks, Dealboards, Dollars, Flax, Fruit, Furrs, Fustians, Glass, Hemp, Honey, Hulsop, Iron, Lace, Linnen, Milstones, Oyl, Pitch, Plate, Potash, Prunes, Rashes, Rosin, Sarsenets, Sattins, Silks, Skins, Steel, Tapstry, Tar, Timber, Velvets, Wainscots, Wax, Wines, and other things in abundance; the exporting of which Commodities again to other Countries, gives our Ships full Employment, so that they need not go in Ballast to seek Freight, but by the Profit of our outward bound Voyages, are enabled to serve Foreigners so cheap, as to render us the common Carriers of the World, consequently Masters of the most certain Profit in Trade; for when the Ships arrive safe in Harbour, though Merchants happen to loose by their Goods, yet Seamen are paid their full Wages. Besides by continual Bartering of such Exports, Holland is rendered the mighty Store-house, and Empory of all Foreign Products and Manufactures, from whose infinite Miscellany of Goods its Inhabitants are compleatly furnished with such sortable Wares, as enables them to Trade from Port to Port without danger of glutting Markets. And thus as our Fishery hath encreased, our Trade and Navigation; constant Employment hath still made Foreigners flock to us in such Numbers, that out of our Multitudes, supplying (from time to time) the loss of so many lives as the change of Climates, Successes against the Portugeses, and Victories against the Indians have cost us; we have forced Treaties of Commerce, Exclusive to all other Nations: Built Forts upon Straits and Passes that Command the Entrances into Places of great Traffick; Monopolized all the Spice Trade, and mightily advanced towards Engrossing the whole Commerce of the East Indies. Well may you boast, that Amsterdam is Founded upon Herring Bones; and no wonder that notwithstanding your so frequent and chargeable Wars ever since your Revolt from Spain, there is hardly a Beggar in your Streets. But if in Holland, which contains not above Five millions of Acres, its Bogs and Sandydowns excluded. Holland, where you have no Minerals, and where it is in vain to dig for any thing but Turf, and Clay. Holland, where you have no Tree but what you planted, nor Stone but what you brought thither. Holland, so much lower than the Ebbings of the Tides and Rivers, that at vast Expence you are obliged with Mills to drain the very Floods occasioned by the Rain. Holland, where notwithstanding your continual Charge (as was said) in repairing Banks and Dykes; frequent Inundations destroy Man and Beast for several Miles together, and then vast Sums (and whole Years) are spent e're the Land can be regained. Holland, where the East Winds coming to you o're a mighty length of dry Continent, extream Cold, and long Winters, put you to the expence of much Fire, Candles, Food and Rayment; and to great charge and pains in housing and foddering your Cattle, all which time (living on dry Food) they yield little Milk. Holland, so exposed to bleak Winds, that blast the Blossoms of its Trees, and Storms that shatter off e're ripe their Fruit. Holland, where that little Arrable Land you have, lying generally on sand or light Bottoms, requires much Soil, and where Seedtime is so short, that unless it be exactly nicked no Profit can be reaped; for when the Seed rots in the Ground (as by great Rains it frequently happeneth,) the Season is generally past before it can be Sown again. Holland, whose whole Product is scarce sufficient to serve Pol. Gran & Maxims van Holland, Page 44. one Eighth part of its Inhabitants, consequently the rest are obliged to purchase the so necessary Commodities, Food, and Rayment of Neighbouring Countries at the Rates they can get them. Holland, whose Territories extending upon powerful Neighbours, To defend it's Frontiers, and draw out a War in length by Sieges, in order to determine it, by force of Money rather than of Arms; you are obliged to be at vast Expence in Fortifications and Standing Troops, to defend them even in the time of the profoundest Peace, for instance Anno 1670. After all Reforms, you had Ten Regiments of Horse and Nineteen of Foot, making together Twenty six thousand Two hundred Men, the constant Charge of which Forces was 556281l. Sterling per Annum . I say, if in Holland naturally loaded with these Disadvantages and Misfortunes, and all their ill Consequences; notwithstanding you are Sir William Temple's Observation on the United Provinces, Bridled with hard Laws, terrified with severe Executions, environed with Foreign Forces, and oppressed with the most cruel Hardships and variety of Taxes that were ever known under any Government. Your People are become so numerous and wealthy, by Fishing upon our Northern Coasts. Did we in England diligently apply our Selves to the Fishing Trade, what a continual Sea Harvest might we reap, whose Coasts so abound with Cod, Hake, Conger, Whiteings, Scate, Sprats, Soals, Oysters, Salmon, Pilchards, Turbets, Thornbacks, Mackerel, Herrings, or Ling, all the Year long. Why e'ne such a Sea Harvest as the Hamburgers did (who after five or six Years trial to Imitate us in the Herring Fishery,) found to their cost we still outdid them, and so we shall you. The Reason why you outdid the Hamburgers, was because they were yearly Frozen up Lex. Mercator. Fol. 171. somewhat longer than you, but seeing by that Start you could out strip them, surely we need not fear the Goal; who (besides what has been said,) have in Fishing many more Advantages of you, than ever you had of the Hamburgers. The generality of your Countrymen are of another Opinion. I am not Ignorant what Industry has been used to Poyson my Countrymen with an Opinion, that none but Dutch-Men can thrive by Fishing: But unprejudiced Persons upon examining the Matter will find. The Dutch have above an hundred Leagues to Sail before they come to the Herring Fishery, which is only in the Brittish Seas, and when there, must lie at the mercy of the Winds for want of a Port to Friend, and in case of Unloading have as far back again, which takes up a great deal of Time, hinders Business, and endangers the loss of their Markets: Whereas, in England we have the Fish upon our own Coasts, so near our Shoars, that in case of Storms, Unloading, taking in of Provisions, or the like, it is but four or five Hours work (commonly not so much) to recover an Harbour, and without loss of time put to Sea again; the work of Unloading, Repacking, and sending our Fish to Market going on in all Weathers. And have not we Dogger Boats to take off our Fish at Sea, and refurnish the Fishermen with Cask, and other necessaries. Yes Sir, and you have the charge and risque of those Dogger Boats too (both which the English save) after all if it happens to be a Rowling Sea, you must lie by and wait for a Calm. What other Advantages can you boast? England, hath many convenient Tidehaven-Ports, as at Hull, Harwich, and Holy Island to the Northward, and Dover, Rye, Portsmouth, Southampton, Cowes, Weymouth, Dartmouth, Catwater, Hamose, Fowey, Falmouth, Hilford, Scilly, and Milford Westward, where at low Water all of them are small Chingle or hard Sand; so that our Vessels may easily haul a shore, and Wash and Tallow at Pleasure; nor are Creecks and commodious Places wanting in England to lodge our Busses and Doggers safe when not employed, so as to prevent wear of Cables, charge of Watching, danger of Fire, &c. What else? The Shores of England are bold, its Coasts high-land, easily discovered, several of our Cape-Lands opposite to France and Holland, make Eddy-Bayes whose depth of Water is mean as six, eight, ten, or twelve Fathom the Tides (on our own Coasts) are small Anchor hold, generally stiff Clay, Chalk or hard Gravel, so that we need not dread Winter Storms, besides the Advantage we have of lying in a moderate Climate, and in the very Center of the Trade of Europe, affords us opportunity of sending to Forreign Parts, from divers of our Ports at all Seasons of the Year: Whereas the Coasts of Holland are extreamly Low, subject to be Hazy and Foggy, have many Shoals and Sands, some of which lie so far off at Sea, that frequently Ships are Stranded before they see Land; its Ports are bad, and often choaked up with Quick-sands; its Haven's yearly frozen up two or three Months together: And the North west Wind (usually blowing the greatest part of the Year) makes Holland a Lee, and England a Weather-shore, so that (oft times) whil'st you are Wind bound or Frozen up at home, we can supply the Markets abroad. Besides, wanting Wood at reasonable Rates, you cannot share with us in the Red-herring Trade. As for Pilchards, they cannot be well cured unless brought Fresh on Shore, and being taken on our Coast's, will be Stale e're they can be carried to Your's. Not to mention our Rich New England Fishery, our Western Ports are incomparably scituated for the Newfound-Land Fishery, and the Country it self belonging to the Crown of England, you can have no footing there. Near the Pile of Foudray in Lancashire, and in several other Places along the Shores of Wales; we can Fish even without the Charge of Busses, for by only setting Nets on the Sands at low Water, great quantities of Herrings are taken next Tide of Ebb. Those Herrings on the Coast's of Lancashire (coming newly out of the Ocean) are so fat they will not take Salt kindly, consequently are apt to Reast. We now find by Experience, that fat Herrings being pressed and cured like Pilchards, take Salt kindly, and yield Store of Oyl, to the great Encouragement of our Ship-wrights, Curriers, Soap-boylers, &c. How chance this Method was not found out sooner? Dies Diem docet; those noble Salt Rocks in Cheshire, (sufficient to supply all Europe) have not been many Years discovered. Besides, of a Stone abounding in Shropshire, much Pitch is now made of so Excellent a Nature, Heat only causeth it to penetrate deeper into Plank, and Cold cannot make it crackle off; both which are Advantages Holland can't pretend to. What more? The Coast's of Wales abound with Ash; which as far excels other Wood for drying Herrings, as its Bark doth all others for tanning Nets: Nor do we in England (as you) want Willow-hoops from Hamburgh. Notwithstanding all the Advantages you speak of your Chief Fishing Towns, Yarmouth and Laystoffe, are beholden either to us at Enckhuijsen, or to the French at Diep, for selling them Nets? Before the late War, they used to buy Sail Cloath of you to, but that now made at Fulham, &c. is brought to equal Perfection with your best Hollands-Duck; and as for Nets, the Towns you mention, have these seaven Years last past made most they used; and who knows, but that our Artisans (universally allowed the best upon Earth for Improvements) may in a little time as much Excel you in these Things, as they out do the Germans in fine Steel-works, which though they first Invented, yet we now make and sell to them: But seeing you talk of being beholden: I think you are beholden to us, for selling you our Thames Lamprons wherewith you bait for North Sea Cod, else you might go ...... whistle for 'em. Have you any more Advantages of us? I omitted to tell you, that upon Exporting our Fish, we have the Benefit of a considerable draw back upon Salt. If that were all, rather then suffer that Tide of Wealth that flows in our Fishery to be Diverted to another Channel; no doubt but our States will allow the Dutch the like Encouragement: But now I find you have told me all your Advantages. Excuse me Sir, England affords Timber, Iron and Hemp; whereas, you are forced to purchase those Commodities in Foreign Countries. Nevertheless, we have all Naval Stores in Barter for Herrings, which costs us little but the trouble of hawling up out of the Sea, which being considered, and how much the catching such Herrings (by employing and encreasing our Ships and Marriners, adds to the Wealth and Strength of our Country,) it conduceth far more to our Advantage, then if Holland had Naval Stores of its own Product: Whereas, to purchase East Country Wares, the English are yearly forced to Export much Coin, to the great exhausting of their Treasure. We do not (as you) depend solely upon the East Country for Naval Stores; no, in case of Exaction or Rupture, we can be sufficiently supplied from our American Plantations. But if a Fishery be Established in England, what should hinder us from having Naval Stores in Exchange for Herrings as well as you? Your white Herrings are not so bright and good as ours. Whil'st your Clapboard is floating from Germany, the Rhine draws out its Sap, and if we also soak the Corrosive Sap out of our Clapboard, which now discolours and preys upon our Fish, and like you, gip and salt the Herrings as soon as taken, they'l be every whit as bright, and good as Your's. We build Cheaper in Holland than you do in England, and Sail our Vessels with fewer Hands. Our Ships are much Stronger and Abler to brook the Seas than Your's, and will last twice as long; and as to your sailing with fewer Hands, we envy not your Happiness, whil'st (in proportion to your Tunnage and Number of Marriners) you yearly loose (by slight building and undermanning) far more Ships and Mens Lives than we, for which Reason, in above three Parts of the World, our Ships yield better Freight, where then lies the Odds? Which were there any, could be only in Merchantmen to carry our Fish to Market; Busses and Fisher Boats carry more Men to catch Fish than are needful to Sail them: And in the Greenland Trade, each Ship must have Three times the Crew that can Navigate her, to Man their Shallops when a Fishing, were not this true since in building, English Shipwrights know no Masters, surely we might easily cause our Ships to be built and manned after your Mode. But supposing your Assertion true, if as all Ships that carry Corn to Venice, are permitted to Load Currants at Zant; so all Bottoms which Exported English caught Fish, might be allowed to return with a Loading of Naval Stores, without paying Alians Duty: That would set us upon even Ground with you, as to the Business of our Fishery. Two thousand Five hundred Persons are hardly able in a whole Year, to make a Fleet of Nets for Five hundred Busses: Now Englands many wasts and unimproved Lands, shews its not half Peopled, and of those in it, Consider. How many Women and Children do just nothing, only learning to spend what others get. How many are meer Voluptuaries, and as it were Gamesters by Trade. How many live by puzeling poor People with unintelligible Notions. How many by perswading credulous, delicate and litigious Persons, that their Bodies or Estates are out of Tune or in Danger. How many by Trades of meer Pleasure or Ornament. How many by Fighting as Soldiers. How many by Mysteries of Vice and Sin, or in a lazy way of Attendance upon others, where then can you hope to find Hands to carry on your Fishery. In England, we have Numbers of French Protestants, who fled from Diep and the Coasts of Normandy, &c. (bred to the Business of the Fishery from their Cradles) that (if setled in our decayed Fishing Towns) would as certainly make them Flourish as the Walloon and Burgundean Refugees planted by Queen Elizabeth 1568. at Norwich, Canterbury and Colchester, raised them (then so Poor) Cities, to such great Trade, Riches and Plenty. In England, we have no Sumptuary Laws: So that Mercers not foreknowing Fashions, dare not lay out their Stocks till the Spring, at which time their sudden great Demands render Journey Men scarce, and oblige Weavers to draw in Numbers of Apprentices, who in few Months supply the Trade of the Nation; when being turned off, many (like the Inhabitants of the Bath, Epson, Tunbridge, &c. who live by exacting on Strangers in Summer), are ready to Starve for want of Employment before the next Spring. Were a National Fishery established in England, our Gentry by causing their Footmen and Servants to rise early and employ their idle Hours in making Nets, might not only reap the Profit of their Work, but by accustoming them to Business in their Youths, beget in them such industrious Dispositions, as would prevent (what now too frequently happens) their becoming Beggars, or worse in Old Age. The time of Labouring, and industrious People well Employ'd, is the best commodity of any Country; and were a Fishery established in England, how Advantagious would it be to the Publick: When all our disbanded Soldiers, poor Prisoners, Widows and Orphans, all poor Tradesmen, Artificers and Labourers, their Wives, Children and Servants, each vacant Interval may be getting a Penny by braiding and beeting of Nets, &c. The far greatest Part of Englands Droans, are neither so Young¸ nor yet so Old or Decrepit, but that they may either turn Wheels, spin Twine, braid or beet Net's, cut Corks, cast Leads, make Herring Spits, Norsels Swils, or Baskets, Gip, Spit, Salt, hang or pack Herrings, or at least tend Fires to smoak or dry them, pick Oakum or the like; and as a constant Employment of our Poor, will be a continual Ease and Comfort to them, by amusing and diverting them from thinking of their Poverty or other Misery; so will it alleviate the Nations Burthen, and in some measure be a Re-peopling of us too, by adding so many lost Hands to the Service of the Publick. But still you want Marriners; whereas Sailers in Holland, are as Common as Beggars in England. 'Tis own'd, our want of Marriners enough at once to Man our Navy, and Collery, cost London, and the Dependencies upon the River of Thames (during the late War) above Seaven hundred thousand Pounds, only in the Price of Coals; by which may be guessed, how Detrimental it was to the Trade of our Nation in General. But the more we want Marriners, the greater Reason we have to Establish a Fishery; which (as is shown in the Preface) is the best way to Encrease their Number. The many Thousands English, Scotch and Irish Marriners, who now yearly Fish for you, would hardly seek work abroad a broad , if a Fishery afforded 'em full Employment at home, and 'tis odds, but a finer Country, cheaper and better Food and Raiment, wholesomer Air, easier Rents and Taxes, will tempt many of your Countrymen to cross the Herring Pond. Since the Peace is concluded and our Great Ships laid up, we have Marriners enough to being a Fishery; and as that goes forwards, it will proportionably encrease their Numbers. Fishing is a Work, for which the English are unfit, and requires such skilful, industrious and robust Seamen, as no Country breeds but Holland. Your learned Keckerman say's, Omnibus Hodiè Gentibus, Navigandi, industrià & peritià Superiores esse Anglos . 'Tis certain, our Mariners do as cheerfully undergo Hardships, and are as bold in Danger as any, and for hard Labour, the working of a Mine is incomparably harder than that of a Buss. No Country but Great Brittain can boast, that after twelve Hours hard Work, its Natives will (in the Evening) go to Foot-ball, Stool-ball, Cricket, Prison-base, Wrestling, Cudgel-playing, or some such vehement Exercise for their Recreations; and as for their Genious, its Remarkable, that such Lads and Country Fellows as at Yarmouth, Laystoffe, &c. are once hired into the Fishing Trade, and come to feed on the Fish they catch, it improves them at such a rate, that of pittiful weaklings at Land, they become healthful, stout and hardy Persons, and upon trial find it so much to their liking, that not one in twenty but take to the Sea for good and all. English Men are dainty Chap't, and when a Fishing cannot fare like ours. It is certain, they need not for Meat and Drink in Ireland, and in many Parts of England are above as Cheap again as in Holland, which produceth no other Provisions (for Traffick) than Butter and Cheese, and those too are Cheaper with us than with you: Besides 'tis observed, that whatever Dutch Fishermen save by eating of Grout, they drink more than our's in Brandy. The Act of the 18. Car. 2. prohibits the Importation of Irish Cattle, to keep up Rents: Now catching much Fish (by hindering the Consumption of Flesh,) will make Lands fall. Doubtless Plenty of Food, is a great Blessing of God, and no Good Englishmen will desire to grow Rich by a Famine. Its generally the landed Men bear the Burthen of the Poor, without finding them Work, they must maintain them Idle: Where the Poor's Rates are High Lands will fall, and Rents be ill paid. The cheaper Provisions are, the less Taxes will serve in time of War, House-keeping will be less Chargeable, and a less Rate maintain our Poor: But where Provisions are Dear, Work and Wages, will rise in proportion to the great Detriment of Husbandry, and stop to Improvements, which (pro tanto) will fall Rents; and raise all Manufactures, yet lessen their Consumption both at home and abroad, and Necessitate Masters for want of Vent (by turning off their Journeymen) to make whole Families of Beggars at once. Catching much Fish, will Morally speaking, render England less subject to a Famine, which generally exhausteth more of our Wealth in one Year, than War doth in two. Catching much Fish, will give work to many Thousands of both Sexes that now are cloathed in Rags, and (through Poverty) live only on Bread, Water Pulse, Roots, and the like, who when they come to have the rewards of their Labours in their Hands, will Encourage the Woollen Manufacture, by buying New Cloaths; and our Farmers by a greater Consumption of the Product of the Earth, By drinking Strong-beer, will advance the King's Excise by encreasing the Number of Tenants, raise our Rents, yet lessen our Poor's Rate and Taxes, by helping to pay them. Catching much Fish, will occasion the expence of much Butter, and make our Farmers run much upon Daries, the Business whereof though performed by Women, turns to as good Account, as the hardest Labour the Husbandman can employ his Time in: Put case the Market should be over stock't at Home, English Butter is too Good a Commodity in Flanders, France, Spain, Portugal, &c. ever to want Vent abroad. The Cheaper our Provisions are, the more Navigation will be Encouraged, more Foreign Ships will Victual with us; fewer of our's in Ireland, and the more Beef, Pork, &c. shall we Export to Barbadoes, Jamaica, &c. so that supposing Meat should not always remain at a very excessive Rate, yet where a greater Consumption causeth a quick Market, though at a midling Price; if the Proverb be true, light gains will make a heavy Purse. It is cheap Provisions that Enables the Indians to Supplant the Europeans in their Manufactures; and should a Fishery make Provisions in England but one Tenth part Cheaper, Wages would fall in Proportion, and our Artists grow never the Poorer, yet our Merchants be enabled (by underselling) to beat all the rest of Europe out of the Woollen Trade, and then our Farmers would gain far more by the rise of the Fleece, than they'd loose by the fall of the Flesh. After all, the Profit of Land in England doth not wholy consist in Breeding, abate in Grasing, and plow up more Pasture, and Flesh will hold its Price. Corn is so Cheap in England, your Farmers are often Broke by it, what then could you do with greater Quantities. E. The Reason why Farmers sometimes want Vent for their Grain, is because we have not always Store, and therefore Merchants makes no provision for the Trade. But if we yearly Sow such Quantities of Corn beyond the Expence of the Nation, as Merchants may be no less certain of a constant supply here than they are in the Sound (where the Country depends as much upon their Harvest, as France does on its Vintages,) Plenty would soon create a Trade, and the Advantage of England's lying so much nearer than Dantzig to the Places where Foreign Corn is exported, together with the Allowance granted by the 25. Car. 2. upon the Exporting thereof, will sufficiently Encourage Merchants to deal therein. Most of our Ships are now sent light to Bilboa, and Lisbon, (now what loads our Ships helps our Navigation,) and our Exports to Lisbon not answering our Imports from thence; the more we send them in Corn, the less their Wines will cost the Nation in ready Money, or Bills of Exchange which is all one. Gold and Silver Mines England hath none, and in time of Peace no way to get Bullion, but by Foreign Traffick; to which, nothing can more conduce than cheap Fishing, and cheap Working and Manufacturing the Commodities, which compose the Exports of our Kingdom, and that is, not to be effected except Labour be Cheap, which it can never be where Provisions are dear: But the cheaper our Provisions are, the cheaper our Exports may be afforded, consequently the more Vent we shall have for them, and much Vent will cause many Workmen, and when the Wheel is set agoing, Trade begets Trade, as Fire begets Fire; and the more Trade encreaseth, the more will Industrious People from all Parts flock to us, and Tenant our Houses, enclose our Wasts, improve our Lands, encrease our Manufactures, and enlarge our Products, far beyond the whole Expence of our Nation, and thereby in Proportion add to its Wealth and Treasure, for Merchants exporting the Surplus, will in Returns bring back Gold, Silver, and other valuable Commodities, which in England that hath property by Succession of Contracts, will diffuse among its Inhabitants, and thus as the Number of Persons made Rich by their Labour and Industry encrease, and the Choice of Tenants and Chapmen are enlarged, a kind of Competition amongst them, must and will make Rents and Lands advance in Proportion: Witness Holland, and such of our Lands as lie near Great and Populous Corporations. So true it is, that Trade and Lands are Twins, that always wax and wain together. Notwithstanding what hath been said, I advise all your Country Men not to be concerned in a Fishery, for in Holland we have Money at Three, whereas the Trade of England is burthened with Six per Cent Interest, consequently you can never keep pace with us. Why do you not (for the same Reason) advise us, to forbear Trading to East India, Turkey, Spain, France, Italy, Portugal, &c. nay, to quit all Navigation, and abandon our Selves to the next Comers. Was it not the Fishing Trade gave rise to all your Wealth, and as Money grew plentiful in Holland, did not Lands rise gradually to near forty Years purchase, and Interest fall by degrees from Eight to Three per Cent? Why then may not we expect, that a Fishery will do the same for England, and be a means to regain our Muscovy, Greenland, Norway, and East Country Trades? For, still as Trade by encreasing of Wealth, causeth an abatement of Interest, abatement of Interest, will yet cause a further encrease of Trade. The Dutch are already setled in the Fishing Trade. Stately, Genoa, that once employed Forty thousand Hands in the Silken Manufacture, declines now as fast, as her formerly neglected Neighbour Leghorn riseth: And if the French King continues to court all the World with popular Immunities, Leghorn (in time) must give Place to her Sister Marseilles The King of Portugal having discovered the Passage to the East Indies Anno 1500. by the Cape of Good Hope, and so diverted the Course of Trade driven by the Venetians, from Alexandria, and the Red Sea to his Port of Lisbon; kept Factors at Antwerp, to Vend there his Indian Commodities; which drew several Merchants from divers Parts to reside there, and made that pleasant seated City the Pack-house of Europe: But when the Dutch Anno 1602. also found the Way to the Indies, and began to Rival Portugal in that Trade, Merchants resolving not to loose the Advantage of their Skill in Indian Commodities by removing to Amsterdam, improved their own Estates but ruin'd Antwerp. Trade like the Sea, its Element often ebbs and flows from one Place to another; not many Years since, we Imported Silk-stockings from the Levant: But now the Tide is turn'd, and we send them thither. Projects in England, have of late proved very Unsuccessful. What though some Men have run upon wild Notions, and catching at Shadows lost their Substance, that's no Objection against our Fishery, which is a certainty; for the Sea yields her Fish, as well as the Earth her Fruit in due Season: And Neptune hath been far more Bountiful Bouutiful to you than Ceres. Have you drawn up a Method for Employing the Poor of England in a National Fishery? I have attempted it, but find the well contriving the Business requires far better Heads than mine. However let's see your ESSAY. Here it is Sir, and may receive Alterations and Additions upon Consideration. The Companies Interest will oblige them to Provide the best and soberest Masters. How to prevent their Desertion can be shown beyond Objection. The Boys being in the Fishing Season employ'd at Sea, and working at other Times at that Trade relating to the Fishery to which they were Bound, when their Time is out, will be able to get their Livelyhoods either at Sea or Land; and if to render them more capable of serving their Country, the said Father's or Steward's (at Four a Clock each Saturday in the Afternoon) should cause them when (on shore) to Muster, and Exercise although only with Staves,) and for Diversion to play at Cudgels, or Fence, and reward the Conquerer with liberty of wearing a small Ribbon, whose distinguishing Colour of Red, Blew, &c. should Entitle them to be called Captains, Lieutenants, &c. by the rest of their Fellows, till next Weeks trial of Skill: How soon would Emulation beget Address? And what a Treasure and Strength to England would such a Sea-Militia be, always ready for Service both by Sea and Land, and yet no Charge to the Nation till actually in it. That His Majesty may be addressed to grant Leases to the said National Fishery, of all Wasts and Derelict Lands to be by them used in building Warehouses, curing Fish, spinning Twine, and drying and beeting their Nets and the like; and also to be by them distributed amongst such of their Apprentices, their Heirs and Assigns, as shall have faithfully served them Eight, or more Years, not more then five Acres apiece. Upon the whole, I confess, that England may out Fish us, but then you must have nothing to do with Companies, only make it every particular Man's Interest, and they'l soon make it their Business. Its Dangerous taking a Rivals Advice, and well known why Fish was so Cheap this Year in Spain, Portugal, Italy, and other English Markets; yet sold so well in the East Countries. Glutting Markets may Ruine particular Men, but its far more Difficult to put Tricks upon Companies. D. After all, where can you find a Set of Honest Men, to carry on a National Fishery in England? In Amsterdam, you have your Church-Wardens, Directors of Bethlem, of your Rasp-house, of your Spin-house, &c. Commissioners for your small Differences, and those of your Levant Trade, your Sea Affairs, &c. also your Vroedschap, your Schepens, and your Burge-masters, which are Places of far more Trouble than Profit, yet (being the usual steps to Preferment) are generally (like that of Common-CouncilMen in London) officiated without Reproach. Not for that the Dutch are honester Men than their Neighbours: But because such are found tardy in those Employments are barred all future hopes of Advancement. And should our Parliament address his Majesty to prefer in the Custom house, Excise, &c. such as behaved themselves well in the Fishery, and make breach of Trust therein, to incapacitate Men from serving the Government in any Employment Military, or Civil for ..... Years (how small Wages soever the Corporation allowed,) the Company would never want Servants, that Voluntier like, would vie with each other, who should best serve their Country by most promoting its Fishery. An Honest-Man is a Citizen of the World, Gain, equaliseth all Places to me. And when you Settle a Fishery upon better Terms than our's (as my Grandfather left Antwerp when its Trade began to decay, and removed to Amsterdam) I'le bid adieu to t' Vaderlandt , and Remove to London in the Interim: Farewel. SEeing in the Preamble of an ACT passed in the 14 Car. 2. 'Tis declared, That the Publick Honour, Wealth and Safety of this Realm, as well in the Maintenance and Support of Navigation, as in many other Respects doth in an high Degree, depend upon the Improvement and Encouragement of the FISHERY. And seeing the way to all this Honour, Wealth and Safety is so Plain and Easie, that by only a Frugal and Industrious management of Affairs (without quarrelling with our Neighbours,) we may quickly become sole Masters of the Fishing Trade. For shame let not English-Men longer say, with Solomon's sloathful - > There is a Lyon in the Way. Prov. 26.13.

Economy

A NEW DIALOGUE Between an ENGLISH-MEN AND A DUTCH-MAN.

England's path to wealth and honour between an English-man and a Dutch-man [...]

EcB1717

WHEN I see a Proposal for raising of Money, with a more than ordinary Shew of Zeal for Publick Good, what I first look for is, a certain little Thing in a Corner, which may be properly call'd, The JOB; or what is to be got by the Projectors? And, to say Truth, I was not long, before I discover'd This in the Proposal now under Consideration. And that I may undeceive some well-meaning People, who seem not to dislike the Project, and likewise unmask those pretended Patriots; I will endeavour, in few Words to prove, That the Redemption of the Publick Funds, by breaking into Parliamentary Contracts, as propos'd in the Journals of the Wednesday-Club, and in the two Schemes extracted out of the said Book are Unjust, Dishonourable, Unnecessary, Impolitick, and lastly, a manifest Roguery, calculated to draw a Sum of Money out of the Pockets of the fair Purchasers into those of the Projectors, and their Confederates. Before I enter into the Subject, I think I am bound to declare, That I only examine the aforemention'd Journal; and, that I am so far from suspecting any ill Design in those of higher Posts, whose Business it is to contrive Schemes for the Payment of Publick Debts, that I think, by the Contempt they shew of a little popular Clamour on this occasion, they give Proof of their righteous Intentions, and of a steddy and publick Spirit; and I hope they will be supported in all their honourable Proceedings, in so commendable a Work, which, considering their good Judgment, must tend as well to support the Credit and Honour of the Nation, as to pay its Debts. As to the Injustice of a forc'd Reduction of Funds that are not redeemable, I need say no more than to state the Case of any private Person or Corporation, who has made an absolute Sale of an Annuity; whither such a Person can in Justice force his Annuitant to refund Part of the Money already receiv'd, or retrench any Part of his Annuity for the Time to come, or give up his Security upon Payment of his Original Price? and I desire the Publisher of this learned Journal to apply his Argumentations in this Case, and see how ridiculous they will appear. I suppose this great Lord tells his Annuitant, That when he made the Bargain, his Necessities were pressing, and consequently the Contract disadvantageous. That Money, at that Time, was at a higher Interest, because scarcer, and the Hazard of losing it greater; but now he could borrow upon easier Terms; therefore, he must either take back his Money, or rebate a third Part of his Annuity. That if the Annuitant would not consent to this Rebatement, he should be forc'd to rack his Tenants, or mortgage some Part of his Rents. That by such a Rebatement, his Tenants would sell their Goods at Market cheaper, of which the Annuitant himself, who commonly bought of them, would have the Advantage; and therefore Interest, as well as Justice, oblig'd him to consent to such a Rebatement. That he had other Creditors who had not so advantageous a Bargain, as the Annuitant, and some who had of their own accord disburs'd Money for some of his Predecessors who had no Security at all; that its was highly unjust his Creditors should be upon an unequal Foot. That it was well known, that some Year ago, when his Credit was not so good, his Annuitants transfer'd for Two-thirds of the Money, which they now value their Annuities at; in short, if they were willing to accept of that Sum, there it was; if not, they might take their Course, he had those about him that would make them all deliver up their Securities. I think this is the Sum of what is said through 276 Pages of the Journalist. If we shift the Scene again, and in Place of this great Lord, substitute a Nation or Body-Politick, the Injustice will be only so much the more flagrant and scandalous, as the Person offending is more conspicuous. The Rules of Right and Wrong are immutable, and will no more bend to the Great than to the Small. Before I go further, I must take notice of the Impropriety of the Word Redemption, in the Sense of the Author. Redemption, or buying-back a Thing, implies a Contract between the Buyer and Seller, where both must act as free Agents: But if one Man forceth another to part with his Goods at what Price he pleases, in private Persons it is called Robbery, in Governments, Resumption; which Word I will beg leave to use sometimes, instead of the other, as more proper. P. 250. One of the Author's chief Arguments for the Justice of such a National Resumption, is taken from the Law of God, and the Example of good King Nehemiah; but unfortunately this will prove the Resumption of the Whole, not only to be just, but necessary. The Law of God prohibits the Taking of Usury (by which, among the Jews, was understood all manner of Interest) and so, I suppose, if the Authors Scheme were pursu'd, this Law, enforc'd by a short Act of Parliament, would, in Time, resume the Whole, as it doth now a Third. The Example of good King Nehemiah is strongly recommended to his present Majesty, as worthy of Imitation, and a shrewd Hint given of the Period when such a Total Resumption is to commence, viz. the Seventh or Sabbatical Year, as the last Act and Deed of the present House of Commons; but, I believe, they are more likely to send the Author to Bethlehem Hospital, than to take his Advice. This Argumentation is so silly, that it hardly deserves an Answer: I only beg leave to observe, That the Resumption of Nehemiah was a Judgment upon the known and establish'd Law of the Country, which prohibited taking of Usury; and this Determination acquiesced in and consented to by the Possessors of these Mortgages, not a Law ex post facto , to dissolve a lawful Contract. So much for the Theology of the WednesdayClub. But I would gladly ask, what he means by Usury, and how he applies it in this Case? Money is like other Commodities; sometimes dear, sometimes cheap; according to the Proportion of its Plenty, to its Vent or Demand. If a Person has purchas'd, for a Price specify'd, a certain Quantity of a Commodity from me, when it was dear, would he pay me only according to the Price-Currant, when it is sunk a Third in Value? Let our Author apply that Maxim to common Traffick, and try what Credit it will produce amongst Mankind. The Case of the Annuities is still stronger; for the Price, that is, the Security that entitles a Man to it, is actually paid, and he would have the Government (the Purchaser in this Case) resume a Part back again, because he can now buy the same Commodity cheaper: Indeed, where there is a Clause of Redemption, the Restitution of the Money is the full Performance of the Contract. P. 252. But, says the Author, Clauses of Redemption are plainly meant, tho' not express'd. I would gladly have the Author, and his famous Club, publish a Supplement to the Statutes, consisting of Clauses in Acts of Parliament, that are meant, but not express'd; and let this new Sort of Law be set up, and I will promise him, not only the Government Securities, but all others whatsoever, will sink 20 per Cent in Value. Our Author's Scheme is compos'd of too high-relish'd French Ingredients: The Regent's Method of paying of publick Debts, and Lewis the XIVth's Method of explaining publick Treaties; with a small Dash of the Spirit, where the Letter is defective. There is another Cause that raises the Value of Money in a Loan; the Hazard of losing it; in Proportion to which Chance, the whole Value of the Adventure is to be calculated. Thus 100l. a Year, payable upon the Contingency of one Person's out-living another, whose Life is equally good, is only to be reckon'd and purchas'd as 50, and only the half of the absolute Value to be payed for it; and when the Proprietor of such a Reversion comes to be entitled to his 100l. a Year, would it not be highly Unjust to give him only Possession of 50, because his original Price answer'd only to that Sum? From an Analogous Reasoning, all the Dangers of the Government, and all the possible Cases of Insolvency, must be reckon'd in to the Account of the Purchasers; and it would be full as Unjust in the Government, as in the Seller of the Reversion, to deduct a part of the Sum, in Consideration of its greater Security and Credit, when it is now in better Circumstances. I dare say, had the Purchasers had the least Apprehension of Schemes, such as the Author has set up, the Government must have paid still double for their Bargains. But this Redemption will appear more monstrous, if one considers the Cases of Widows, and Orphans, entitled to Annuities by Marriage-Settlements for valuable Considerations; and I desire the Author, or any one for him, to unravel the Difficulties of the single Case of Reversions, with any tolerable Justice or Perspicuity. To alledge, as he does, P. 143. the Smalness of their Number, and consequently, that the Injustice is inconsiderable, because not extensive, is in effect no better than this: Gentlemen, There is a Necessity for making a Law which will involve a great many Innocent Persons in Sufferings; but you may depend upon it, according to the nicest Calculations, not above 6 per Cent. of you shall be hang'd. As to his other Proposal of distinguishing such Cases of Compassion, I hope the Government will make the Wednesday-Club Commissioners of Enquiry for the forfeited Estates of the Annuitants, and applying of such Præmiums; and I'll promise you they will not change with the Commissioners of the forfeited Estates of the Rebels. After having prov'd the Author's Scheme of Resumption unjust, I think I need not add, that it is dishonourable; is it not then an unpardonable Presumption in this Journalist, to suppose a British Parliament will do, what the greatest Scoundrel would not avow? Refuse to pay a just Debt, break their Faith, violate a solemn Contract: A Parliament compos'd of Persons, that have always made the Supporting of the Funds their Badge of Distinction, from those of the opposite Party, whom they have branded with contrary Sentiments: Will they resume the Nick-names they have given their Antagonists at Elections, and suffer the Tory-Spunge to be thrown in their Teeth by the Populace? Tell it not in Gath. Can he suppose, that this House of Commons has forgot what they told his Majesty two Years ago? That nothing can contribute more towards preserving the Credit of the Nation, than a strict Observance of all Parliamentary Engagements, which we are firmly resolved upon all Occasions inviolably to maintain. Can they put such an Interpretation upon his Majesty's Words, recommending the Payment of the Publick Debts, as if they signify'd a Resumption, when his Majesty told them in express Terms, at their first Session, that nothing can contribute more to the Support of the Credit of the Nation, than a strict Observance of all Parliamentary Engagements? What Punishment then is due to such Insolence, that can suppose, that the same House of Commons (with Reverence be it spoken) will, like Common Cheats, promise any Thing in their Streights, and when those are over, leave their Creditors the rueful Exerience of their forward Credulity? This Method of Redemption, in the Author's Sense, if apply'd with the Equality so much pleaded for, will raise a much greater Sum than what is propos'd; for it ought to affect equally all that have made advantageous Bargains with the Government; then, why is it not equally just to repay to the present Proprietors of the Forfeited Estates in Ireland their Original Price, as to the Annuitants? They have both the same Security, the Faith of an Act of Parliament; only the Landed-Men have made the more advantageous Bargain, for their Purchase is risen to be near double in Value; and the Commissioners for such a Redemption, can as easily value Repairs and Improvements as the Extraordinary Cases of necessitous Annuitants. Nay, if the Author pleases, let us carry his Level into another Field, and redeem all the Fee Farm Rents that have been alienated from the Crown at an under Value; and what is infinitely more just still, resume the Exorbitant Grants of the Crown for several Years past; for there is no Proportion between him that paid the just Value, and him that paid nothing; between one that has a Parliamentary Security, and one that has none; between those that can spare it, and those that can not: And if they had Parliamentary Securities, it is always more just to take back an extravagant Present, than to defraud a fair Creditor. As an Instance of the Right of Parliaments to seize upon private Property, where the Publick Good demands it: It is said, that if the Government had occasion for a Fortification, or a Harbour, they can oblige the Proprietor to part with the Ground, where they are to build. I answer, not in Justice, without paying him the Value. Indeed, Governments have sometimes limited the Price, when the Proprietor was extravagant in his Demands; but there is no Parallel between a Case where the Safety of the Government is immediately concern'd, and one where it is not; where no publick Faith is broken, and where it manifestly is. Besides, such a Power by Acknowledgment belonging to all Governments, all Proprietors of Lands, purchase under the Chance of the Exercise of it, as much as under that of a Land-Tax. This leads me to the Case of Necessity that is pleaded. And here I beg leave to observe, that Necessity set up in Opposition to Justice, is a terrible Plea in the Hands of the Mighty. Necessity may be a Plea for one Man's eating another; and in its full extent, upon some Occasion, might justify the Victualling a Ship with some of the Annuitants, as much as it does now seizing upon their Property. To state this Case as disadvantageously for my self as possible; there are about 40 Millions of Debts, with Interest above 5 per Cent. of which there are about 21 Millions Annuities; of these Annuities about 10 Millions of 99 Years, and 11 of 32 Years; of the 11 Millions of 32 Years Annuities, there are, I think, 2,400,000l. which are not redeemable; the rest are: But suppose the Debt of 11 Millions of 32 Years Annuities were left as it is, they will all expire, either a Year before the last Period fix'd by the Author, for Payment of publick Debts; or at the time, or three Years after the time. The remainder then is 19 Millions, which is a pretty large Subject for the Frugality of the Government to work upon, and yet it is manifestly practicable to pay this Debt off. For an Annuity of 1 per Cent will pay off a principal Sum in 33 Years, with Interest at 6 per Cent; and in 35 Years with Interest at 5 per Cent; so that the Sum of 190,000l. will pay off 19 Millions in that time; and 290,000l. will pay off the whole 29 Millions of publick Debt, (exclusive of the Annuities of 99 Years) according to the Author's extravagant way of reckoning: But suppose by a settled Condition, (of which we have the happy Prospect under his present Majesty) and a great Abatement of Annual Expences, the Nation should be able to make some great Payments of the Capital, or raise half a Million a Year; that half Million will pay off the whole 29 Millions in 28 Years, (two Years more than the Author's period) reckoning Interest at 5 per Cent. As for the 10 Millions of 99 Years Annuities they are no less redeemable than the other Funds; the single Question is, Whether this is to be done at a forc'd Price, or at a Price by fair Contract, between the Buyer and Seller? (which I think can only, with propriety of Speech, be call'd Redemption:) For if a private Person can purchase an Annuity, a Government can; all the difference between the Case of a voluntary, and that of a forc'd Redemption (which I will put at 4 Years purchase) will be 2,788,275l. 17s. and 6d. This I affirm is not a Sum to be put in Ballance with the Honour and Credit of the Nation. It is certainly a very practicable Thing for the Government to convert those 99 Years Annuities, into a redeemable Debt; and let them but open a Subscription at any time, with some Advantage to the Annuitants, at the currant Interest of Money at that time, and the Bulk of them will be subscrib'd: And to a Government that supports its Credit, it will be all one whether the Price of these Annuities be high or low, because they can only rise as the Interest of Money sinks, the latter being the Cause of the former; yea, it will be the Advantage of the Government that they should be high, rather than low, because they can in that case borrow Money at so much a lower Interest, either to buy off those Annuities, or to pay off those other Funds that are redeemable. I have in these few Hints purposely avoided precise Calculation, for the Reader's ease; and if there be any little Error in the Numbers, it will not break the thread of the Reasoning. It is true, the Annuitants, if Parliamentary-Contracts are observ'd, must be in a better Condition than the other Creditors of the Government; but to such as find fault with this proceeding, the Government may answer, as the Landlord in the Gospel did to the Murmurers, against his seemingly unequal Dealing with his Day-Labourers; Friend, I do thee no wrong, didst thou not agree with me for a Penny? take that is thine; is thine Eye evil, because I am good? This may be said for the Annuitants, that those Creditors of the Government who have had their Money upon the Stocks, have had many Opportunities of improving their Capital, and turning it to Advantage, and which the Annuitants have been deprived of; for the loss of which, this new Advantage may be but a reasonable Compensation. It will not be improper, in this Place, to apply my self to the LandedMen, and desire them to consider, that tho' this Project of Resumption seems alluring at first Sight; yet it is highly probable it may be the Cause of greater Suffering to them, than all the present Advantage they can reap by it; for they stand, in relation to the Government, as a perpetual Security to a Debtor; and whatever false Steps the Debtor makes, the Security must at last pay for it. And if by the Wound which such a forc'd Reduction gives to publick Credit, the Government, in some future Exigency, should be forc'd to give exorbitant Interest, they will feel it more sensibly than they did some Years in the last War, when their Lands sunk several Years Purchase. One Thing is plain, That sinking the Credit in the Government, will naturally hinder the Lowering of Interest, which is always to their Prejudice. As to the Necessity of Relieving the People from the heavy Taxes upon which those Annuities are payable, it must be consider'd, that according to the Author's Scheme, either those Taxes, or Taxes equal in Value to them, must be continu'd for a lesser Term of Years; and it will not be any Hardship to change their Funds, if the Annuitants have an equal Security, and the same Sum as punctually paid. I have suppos'd hitherto Interest at 5 per Cent; but it is almost certain that Interest will still sink much lower, as the Government pays off its Debts; for what can their Creditors do with their Mony? Keep it by them? That is worse than the lowest Interest. Employ it in Trade? That is pretty much charg'd already: Besides, the Bulk of such Dealers in Mony are unskilful, and timorous in Projects of Trade. Will they carry it Abroad? There they have less Interest, and worse Security. Purchase Land? That will rise in proportion. I cannot see what is possible for them to do, but to lend it back to the Government upon any Terms. This will appear evident to any one, who considers what the Proprietors of Ten Millions of South-Sea Stock could do with their Mony, if the Government should tender it? To be sure they must lend it back at Three per Cent. rather than keep it by them, and all this with the Credit and Honour of the Government; whereas on the contrary, should the Government force the Proprietors, by a Law, no Body can tell what Terms they must borrow Mony upon for the future. These few Hints may serve to prove, that there is not so great a Necessity for so violent an Expedient, which the Greatest will hardly justify. I proceed now to my third Head, which is to shew, That a forc'd Reduction of the Funds is highly impolitick. What Value can be set upon the Faith and Honour of a British Parliament? What has carry'd us through two such Terrible and Expensive Wars, as History can hardly parallel? What has sav'd us in the most dangerous Junctures? Nothing but the Opinion of the World, that the British Nation would never violate their Faith: And as this Principle has sav'd us in our past Distresses, it is able to do so in Twenty more: And shall we barter this invaluable Jewel for a paltry Sum of Mony? Must the Generous, Steed that has carry'd the Soldier through Twenty Battles, and may carry him through many more, be knock'd in the Head to save the Expences of Keeping? Can any Man say we shall never have occasion again for National Credit? Perhaps it may be answer'd, if such a Juncture should happen, the propos'd Resumption, with the Land and Malt-Tax, will enable the Government to carry on any War they may be engaged in afterwards, without being obliged to borrow. This is so absurd, that the very Insinuation is enough to Ruin the Publick Credit entirely; for the Surplusses of the Funds, by the Author's Scheme, being engag'd for Payment of the principal Sums, the applying them to the Yearly Service, must put the Proprietors out of all Hopes of ever being reimburs'd, and involve the Nation in insuperable Difficulties; for this is seizing first upon the Interest, and then upon their Principal. To all this the Author answers, with a Never fear: England will always find Mony: Great Premiums will always bring it in upon an Exigency. But is it not obvious for a mony'd Man to reason about his Premium, from the Experience of the Reduction of his Interest? 'Tis true, Gentlemen, you allow me such a Rebate now, but when this Difficulty is over, I shall only be paid according to the Sum advanc'd; and be told, That I Prey'd upon the Necessities of the Government. Can a private Man who refuseth to pay a just Debt, ever hope to borow again in his Difficulties? If I grant, that a private Person may, because the Law can compel him to pay if he is able; I am sure a Government never can, because they cannot be compell'd. Credit is compos'd of Ability and Willingness to pay; in Persons under the Power of Laws, there is a Remedy against the Latter; but Unwillingness in a Government, is an infinite Obstacle which no force can remove: Therefore, their Faith should be inviolable, as much as their Power is uncontroulable. If the Government should make the smallest forc'd Rebatement of their Debts, can any Man say where this will stop? Necessity and Convenience are Arbitrary Things, of which every Man judges according to his present Views; but these Points are still more ticklish, when they take the Mony out of one Man's Pocket and put it into another's: In such a Case, few will trust to the Rectitude of Judgment, when they have Experience of the Perverseness of Inclinations. Can any Man say to Violence, so far thou shalt go and no further? The Plea of the Resumption-Men, when the Fences of Justice are once broke down, may serve as well for the Whole, as for the Part. Thus it may happen, in process of Time, That as one Sett begins to rub out a Part of the Score with a wet Finger; another (by the Assistance of the same Argumentations) may come at last with their Spunge and rub out the Remainder. I might, on this Head, appeal to the Experience of Governments which have suffer'd by breaking their Faith in Mony-Contracts, and never could again be trusted in their Exigences. I believe the Examples of the Methods that are now practic'd in France and Holland, in relation to publick Funds, do not prove, by their Consequences, that they are worthy of Imitation; and I will be bold to aver, That should any new War happen, the Credit of the British Parliament would be of more Advantage to us, than all the Funds they have redeem'd with the Loss of their Credit: Yet it is from the Proceedings of France that the Author seems to have copied his Scheme, with this difference, that the Determinations of the French Chambre Ardente , are more equitable than those which our Author offers to a British Parliament; for no Body will deny that it is more just to make some Individuals, (which by base and indirect Means have overgorg'd themselves with the Publick Treasure) spew up their unrighteous Gain, than to defalk from the fair Purchasers. I will go further, and affirm, That the Example of our Neighbours is rather an Argument for a contrary Proceeding: And it will be more for the Interest and Glory of Great Britain, after so many Millions spent, to be the only Nation of Europe that never broke their Faith; a Proceeding that some time or other may be of infinite Use to the Nation. I beg Pardon for spending so much Time in proving a self-evident Proposition, viz. That refusing to pay a just Debt, will sink the Credit of any Person, Body-Corporate or Politick, and that such a one can never, for the future, borrow Mony upon such easy Terms as before: So that the single Question, as to the Point of Expediency of this Method, towards obtaining the End propos'd (the Payment of Publick Debts) is this: Whither the Government, by a strict observance of all ParliamentaryContracts, had not better take the Advantage of the Certainty of Lowering of Interest, and consequently of borrowing Mony still upon easier and easier Terms, for redeeming the Funds that are redeemable, and contracting with the Proprietors of Funds of those that are not, than to pay off their Creditors by a forc'd Reduction, with the Prospect of never being trusted for the future? A Politick much like that of the old Woman in the Fable, who ripp'd up the Belly of her Hen that lay'd a golden Egg every Day, in order to find the Mine. I come now to what I at first call'd, The JOB, which I take to be the Key to the whole Project, of which it is possible the Publisher may be ignorant. Amongst the List of publick Debts the Author reckons thus: l. Houshold Debts of King William - - 600,000:00:00 Arrears of the Army, and Debts of the late Queen 2,000,000:00:00 2,600,000:00:00 Here I desire the Reader to mark the knavish Way of Stating the last Article: The late Queen's Debts compose, with the Arrears of the Army, two Millions; when, perhaps, there are not Fifty thousand Pounds on the first Score, and not near that Sum beyond what Her Majesty has left Effects to pay: But under this Head are huddled up all old Claims, I suppose, the Hundred and thirty thousand Pounds due to the Dutch Regiments, which their Agent never accounted for; a blasted JOB of many Years standing; and God know how many other Things besides, which are now Stock-jobbing about Town, and are rose from Nothing to 10 per Cent. Now let any Man judge, when such a Sum of desperate Debts, (that to the Army excepted,) are brought up, perhaps for 5 per Cent. what Sums may be got? I will be bold to say, here is a Temptation too strong for the Vertue even of some former Houses of Commons, or perhaps any less Honest than the Present. To make this Project more palatable, and the Solicitors more numerous, all concern'd in these Debentures are engag'd in Interest to promote it, and the Annuitants are fall'n upon because they are single Persons, and no Corporation, which is no small Artifice. Vide said Scheme. Accordingly, mark how the Author lessens the Publick Debts, for Payment of 39,602,043l. 03s. 07d. he immediately raises 42,000,000l. and besides the 42 Millions, a Sum of 62,000l. a Year, which will raise a Million and a half more. A plentiful Field This is plainly the Mystery of the whole Proposal; for I will always lay Gold to Silver, That where there is a Project of Twenty Millions of Publick Profit, and only Twenty Thousand of Private Gain, that the Twenty Thousand, and not the Twenty Millions, the Private and not the Publick Gain, gave Rise to the Proposal. The Author's Proposal is no more Roguish, than the Methods by which he would bring it about. In order to make the Annuitants submit to this Redemption, they are threaten'd threatenn'd with a Law of Restitution, p. 134, 135; with being Taxed, p. 181; with a Mob, p. 189; and lastly, such Principles advanc'd, as will prove the Necessity of a Lex Agraria ; yea, an equal Division of Property throughout the whole Kingdom; so hard it is to set Bounds to Injustice. Lastly, This short Payment, and forc'd Redemption, is to be made with Exchequer-Bills, the Value of which is falsly calculated, from the Premium upon the present Exchequer-Bills; which can be exchang'd, every Moment, for ready Money; when on the contrary, such a new load of Bills must be at a considerable Discount, in proportion to their Increase; especially, when not circulated by the Bank. Upon the whole, the state of the Case as it stands in the Proposal is, Whether a Parliament will break their Faith, in order to defaulk two per Cent. from the Annuitants, to give four per Cent. to those who have no Demand upon them at all? Whether they will pay a Debt twice over? Whether they will raise the private Credit of the Crown, upon the Ruin of the Credit of the Nation? Whether it is not more just to pay the private Debts of the late King William, and Queen Anne, out of their Exorbitant Grants, than out of the Estates of the Annuitants?

Economy

THE Injustice, Dishonour AND Ill-Policy OF Breaking into Parliamentary Contracts FOR Publick Debts.

Wednesday club-law: or, The injustice, dishonour, and ill policy of breaking into parliamentary contracts for publick debts [...]

EcB1720

I Acknowledge my self a Person so retir'd, that the late Pamphlet, Intitled, The Crisis, though it treats on the important Subject of Property, might have escaped my Perusal, if it had not come to my Hand by the Penny-Post; perhaps, from some conscientious Senator, to check, and reprove me for having early discoursed, and concerned my self on this Subject of the Annuities, and for having promoted the Proposal of the South-Sea Company; I had heard such a Pamphlet was publish'd by the Governour of the Company of Comedians, therefore (as I had also at that time no leisure) I slighted the Pamphlet, and laid it aside, expecting no extraordinary Performance on a Subject of this Nature from a Person so employ'd; but by Chance observing soon after the well-known Name of the Author, I immediately read the Treatise. This second Crisis, in the beginning of it, falls something foul on the ingenious Mr. A. H. because of the Estimate that Gentleman publish'd of the National Debt, and the Remarks which were subjoin'd to some Calculations made in April 1717. This ingenious Gentleman assiduously attends the Service of his Country in Parliament; and at this time, especially, when the publick Debts and Accounts lie on the Table, may probably not be at leisure to publish any Thing further on this Subject, though his Words are quoted relating to the Funds; and his Thoughts and Reasoning thereon, openly Arraigned by our Author. I shall however touch but lightly whatever respects the Calculation, and Arguments, grounded on the Topick of Profit and Loss; but shall keep to the more exalted Subject of Sir R's Treatise; a Subject sufficiently copious (viz.) The Law of Equity! A Law that demands out highest Regard, and strictest Conformity! A Law Sacred, Eternal, and Immutable! To undertake what relates to the accompting Part, is indeed needless, after having been so well perform'd in the said celebrated Schemes, and Remarks; which have also been Revised, and in some Things amended by the accurate and elaborate Pen of Mr. Crookshanks; but these Schemes relate only to the Exchequer and Parliamentary Funds. Sir R would instruct us in the more universal Dealings between Merchants, whether of the same, or different Nations, and likewise between sovereign Powers, and their own Subjects, or the Subjects of other Princes. If I should presume to meddle in these Things, Mr. H who is rightfully in Possession of this Part of the Subject in Question, may esteem me a Trespasser, and thus I should hazard being attacked by both these Champions; each skilful at his Pen! Each a Veteran of such Abilities, that I am very sensible they can do what they please with a Feather; a dangerous Weapon in some Hands! They Combat also both of them under the Buckler, the broad Shield of their Right of Session in the Senate House. I am a naked Man, a weak Opponent; a Shadow when compar'd with the Nestorian Race of the Iron-sides, now an Equestrian House; therefore with due Submission, though without Fear or Despondency, I enter the Lists, relying on that supream Power to which Sir R has Appealed; EQUITY is my Guard, and if that cannot defend me, I am sure to be foil'd, and am already disarm'd. Sir R begins with a long Paragraph, which he mentions to be taken out of Mr. Hutchinson's Remarks; and wherein it is said, "That if the Annuitants were to account in Chancery as Mortgagees at 6. per Cent. Interest, after the common Method of making up such Accounts, a large Sum will be due from the Lender to the Borrower even to the amount of 30. per Cent. at that time above Principal and Interest, instead of receiving any Thing further from the Publick. But the Equity of doing this doth not appear to me to be either recommended or asserted by the Author of the Remarks; neither is the Re-purchasing of these Funds any otherwise mentioned, "than as a Matter which had been first opened on the Occasion of a Scheme for Redemption of the Publick Funds, which was made Publick before Mr. H publish'd his Schemes. In this long Paragraph it is also mentioned, "That there had been an Attempt the then last Session for obtaining an Act which should have reduced the National Interest to 4. per Cent. And in this Paragraph Mr. H says further, "That if the Parliament should not be of Opinion to Re-purchase these Annuities, then there would be no need to mention them in any future State of the Publick Debts; but the Nation, in that case, must rest contented until the Expiration of the long Term of Years for which these Annuities (now called the long Annuities) were granted. A melancholly Prospect for a Nation groaning under the Pressure of these Debts! But the Facts are fairly stated; and the Remarker only further mentions as his Thought, "That if Interest is reduced to 4. per Cent. by Act of Parliament before these Annuities are Re-purchased, or an Agreement made by the Publick for Re-Purchasing them; in such Case, the Value of the Annuities will be increased the further Sum of Three Millions and an Half more than they then were, and that the same would be worth about Seven Millions and an Half more than the Money originally advanced; which would raise the value of these Funds to the Sum of Twenty Millions and an Half . This must be what the Guardian of our Property in his Crisis terms Mr. H his Opinion; and thereupon he affirms, "That if the Majority of the Honourable House should be of the same Opinion, and act accordingly, we may bid Farewel to the Wealth, and Honour of Great Britain . To this, I answer, that if a few Weeks more should demonstrate, that contrary to our Author's Expectation, the Parliament are of Opinion with Mr. H, and also are convinced, that this Matter can be effectually Remedied without Breach of Publick Faith, or Iniquity in the Legislature (as certainly it may) in such Case, I say, I shall be inclinable to mistrust, that Sir R has not well Reasoned, nor rightly Computed either with relation to these Schemes, or the Majority of Votes; and if thro' the forward Zeal, and now generous Proposal of the South-Sea Company, we should be so happy as to obtain by the Aid of Parliamentary Equity, the Redemption of the Nation from this, and other heavy Burthens of Publick Debt, such a Conjuncture might justly be stiled the Crisis of Property (the Prospect whereof to our Comfort, appears not very remote) from such Proceedings, I shall conclude quite contrary to our Author, and from this ÆRA shall date a prodigious Encrease of our Trade, our Wealth, and our Strength; and in consequence it must follow, that Great Britain will appear in Credit, in Honour and Renown beyond all past Ages. And this Aggregate Fund of the South-Sea, will at length prove in earnest the Spunge of the State; it will suck up, and wipe out, and pay off, all the rest of our old Scores! But to proceed, Sir R in his 7th Page is surpriz'd that Mr. H does seem to suppose, that the Borrower is Master of the Lender; and yet they who have been accustomed to lend Monies, or have observed the Course of Business in Chancery, must have perceived, that the Borrower frequently sets the Lender at Defiance, and will neither repay, nor perform Convenants until compell'd by the slow Methods of Equity; but in the Case before us, the difficulty probably will lie on the contrary side: The Lender, so much extoll'd for the good Friend of the Government, is in danger of appearing the wayward Party; what will Sir R be able to say on his behalf, if this forward and adventurous Subject for the Good of the State (as he calls him) shall be found so resty, and obstinate, as neither to lead nor drive, and when left to his free Will and Pleasure to take his Choice, whether he will promote the publick Good, and his own Interest, by accepting a Sum of Money for his Annuity, which shall bring him in a better Income; or an exchance of his Annuity for another sort of Annuity, which shall bring him in Yearly a larger Sum, and be also readily Saleable for a greater Sum than his Annuity at the highest would have sold for; yet shall this applauded, good, and generous Subject refuse to do either; but being perswaded that he is in the Right, and encourag'd in it, shall sullenly Hug his Property, though to the Prejudice both of himself and the Publick! Our Author is a Man of a quick, penetrating, and active Thought, therefore I shall avoid to swell this Discourse to a length, which is needless, and which my Affairs do not permit, but only to add some Hints which seem not to occur to Sir R, and leave him to reflect thereon at his Leisure. But with his Permission, I shall first for a while address my Discourse directly to the Annuitants, and tell you, Gentlemen, that they who would have Equity, must do Equitably; I am not delivering a Subpœna to bring your Cause into Chancery; but as I presume you are convinced, that the Determinations of that Court are Equitable, I would try your Pretensions on this Touch-stone of good Conscience, that you your selves, if you can be impartial, may perceive the too near Resemblance. I shall say nothing of the Bristol Bargain, because in that Practice, the Principal was receiv'd in Parcels, together with Interest: But you, Gentlemen, after all the exorbitant Gain of some of you hitherto by the 9. per Cent. and 14. per Cent &c. are intended and desired to receive Back your Principal, not only intire, but with as vast encrease thereof, as those who speak for you pretend now to insist on, (if they are steady to any Thing, and do not rise more and more in their Demands as Concessions are made;) therefore, I say, your Bargain is yet worse, (that is,) more Extortionous, much more destructive to the Publick, the Borrower, than the Bristol Bargain, or than what the French call Le fond perdu , which Method was once attempted here, but our English Parliament did declare their dislike by rejecting that Offer. I own you are not to be dealt with as Mortgagees, yet your Case differs not so much in Point of Conscience from some of theirs, as your Advocate would represent; for he that Lends on a Mortgage, runs the Hazard of the Title, and of Incumbrances, &c. as much or more than you; and since you are Lenders, consider a little, I pray you, the Proceedings of the Court of Chancery, and what Relief is given against Contracts and Convenants that relate to Interest on Mortgages, and to Redemption. A Person lends Money at 5. per Cent. when six was not against Law, and might easily be had; the Borrower had also a Flaw in his Title, (but I shall wave that Matter.) The Borrower agrees to pay Interest Halfyearly, and Covenants, that if no part of the Interest of two Half-years together should be paid at the end of the Year, or within one Month after at the furthest, that then, and from thenceforth, such Year's Interest (whereof no part had been paid) should be deemed Principal, and from thenceforth should carry Interest: The Interest amounted to 400l. Half-yearly, yet no part of the Interest was paid within the first 13. Months; a second 13. Months incurr'd, yet not one Penny paid of the Interest: The Lender being now dissatisfy'd, apply'd to Equity; a third Year incurr'd, during the Proceedings, and when the seventh Half-year was past, and not one Penny of the Interest paid, this Matter receiv'd a Determination, viz. that the Lender should be repaid his Principal, with three Years and a Half's Interest at 5. per Cent. without any Addition thereto. Should I suppose my self in this Case to have been the Lender, yet I would not complain; if I should use Invectives, the Great Man who gave this Determination, is, I believe, as well able to justify his Opinion now, as he was then to support his Authority. One other Case you may permit me to tell you; the Borrower had contracted to pay 5. per Cent. Interest, but covenanted, that if at any time two Half-year's Interest together should be behind, and no part thereof paid within one Month after the end of the Year, that then, and in such Case, the Borrower would allow and pay after the Rate of 6. per Cent Interest for such Year, (6. per Cent. being then legal Interest.) One Year and a Half passed, and no Interest was paid, nor could the Borrower be prevailed with to repay the principal Money with barely 5. per Cent. Interest; hereupon Equity was apply'd to, but after much Time and Money spent on this Matter, the Lender was allowed no more than barely his Principal with 5. per Cent. though his Matter was complicated with a Circumstance, which some eminent Practicers did agree, render'd it a hard Judgement. The Lender, in this last Case, was only an Assignee; the first Lender had the same Covenant for 6. per Cent. and the Interest in his time being ran far behind when the Mortgage was assigned, (which was done with the consent, and at the earnest Request of the Borrower,) this first Lender was actually paid after the Rate of 6. per Cent. (according to the Contract and Covenants) for two Years, which were then behind, and due to him; yet (after a further two Years and an Half's forbearance, and much longer before this Matter receiv'd a Determination) the Assignee was allowed only 5. per Cent. Interest; had this happen'd to me, it would certainly have inclined me to have placed for the future my little Cash entirely in the Funds; but it hath been my Fate to know also, that bad Titles are to be met with by Mortgagees; for these Reasons I gladly accept the same Interest on the Funds, as before on a Mortgage, and now I have Quiet, and can fully depend on receiving the Interest duly; however, your Advocate will have it, that YOU Annuitants have extraordinary Merits, and are not in the Condition of other Subjects; I shall therefore, without Exaggerating, tell you what I know of this Matter. It was once my good Luck to get Admittance at the Exchequer by Proxy, to subscribe for an Annuity, upon which Subscription, in little more than a Fortnight, I gained, at least, 800l. above Principal and Interest by the Sale thereof at the Price then Current, and which Price was daily advancing; this was done during the Winter; there was no Battle fought, nor any Treaty of Peace on Foot; and yet your Advocate doth assert such Gain to be Meritorious; but as most of you at this time may be only Assignees of the first Annuitants, and know little of the true Circumstances of these Transactions; I beseech you not to be too far misled by the insinuating and plausible Arguments, and the florid Discourses of your Advocate, but permit me, without offence, to represent your Case in a truer Light. The Views, and bewitching Prospect of excessive Gain, were such, when some Annuities were subscrib'd for, that they well deserve to be remembred on this Occasion; sometimes Books were laid open, wherein the Subscriptions were immediately fill'd up, before sufficient Authority was given for laying open such Books; and when the Parliament, and the Exchequer had given the Authority and necessary Directions for doing it, (if the ill Consequences of these Subscriptions did not avert one's Mind from making sport with the Matter,) I should be apt to say, Spectatum admissi risum teneatis ? How many Wealthy Citizens with their Agents? How many decrepid Usurers were crowding by break of Day to get in formost on the first Opening? How many sat up all Night with their Bills and Notes in hand, or Luggage of Bags, brib'd the Door-keeper for Admission? And by this Means, some of these brave Warriors of the forlorn Hope, had opportunity of doing themselves the Honour within this Field of Battle, to lie all Night upon their Arms! These, and such like, as I have heard, were the true Circumstances attending some of these Subscriptions; and as for those whom your Advocate calls good Citizens and Patriots; they and their Agents (a few excepted) cannot justly be supposed to have acted thus only out of their abundant Affection for the Good and Safety of the State; it may, I think, with much more Justice be suspected, that many of them deserved rather the Name of Parricides, seeking to gorge themselves with the Entrails of their Country, at that time requiring their more compassionate Assistance; the Oppression and Artifice at such times as these cruelly practised, might justly before now have deserved a Redress from Publick Equity, if the Publick were inclinable to exercise the Summum jus , which your Advocate pretends to fear. How excusable this would be in the present Parliament, if there were any Necessity for it, and they were disposed to act thus, will plainer appear, if you permit me the Liberty to assert, that sometimes there was in Fact somewhat of Extortion, and want of Equity in many of those who lent their Money, and wrested these Annuities from the hands of those who would have managed better for the Publick, if they had been at Liberty to have acted for the best; but too many among the Law-makers, and others then in Power, imposed these Bargains on the Publick, and were upon the Matter too near a-kin, being many of them both the Lender and the Borrower; that my Assertion herein, may not be represented to be groundless or partial, it is necessary to proceed a little farther in stating what I know relating to this Matter, to the Honour of a Worthy and indefatigable Servant of the State, in Matters of this Nature; I stept sometimes out of the Court of Chancery to discourse with this Gentleman, proud of the Liberty he gave me in being admitted to do so; after I had twice urged him with Arguments against granting Annuities, he seem'd to be displeased, as if I reproach'd him and others who influenced these Things as Persons managing ill for the Publick; whether Mr Lds can recollect this Discourse, I know not, but I very well remember, that at length it was answer'd me with some Resentment; "I don't want for Arguments to convince me that these Annuities are not the best Method of Raising the Supply; but what can we do? They will not be quiet without them!" And by the Tendency of this Discourse, I conceiv'd, (as I do not doubt but that it was true in Fact) too many of the Parliament, the Officers of the Exchequer, and the great Corporations in London, were the chief Subscribers to these Annuities; and in short, either I mistook him, or this Gentleman's Words did imply, that, at this time, it was chiefly the Members of Parliament themselves that were bent upon Raising the Money this way. But let us come yet closer in this Matter; for though I have not any Annuity in Possession, I must own, Gentlemen, nos inter nos , that I have some Reversions; and do think that this were better to be discoursed among our selves, than to be thus exposed and publish'd Abroad. The Members of this present Parliament will not easily be perswaded, that when your long Annuities were subscribed for, and purchased at very low Rates, the Government really was at that time in such imminent Danger as is pretented; or that there was any sudden Hazard, and probable Loss foreseen: In Times of Danger, the Thoughts of Men are apt to be most quick and cautious; and who that had realy seen such Dangers at Hand, would have made this Choice; (the Purchasers might then have had almost what they would;) and certainly upon imminent Danger, or visible Hazard, an exorbitant Interest for a short Term had been much better and safer; and it will scarcely be believed, that where a Man can see that the Title is dangerous, he would, notwithstanding, make Choice of a Lease for so long a Term as Ninety-nine Years, and guard himself also against the Right of Redemption. If you, Gentlemen, are true Friends of the Government, and Lovers of your Country, you have now an opportunity of shewing it, and of serving your selves also, by assisting chearfully to set open the Gates of Redemption. The South-Sea Company's Proposal has raised your Annuities three or four Years purchase; if you like not to deal with them, it is probable, however, that so many Others will be desirous, as shall serve during this Transaction, to keep up the Price of your Annuities; if you as a scatter'd Body do suspect hard Usage from a powerful Corporation, your Access to the House of Commons is as easy as theirs; but if you endeavour to urge Things too far, I wish you to look back to the Case I have cited, where the Borrower himself allowed to the first Mortgagee, what the Court of Equity denied to his Assignee; yet I mistrust not the Favour of a British Parliament towards you, while you seek not to oppose that great and good Work which they have encourag'd. In setting a value on your Annuities, you'll consider that your 10l. per Annum will be in your own Hands a fixed Sum, and dead Weight on the Government; but if subscribed into the South-Sea, or purchased by them, it will after Midsummer 1727, begin to move off briskly, and will then be to them, and to the Government but 8l. per Annum ; you'll consider also, that the Stock of the said Company, may, and doth advance much faster, and higher in the Price, than your Annuities; and that their Dividend may be also greatly enlarged; but Yours as an Annuity with you will remain the same; these Things should chiefly incline you to set a higher or lower Value on the one, and the other, according as your own Reason, or better Advice shall direct you; but for you to apply to Parliament to fix a Price, (as some have discoursed, you do intend to do,) that you may be certain of Admission into the SouthSea Stock at that Price, this will be difficult to adjust, because of the greater Variation in the Price of their Stock; and if this were now fixed, the South-Sea Corporation would not be willing to be long tied down to such fixed Prices; nor can it be expected of them, while you remain still at Liberty to sell, or not, and to subscribe into them, or not, at your Pleasure! But this is not my Business; you among your selves will find out the Ways and Means for setling all Things to mutual Satisfaction; but what is part of my Business while I am Writing this, is to disswade from such Thoughts and Attempts as may prove the Ruin of many of your selves, and Families; I would apply this, not only to the Annuitants, but to all such other Persons as may be inclined, or drawn in to endeavour to run down the Price of South-Sea Stock; or under a Notion of setting a certain Price, or Value on this Stock, such a Price as is not in the least probable, (according to common Methods, and the Course of other Things,) it should exceed; and depending on such like Notions, are eager to sell this Stock at time for higher Prices, esteeming the Gain this way, as good as certain; or by taking large Premiums, or earnest Money, to deliver this Stock at three Months, six Months, or twelve Months after, at a fixed high Price; as suppose it be 150, 200, 250, &c. per Cent. Some also venture to sell this Stock when they have none; or do sell ten Times more than they have, or are able to make good upon a sudden Rise; such Notions and Practices, I say, may be the Ruin of many Families, and it is chiefly to caution against, and to use my endeavour to prevent this approaching and spreading Evil that I have taken Pen in Hand, and resolved to publish these Sheets, great Mischief hath often befallen those who have used these Ways in other Stocks, but certainly it will be found more dangerous and fatal in this Stock of the South-Sea Company. The shallow Waters are more proper for the Fry, and smaller sized Fish; Men of great Estates may bear with Losses this way, as well as by other ways of Gaming; but for a light Purse there is not any Game more Fatal. The Enlarging the South-Sea Capital, and the Consequences thereof, as to the Ministry and the State, is a Production worthy of the Genius of Great Britain; but as to Men of mean Estate, it is, Monstrum horrendum, informe ingens . You Gentlemen may have heard of Scylla, and Charibdis; of Ætna, and Vesuvius; but here depend on't there are Mountains, and Rocks more stupendious; and by far more tremendous Gulphs! Beware then! Launch not out in Fly-boats beyond your Knowledge into this vast Abyss of Southern Seas: I fear not a Chaos of Confusion, or a second DELUGE, but do fully expect that the next Age in speaking of this, will use the words of Ovid Omnia PONTUS erat! But I am to ask Pardon of Sir R, and expect it from his 10th Page, where he promises to have Patience; and to deserve this at his Hands, I shall proceed to give him those Hints I promised, viz. That in many Cases, Equity is exerted, where Persons out of Wilfulness do prevent their own Benefit, as well as the Publick Good. There are Men that will not suffer their boggy Land to be drained; others, such Lovers of Liberty and the Commonwealth, that they will not suffer Wasts, Heaths, or commonable Grounds to be inclosed, though they might thereby become Owners of a Proportion in severalty; but in such Cases Equity Over-rules; in time of Danger by Fire, Houses are pull'd down, or blown up, for the Publick Good, though against the Will of the Owners; also to preserve the Town, the Suburbs are frequently burnt or demolish'd; even the Town is destroy'd to preserve the Citadel. A Person in Danger of immerging through the Weight, or Force of another, may even destroy the other to preserve himself; and a Thousand such like Instances might be given. As to our Author's 14th Page towards the latter part, and in the beginning of the 21st Page, I am willing to suppose some Error of the Press; especially where it is said, that the Borrower ought not to intermeddle with what is Lent, but by the Command or Application of the Lender; this, I suppose, should have been the Security for what is Lent, which the Borrower is not to meddle with; (because this moves from the Borrower, and passeth to the Lender) for if it were meerly the Thing lent, (as suppose it to be Money lent, which the Borrower is not to intermeddle with,) in such Case, if our Author will be so Equitable towards me, as to permit me for a while to intermeddle with, and borrow some of his Expressions, and to use, and apply them only for the present, as I think proper, in such Case, I would say, that this seems something like what he calls a Chimera, or Crudity; for at this Rate, his Lender would really be an Oppressor, and his Borrower a Bubble; and thus these Terms might be Synonimous, if not convertible; and our Author would have proved what he is not willing to own, (viz.) that his Lender not only had, but still hath too much Command over the Borrower. After the like manner, his Treatise may Endeavours to prove, that the Nation, the Parliament, and in Consequence their Assignee the South-Sea Company (if they prevail) will become Bankrupt by paying their Debts at 20s. in the Pound; if so, the higher their Composition shall be, the greater (our Author may say) is the Bankruptcy, and thus, indeed, our Case will be very desperate; for 'tis more than probable, that such of the long Annuities as shall come-in timely, may receive by the South-Sea Stock from 200. to 300. per Cent. for what they Originaly paid; but while nothing worse than this is intended towards them, if there should be sufficient Occasion given, summo Jure agere , and that a little of the duritia Juris should be necessary, (something of wholesome Severity, to help to bring in, and to open the Eyes of such who shall blindly mistake their own Interest, and wilfully oppose the Publick Good,) what loud Complaints will Sir R make? As the Annuitants Annuities are Tax-free, and the Proprietors have already been told, that they are exempt from any NEW Direction, they may also be told, that they are Optimo Jure Prædia , a new sort of Freehold; and thus those especially who have Annuities for Life, or Lives, may be animated, and induced to think themselves sufficiently Entitled to a Right of Voting at Elections for Members of Parliament, and if they would be thus hardy, who should be their Representative? But I must neither advance too far into Sir R's Province, nor quite forget our Author, it is he that will dictate in the Senate; if he does this after the manner he has promis'd us in his 28th Page, were it not better that he would forbear it? I shall not presume to propose any Thing to that August Assembly, and if I take the Liberty of incerting here my Thoughts; it will be very obliging if they escape the Descants as well as the Railery of Sir R, who, perhaps, for the present, is too much exasperated; but I must expect the Cavils and various Reflections of the many- minded Multitude, the incertum Vulgus , of whom there is scarce any Thing certain, but this, Quod scindet in contraria ; I use Latin, that they may not know what I mean, for they censure, and condemn what comes within their Knowledge, but are apt to admire what they do not understand; however, I shall freely expose my self to their Mercy, in Hopes that from my Thought improv'd, somewhat may arise which may tend to the Advantage and Service of the Publick. We have not, God be thanked, at this time, any urgent Motives that should prevail with us to buy Foreign Gold too dear; and to let other Nations into that great Gain they propose to make by the Rise of the South-Sea Stock, upon the Enlargement of their Capital; for which they are watching, and as it is said, are already preparing to catch the Opportunity so soon as a Bill in Parliament shall be ready to pass; or, perhaps, only brought into the House for this purpose; if, therefore, at once, and as it were in an Instant, (before it can be known Abroad, and Commissions sent hither,) the Stock of the prevailing Company should be advanced to near that Price which it ought to have, and may reasonably bear, the Annuitants hereby would be silenc'd, or Petition for Admittance; much of the Chicane, and Juggle of our Quincampois will be avoided, and the Publick, may obstruct, and very much prevent that Gain, which other Kingdoms, and States propose to make (to our Loss) on this Occasion; the French Nation are now too late strugling with many Difficulties for want of timely Management, with regard hereunto; yet this, it is likely, has not arisen so much from any Over-sight, or Defect in the Schemes of that enterprizing Genius, who hath the chief Direction, or of others with whom he must Concert; but thro' an over-ruling Self-Interest, on account of the vast Gain to be privately made by the many Turns and Vibrations his Projects would admit of; which it should not be supposed that he did not foresee, or failed to concert his Measures accordingly; a Profit, and Gain capable of being so Immense, that, whatever the French Nation in general may suffer thereby, if the private Gain hath really been such, and so great as it may reasonably be imagined, the Effects thereof may too soon be such, as may prevent it's remaining long a Secret to the rest of Europe; but my Pen hath already let fall too much Ink on this Subject; and, I fear, that what I have here only touched, may rather be taken for a Blot, than accepted as it is intended by me. This, however, may be repeated, that it would be greatly to our Advantage, by some timely, and proper Means to prevent other Countries from sharing too much, and carrying away the Profit of that Advance of our Publick Securities, which seems to be at Hand; and the due Precaution herein, is more absolutely necessary, because our happy Constitution does not admit a Reliance on such Artifices, and After-Games, as in France are easy to be concerted, and may as suddenly be put in Practice. In stating, and arguing the Case of the Annuitants, there appears so little Occasion for introducing the Silesia Loan, and so much less for mentioning the Equivalent allowed to Scotland, and also the English Grants; that some take Umbrage, and fancy there was not any good Reason for picking out these Instances. But if the Question is to turn upon the Equity, and Power of Parliaments, it will be answer'd by only stating the Question rightly; the Nation by a long and expensive War, is highly incumbred, and grievously Oppressed with many heavy Debts; the greatest, the most encreasing, the longest continuing, and the most obnoxious Debt is the Annuities; in short, the way thro' these Annuities is the only Right, and ready Road thro' which the Government must pass to ease the Nation of the Burthen of all the rest of these Debts; Now, whether you will have the Government to Travel by Land, or by Water, it will be the same; if the Highway is such as is dangerous to Travellers, and cannot otherwise be amended, there must be an Act of Parliament; and (giving Satisfaction to the Owners,) whatever is needful in such Cases must be done; Gates, Bars, Hedges, and all Obstructions may be removed; and new Gates, new Bars, and Turnpikes erected; and none may pass to buy, or sell, for the future, but by this new Road, and according to new Directions; also Penalties, Levies, and Tolls may be appointed for maintaining this new Highway; and, in like manner, for the Publick Benefit, Rivers are made Navigable; any Man's Lands are cut through, though against the Will of the Owner; and Goats, Sluices, Hatches, and Flood-Gates are erected; and must be maintained by the Owners of such Lands. But let us suppose that many should take Offence, and in Opposition to these necessary, profitable, and publick Works, would act as Rioters, or Lunaticks; and that such a Number of Persons should act thus, that no other Power but Parliament would undertake to meddle with them; would their Number, or the fear of their Resentment, awe the Senate, and prevent them from being used like other Lunaticks, who would mischief either themselves, or others? But, here, as to the Annuitants, it is said, the Senate hath promis'd not to interpose, or use their Authority; and hath Enacted, that the Annuitants shall not be in the same Condition as other Subjects, but during Ninety-nine Years shall be exempt from any new Direction; in this Case, if there were any Court of Equity above the Power of Parliament, there would naturally lie an Appeal to such higher Power; but there being none such, is the reason why the Parliament wherein this was Enacted, is liable to be controul'd, and over-ruled by the Power of a future Parliament; for in the Nature, and Constitution of the British Legislature, there is a tacit and indefezible Equity reserved, by Virtue whereof (as the Occasion of private, or publick Good shall require it) Acts of Parliament are, and will be explained, or amended; continued, or suffered to expire; repealed, revived, revoked, or annulled: As I may appeal from the Judgment of Sir R the last Month, to the Judgment of Sir R better adviced this Month! But in his 12th and 13th Pages, our Author mentions the Insurance of Ships as a parallel Case to this of the Annuitants; and defies any Man breathing to shew a juster Comparison; hereon he throws down his Gauntlet; and who shall dare to take it up? Sir R is not a Man of Straw; No! no! His Legs, his Arms, and his Sides are of Iron; his Countenance is terrible in Battle; though he can demolish a stong Fortress with a Goose Quill, yet the Staff of his Spear is like a Weaver's Beam; the Head thereof is of polish'd Steel, well pointed, and the Weight six Hundred Shekels. In this Matter I shall only have Recourse to A. B. C. and least this Goliah of the Philistines should be offended, and think this to be only flinging of Stones at him, I refer it to the Gentlemen of the Inner-Temple, whether these are not lawful Weapons in putting of Cases; others have much more Art in the Use of them; but I went for some Years to School in their Society, and very often to the Grande Sale d'Armes in the Parish of St Margaret's, near the Collegiate-Church of St. Peter's of Westminster, where I learned from those expert Masters, the Lord S, Sir N W, the Lord C, the Lord H, and Earl C, all right well skilled in the High and Honourable Science. To state this Case of Insurance plainly, we must suppose, that Sir R's Ship or Vessel was a very large first Rate; A HUGE one indeed! Almost as big as any Island in Europe; not quite so big as Great Britain, but about the size of the Kingdom of England. A. is the Master, or Captain of this Ship, B. represents the Lieutenant, the Chaplain, the Purser, the Cockson, the Master-Gunner, the Boatswain, the Cock, the Mates, and all the Midshipmen; C. represents the common Sailors, the Swabbers, the rest of the Ship's Crew, and all the Passengers; a prodigious Number! This huge Ship has not only all these Men on Board her, but also has a Cargo equal to the Goods and Effects of all the People of England. A. was himself on Board, and had large Effects of his own. B. was on Board with all his Effects, and the like of C; We are also to note, that C. represents almost all those who were themselves to be insured. Now, is it reasonable to suppose, that B. and C. would agree to give a very high Premium for Insuring this Vessel to any who had themselves a large share in the Cargo, and were themselves on Board, and to go the same Voyage, unless there was something Extraordinary in the Matter? Which some, I say, did think, was this, that B. and C. who were to fix and settle the Rate of the Insurance, were sometimes willing the same should be very much to the Advantage of the Insurers; and having themselves the Liberty of writing first, they at those times subscribed very liberally, and afterwards parcelled out to the generality, on worser Terms, the greatest Part of their Subscriptions; more Words need not be bestowed on this Matter; 'tis plain enough how unlike it is to the common Case of Insurance. I confess, that as to Publick Credit and Parliamentary Faith relating to Property, (if it were really in Question,) it would be very dangerous to make any Alteration without Consent of Parties; but is not Consent implied in whatever is Enacted? And if the Terms were to be abated, or any way altered, must not this be done by the Wisdom of the Nation on a Rehearing upon the Equity reserved? And shall it be gain-sayed, that it is for the Publick Good, or that it hath the Consent of Parties? I shall always acknowledge That to be Lawful and Right, which Parliament shall do; for, I well hope, that they never will do any Thing but because it is Lawful and Right! But Sir R, who hath a Right to Debate this within Doors, hath more Jealousies than others, and in six Pages more hath lost his Temper, and forgets that the Question will turn upon this, whether what is now doing, is Evil, or Not. If the Parliament should do it, it is an Estoppel to me to say that it is Evil; I submit my Notions to what is done by the Legislature, and believe it will be for the Publick Good, and do assert Salus Populi suprema Lex ! But Appealing from the Senate to the People, is pre-judging the Cause, and censuring the Proceedings; why then hath Sir R Recourse from the Wisdom of the Senate, to the Passions and Ignorance of the People, unless he could support by just and unanswerable Arguments, that, Vox Populi est Vox Dei . If the Matter should require a Decision in the Senate, (which there appears not yet any sufficient Occasion for;) why must we admit, that the Annuitants either were, or will be Overpower'd? If there were much Danger when they Lent, the less Power the then Parliament had over them, for in Times of Publick Danger, the Power is in the Purse; the Soldier owns this Power when he tells us, Point d' argent, point de suise ; and if that High, and Sacred Order might be mentioned, who exert their Power beyond the reach of the Sword, or the Bounds of this World, I would use only this English Adage, No Penny, no Paternoster; but certainly in this nice Affair, there is nothing of Force, or Power intended to be used, or any Terms to be imposed; but the Honourable House may find Ways and Means to preserve Property, that are not to be found in Tully, Pliny, Livy, or Plutarch, or in any of Sir R's School-Fellows; though I have lately been assured, that in the Matter of Accounts (especially such as should be rendered to the People,) there is not now remaining in any Kingdom in Europe, any Method to compare with what was in use among the Romans while they preserv'd their Liberty; and refer Sir R to Mr. T W, F. R. S. for further Satisfaction in this Matter, who hath promis'd to oblige the World with a Treatise on this Subject, and from his Collections out of old Roman Authors, to teach us a better Method of Accounting. I should have as little Temper as any Man, if it did appear, that any Wrong would be done to the Annuitants! I will even admit, that Annuities are necessary, and the only Estate proper for some Persons; but such Persons may sell to the South-Sea Company at a high Price, and buy again much cheaper of the York Building's Company; and with them, the Annuities will be secured on the Lands they have, and shall Purchase. I grant also, that some few of the long Annuities were subscribed at times of Danger, and that such of these as remain still in the Hand of the Subscribers, or have never been Sold, do deserve a particular Regard: But still, I say, that our Author's Arguments, when strip'd of pompous Words, are bare Assertions, and are mostly so ill-grounded, as can neither convince me, nor any other, (who in earnest does with the National Debt fairly, and soon discharg'd,) that the Annuitants in general do merit his Encomiums, though he pleads for them with the Firmness of Mutius; if they were really such Lovers of, and Champions for their Country, where among them are the Decii? Who is now the Curtius? If it be true, that our consummate General hath left them; I mean, the British Hero always Victorious; but Sir R meets with such noble Examples in Roman History, that by his 28th Page it is plain, that 'tis a very hard Matter for any Man, while in the Ministry, to please him. When I once complained as he does, I was told, that even Churchmen, were Men; Statesmen, were only Men emminent in the State; Parliament Men, but Men in the Parliament; and that the best of Men, were but Men at best! Having received much Delight, and Satisfaction from several of Sir R's Performances, I will say nothing to the Virulency, and Invectives in the close of his Pamphlet, only this, that I wish they were not to be found in it; when I read them, I was surpriz'd to find a Person so versed in Scholastick Authors, practice so contrary to the Notions we imbibe from them in our Youth. Adde quod ingenuas dedicisse fideliter artes Emollet Mores, nec sinet esse Feros. This manner of swelling Pamphlets with Invectives, and Complaints, brings to my Remembrance what I heard from the late Speaker Sir T. Littleton; he happen'd to have in his Coach some Ladies, whereof One at every Shock of the Perch, or unequitable Motion of a Wheel, was ready to scream, and squeal aloud; Sir Thomas grew very uneasy, lest the Lady should fright her self into Fits, but her Neice said, "Don't be concern'd Sir Thomas, my Aunt is not more afraid than others; she commonly does thus; she hath an agreeable Voice, and thinks this squealing becomes her!" When some of these Annuities were granted, (if the Facts were as herein beforementioned,) I should be apt to think, (though I will never say it,) that, the Terms of, and in such Annuities, were voted, not Virtute but colore Officii! Had there been such Instances under a French Government, where Quod principi placuit Legis habet vigorem , we should long ago have heard their ultima Ratio , and the Equity of their last Resort---- Tel est Nostre Plaisir. But while the Realms are Bless'd with such a King, and we have such a Ministry, I shall not mistrust, that this Nation will either do, or suffer any publick Wrong. 5th of February, 1719-20.

Economy

THE EQUITY OF PARLIAMENTS, &c.

The equity of Parliaments, and publick faith, vindicated; in an answer to the Crisis of property [...], and address'd to the annuitants [...]

EcB1731

It is most humbly propos'd, THAT if his Majesty and the Nation will be pleas'd to allow of a few Gallies to be built at, or sent to Gibralter and Port-Mahone, to be man'd with Convicts, such as are cast for Transportation. The bare Apprehension of being made a Galley-Slave, will strike such a Terror into the Minds of those vile People; viz. Highwaymen, Foot-pads, Housebreakers, Shop-lifters, Pick-pockets, Horse-stealers, Incendiaries and others, that are guilty of enormous Crimes, who like Locusts swarm in our Roads and Streets, and infects all Places to such a degree, that honest People are not safe, either at Home or Abroad; but when these People shall know to their dread, that instead of Transportation, they shall be sent to row in Gallies, or other Labour, without any hopes of Freedom till their Sentence is expired, it will certainly put a stop to Thieving and Villany, for it will cause such a Terror upon their Minds, of the Rigour, that those Paterroons, or Officers of the Gallies, exercises over those unfortunate People, who for the Punishment of their Crimes are thus dealt with, and could not be restrained by any milder Methods. This with all humble Submission, seems a far better way then to take away the Lives of so many hale young Men, who perhaps never saw Twenty, and had been well educated, and of honest Parents, being cut of before they have liv'd out half their Days. That by this Proposal they may be saved, and brought to a sense of their past Follies, in following of an extravagant vicious course of Life. And may be the happy means to convince them and others of the real Advantages of an honest sober way of living, that they may become serviceable to their Country in their several Trades and Capacities. But as they have by their repeated Robberies Robbieries , and other Villainies Villianies wrong'd the Nation in general, they may be made use of for a National Service, which in some measure may attone for the Mischiefs they have done, in the course of their past Lives. And I shall further offer, that by sending of these Convicts to our Plantations and Collonies, it is only a mock upon the Nation, for we find by woful Experience that it does not answer the good Purpose, for which the Transportation Law was enacted; for it does not lessen lesson the Number of Thieves, or put a stop to exorbitant Tempers of these vile People; for the change of the Climate makes no Alterations either in their Manners or Morals, for wicked they was and so they continue. And learns, to be, by their being often transported, half Sailors, but compleat arch Rogues. Jamaica and other Parts of the West-India Islands by their wicked Behaviours, has enter'd into a Protest, to entirely refuse taking one of them. And no doubt but those Places where they are sent to now, will be forc'd to follow their Examples. And their Banishment which was designed as their Punishment, they make use of to repeat all their former Villainies Villianies , giving ill Examples to their Youths, persuading their Negroes to rob their Masters and run away with them, either aboard the Pyrates, or Spanish Guard de Coast, they being thoroughly qualified for any vile or base employ. And the poor Sufferers that have been sadly abus'd, and their Substances taken from them, by those Savages in the shapes of Men, have often reflected on those who gave them these Opportunities, that they did not hang them out of the way at first. These People making a Ridicule or Banter of Transportation, telling one another, that it is but a trip over the HerringPond, their Passage being paid, Dg their Pretious Bloods, if that Country shall hold them long; they being thoroughly acquainted with the way of it, which to all thinking honest People, is the highest Contempt of the Law, and encourages and buoys them up in their vile Practices. But how long these People shall serve, I will not offer to name, but leave that to the Wisdom and Prudence of the Law-makers, and their Judges to the nature of the Crimes they are convicted off. I beg leave, humbly, to offer briefly, some few of the repeated Services, that Gallies may be made use off. For as there is a strong Current, sets always through the Gut, if it proves Calm, which is frequent in those Parts: Ships that have been coming through, have drove past Gibralter, as high as Malaga, and others that have been coming down, have met with these Calms, and Ships of great Value, which tho' so near, could not fetch into the Bay, and so exposed to great Dangers, and some that have been taken by the Spaniards, who always kept lurking with their Gallies, on purpose for those Opportunities, that our Cruizers could not come to assist them; and in sight sometimes of Gibralter, which is the highest Provocation, and has been done to the unspeakable loss of Trade, the Ruin of abundance of Merchants and Sailors; but these Evils will be sufficiently made up and provided against, For we can with our Gallies in Conjunction with our Men of War, command all Ships passing, or re-passing in those Seas, rendering there Trade difficult to them, and of many Advantages to us of this Kingdom, that between the Ships we may save of our own, and what we may take of others, in case of a War it may be some hundred thousand Pounds a Year, For then not a Ship shall be suffered to pass, either coming in, or going out, but we may speak with them, Blow High, Blow Low. I humbly appeal, to the Right Honourable the Lords Commissioners of the Admiralty, and Captains of Men of War, and others, how serviceable Gallies have been made use of in an Engagement, to tow out of the Line all disabled Ships, and to bring others in their Stations. And Gallies will entirely prevent any Trade by Sea to old Gibralter, and there other Harbours, with there small Vessels, that went along Shore in the last Rupture, and brought 'em fresh Supplies and Stores, that our Men of War could not prevent, it being not safe to venture so close to the Land, and our Long-Boats was not a Match for them, and it will certainly awe the Algereens, and Sally-Rovers, who so oft in my Memory, have play'd the Rogue with us, in making War and Peace at their Pleasure, and our Rich Presents. And as this is offer'd with an honest Intention for a Publick good, to prevent these Evils for the Time to come; yet as there may arise several Objections, I shall briefly Answer, to some of the greatest that may be brought against this Proposal. Objection. It may be a great Expence to the Nation in building of Gallies. I Answer that, by what it has cost the Government between the Rewards of those that have been capitally convicted, as for some 300l. for others 50l. 40l. and the four Pounds four Shillings, that the Government pays for the Passage of every one that has been Transported, but since this King has come to the Crown, it may be made appear, that it will far out ballance the Charge of building a sufficient number of Gallies; and if I might offer further without disobliging, that the Charge of one Third Rate, in building and fitting her out for the Sea for six Months, by a modest Computation, will far out ballance the Cost of these Gallies. But I humbly beg, that I may be understood, that by this Proposal, I am not for lessening any one Ship in his Majesty's Royal Navy, which is so much the Glory and Defence of these Kingdoms, and the Terror of the whole World, but that Gallies may be added as Tenders, or as shall be thought most for Service to them. Obj. How many Gallies may be sufficient, to employ such Numbers that are sent away from Time to Time. Answer, Eight may be enough, four or six at Gibralter, the other at Port-Mahone, as shall be thought most for Service, every Galley to employ 312 Men, so that by what shocking Terrors it may cause on the one Hand, and the surely securing them on the other, putting it out of the Powers of these People to return back, till the time of their Sentence is expired, as hundreds has done from the Places where they have been transported too: And I have been fully informed, that there is no Law to dispose of them as Servants, but only to put them ashore to run wild there, and not to return back, it being Death without benefit of Clergy; this puts them to rob and plunder the Country, till they can find an Opportunity of meeting a Master of a Ship, either at New England, or some other Place, who is as willing to employ them as they, for a Passage back, and perhaps some gets 10l. for there run Home, giving themselves other Names, but some has been so fool-hardy, in open defiance to the Law and Justice, to come to the Place that they was transported from, and have been took and Executed for it; so that by this Proposal, they will be reduced to such small Numbers, more than ever yet could be done by Deaths or Banishment. And it is plain, that we have had more robbing in England in one Month, then has been committed in Italy, Spain, or Portugal in twelve Months, and it's thought it is owing to those Countries having Gallies, putting it out of the Power of those People to play at Fast and Loose. Obj. That it is offer'd against a Free People. Answer, I own it is the Happiness of the People of England, that we are a free People, that our Laws are made by joint Consent of King and Parliament, that we have many Privileges above other Nations; and that we are not extorted to any Confession, either by wracking on the Wheel, or other inhuman Inventions which is shocking. But I humbly conceive that when a Person is convicted by Evidence of breaking the King's Laws, they have lost all pleadings of their Freedoms, but is entirely at the Laws and King's disposal, whether for Life, Death, Banishment, or long Imprisonment, or Liberty. And Transportation was first thought to be, as great a breaking into the Rights and Freedom of these People, as now Gallies is offer'd; and Transportation was well designed, tho' of late Years it has proved the reverse. Obj. That some would rather chuse Death then suffer themselves to be thus confin'd. Answer, It is the unhappy Temper of some Men, they never was, or desired to be made usefully Good, or morally Honest, for their exorbitant Humours, which admits of no Bounds when that comes to have a restraint put upon it, by the just Methods of the Law, it either flings them into those vile wild desperate Resolutions, that had always been their directors to chuse Death, rather than to undergo these gentle Severities; or else it so dispirits them, by a sullen change of their Minds, that they had rather chuse Death in all its hideous forms, then to be brought under any Subjection; like some Creatures that I have seen in Virginia, when first caught wrangles with their Bridles and Masters, and endeavours to be their own Executioners, but by Degrees are brought to Use and Labour, and so they may be made serviceable to God and their Country, and run wild no longer. Obj. As it is Peace, we have no Occasion for Gallies, and so we don't know how to employ these Convicts. Answer, All wise Parents provides the Rod, and has it ready to make Use of, when Necessity requires it; and as his Majesty, Lords and Commons, are the Nations Parents, they are not to depend upon being always in Peace with France and Spain, and some others that are our Rivals in many Branches of Trade in the Mediterranean; and we see with what Resolution and Industry the Spaniards are at this Time, in building Forts at Gibralter Bay, and Cabrita Point, against the first Rupture, tho' they may gloss it over by many false Pretences, it is plain as the Sun at Noon-Day, by their bringing to them so many heavy Cannon, it is to be in readiness against and so to make the Bay of little use to us, for where our Ships rides it will be under the Command of their Forts; so that I shall leave that to all wise thinking Men, if that be Wisdom in us of this Nation to suffer it, whilst it's in our Power do some things that may disappoint all their cunning designs and mischievous views; and what I would humbly offer, that our Government would be as thoughtful and industrious to promote things for a Publick Good, as Spain is, and there is an absolute necessity for the building a Mole Pier, or Harbour, as laid down by that little prickt Line in the the the New Mole, which will be several Years in building, at a vast Expence to the Nation, if you hire Workmen out of England; but the Method I propose of sending Convicts, it will save the Nation a Million of Money, but when finish'd, will put such a baulk on the Spanish Policy, and likewise be a place of safety for all our Ships in hard Gales of Wind, and thus they may be employ'd tho' in times of Peace, in building some necessary Fortifications both there and at Port-Mahone, as may render those Places impregnable. And shewing this to some Ingenious Gentlemen, that were truly satisfied with the usefulness, and repeated Services that Gallies would be off; but their main Objection was, that Gallies would not be comply'd with for fear of disobliging the Spaniards. Ans. For the same Reason it is thought that some is for giving them Gibralter, but it will be an unwise Action, if they do, and the fatal Consequences that will soon follow, will but too plainly show it, and the Spaniards are not endued with the same good Nature, or Care to disoblige us, when they built that Fort at the head of the Bay to annoy our Shipping, and to hang a Master of a Ship in sight of us, for bringing the Garrison some small Necessaries, and to continue their Guarda Costa , to Kill, Plunder and take our Shipping in the West-Indies, and one, or two up the Straits, and to make Prizes of them; and now by a strict Order forbid upon Pain of Death, all Communication with us at Gibralter, both by Sea and Land, though we have been at an immense Charge with our Fleets to serve them: But I shall say no more to this Objection, but leave it to the Thoughts of all honest Englishmen who are not corrupted, or in a Lethargy; only this that Gallies in conjunction with our Men of War, will be as great a Thorn in their Sides, as any one thing we can do to them. I would beg leave to give some few short hints why we should not part with Gibralter. For by keeping of it, as I have propos'd, by Gallies assisting our Men of War, all Nations will have such a share of Trade as we are pleas'd to allow them; for Gibralter may justly be call'd the Key of the Straits, and if ever we part with it, we lock the Door against ourselves; and we shall vastly suffer in those two most profitable Branches of Trade, as first our Turkey Trade, that takes off such quantities of Cloth, as Scarlets, Purples and Bays, and employs so many Thousands of Families. And our Newfoundland Trade, that brings into this Kingdom some hundred thousand Pounds a Year of ready-money got out of the Sea; besides a Nursery for Sailors: Tho' it may be objected that our Fleets can command Entrance at any time in the Straits. Answer, That Trade that must be carry'd on with so withso high a Hand, will suffer and lesson, for the following Reasons, as first the Turkey Trade, for the French who are a cunning subtle People, have learnt to make to a great Perfection the same sort of Goods; and will take the Advantage whilst we are forming Fleets, to supply them from Marseilles, which lies near at Hand. And next our Newfoundland Ships, which are neither Ships of Force or Runners, these will be also badly off, for as Fish is a perishing Commodity, whilst they are getting ready to join their Convoy, from their several Harbours, there Fish may be spoil'd, instead of enriching ourselves by Trade, it may prove to the utter Ruin of abundance of honest industrious Families, and vastly lesson his Majesties Revenues, and flat and dull the Spirit of Trade; for it was always the Strife and Ambition of those Persons, that traded that way, to be their only Care, to be first at Market because of a Price. And in keeping of Gibralter and Port-Mahone, we have Harbours and Store-houses of our own, at that distance, where we can shelter, clean and refit our Ships without being beholden to any other Nation, and if any others should become Masters of that Place, but God forbid they ever should, they would make us pay for going thro' the Straits Mouth, all one as we do at our Tole-Gates, which will not agree with the Honour of our English Nation; as being always stiled Masters of the Seas, and so bring a Yoke upon us, that we nor our Children are able to bear, and our Fathers would have made them to tremble to have mentioned it to them. The common and most frequent Objection that is made use of, is, How did we do before we had Gibralter? Ans. Such Persons that States this Question may well be suspected, that they have some private Advantages of their own, or other sinister Ends; so that they are Deaf to all other Reasoning then a tame surrender of the Place. And as to those that have not given themselves fairly to think and weigh the Matter in the Ballance of the Sanctuary, I would ask, Have they consider'd the World grows more Numerous and Politick? And are they acquainted with the Situation of the Place, and how that the Spaniards have Ceuta, which lies opposite to Gibralter, and that by keeping of Ships and Gallies in both those Bays, that both Shores will become alike hazerdous for Ships that passes that way. And these Gentlemen might as well Argue, How did we do before we had such Numbers of brave Ships of Force and Beauty in His Majesty's Royal Navy, or such fine commodious Docks and Yards to build and refit in, and the use of Guns and Powder, or the Art of Printing; and may other very useful Arts and Sciences brought to wonderful Perfection, both for Profit and Pleasure, that now we cannot be without? and with due Submission, it may be said, To what Purpose is it to enlarge the King's Dominions in the West-Indies, or elsewhere, or to neglect all due Care to preserve our trading Ships; but it is to be wish'd and hop'd Gibralter will, notwithstanding the thick Mist that are before some Peoples Eyes, remain in the Possession of the Kings of Great Britain, 'till Time shall be no more? Those Places being gain'd at the Expence of so much Blood and Treasure. Some may object that I am a hindrance to Trade, because I argue against sending of Felons to our Plantations; because it is those Countries, that takes of such large quantities of our Home Goods. Answer, I own it is, but as to those Felons, as I have made it appear, there is not one in forty stays there, but I would humbly offer for the good of Trade, to prevent the rotten from going, and that will preserve the sound, and we having many Millions of Acres of good Land unimprov'd for want of People; and those Countries producing many beneficial Commodities, that we of this Nation wants, which will employ many Thousands of Families. That all Trades will be the better for it, but especially the Woollen Manufactories, Hatters and Smith's-work in all its Branches; which employs whole Towns in England at those Trades; and may be the happy means to prevent such Numbers, who through decay of Trade are become poor, and thrown to lie rotting in Goals, so shocking to Human Nature: And it might prevent others who are forc'd through the difficulties they meet with, to get a living for the common Necessaries of Life, turn Thieves, Whores, Night-walkers, Forgers, Sharpers, Smugglers, Receivers, Procurers, Bawds, Gipsies, Fortune-tellers, Insolvent Debtors, Parish Poor and common Beggars, and others, that goes round the Countries, imposing on those well inclin'd charitable People by false Passes, as Pretenders by loss of Fire, Shipwreck, hard Rents, loss of Cattle, Suretyship, decay of Trade, and the like; if these were to go to our new Settlements, as there is proper Encouragements by Merchants, and other Gentlemen, for going there, it would be their truest Interest to go, that they may not be a Neusence to the Places they inhabit, or burthensome to the Parishes where they belong to, for they will be put upon a Footing to do good for themselves, get Estates for their Families, they becoming Customers to us, and we to them for their Produce; so that the mutual Trade will tend very much to the Benefit of both, and to the Increase of His Majesty's Revenues.

Economy

An Humble PROPOSAL, &c.

An humble proposal for the increase of our home trade, and a defence to Gibraltar [...]

LawA1643

ANd to the end that these Laws and Ordinances be made more publike and known, as well to the Officers, as to the common Souldiers, every Colonell and Captain is to provide some of these Books, and to cause them to be forthwith distinctly and audibly read in every severall Regiment, by the respective Marshals in presence of all the Officers; In the Horse Quarters by sound of Trumpet; and amongst the Foot by beat of Drum: And weekly afterwards, upon the pay day, every Captain is to cause the same to be read to his own Company, in presence of his Officers. And also upon every main Guard, the Captain is to do the like, that none may be ignorant of the Laws and Duties required by them.

Law

Laws and Ordinances of Warre.

Laws and ordinances of warre, established for the better conduct of the army, [...]

LawA1653

THE Persecution and Oppression of our late Kingly Governours, with their House of Peers, and Lordly Bishops, though at first not so well apprehended by great numbers, whom by Court Preferment Corrupt Education, or otherwise they had seduced, is now through the Christian liberty of trying all things, become so clearly discernable, as that even the greatest part amongst us, and all Nations round about us, do much justifie us in the Judgement we have executed upon them, both root and branch: The observation whereof ought to be no small inducement unto the same Heroick spirits whom God made instrumentall to execute his Vengeace upon such Enemies to true Godlinesse and Freedome, to cast their eyes about them, and spy out what work is yet remaining to be done by them, before these Nations can possibly injoy so great a Good as the Lord may be presumed to have intended to them by their expence of so much blood and treasure. It will then doubtlesse be easily perceived that the Lawyers, the men of Law, the whole Tribe, from the Judges to the Prison-door-keepers, though some of them, as to their personall actings are not so blameable as other some, in their owne sphear of Westminster, have not onely been mischievous and destructive as Canker-wormes or Pharaohs lean Kine, unto these Nations, but have ever been those Mercuriall spirits and instruments, civil tormentors and executioners, to carry on and practise whatsoever our persecuting oppressing Governours, with their Peers and Lordly Bishops, have been executed for. It was this tribe that was so ready and willing to do their drudgery, that they might be maintained in buying and selling the Nations over and over, as often as they pleased; at one Terme or Tryall the Plaintiffe, and at another the Defendant, then back againe, and then forward, and all according to as good Law or Equity, as hath been in England since William the Conquerour. And besides all this, though they seem to have but one chief Shop at Westminster, a few stals erected for them in the Circuits, and their owne private Ware-houses at home, yet this one Tribe is thought to make a shift to gaine or reap one fifth part of all the gaines and increase of the whole Nation, by their severall wayes of incomes, which I know not well how to term, whether Fees, Bribes, Duties, or Extortions, they seem so like one another, or the same summed up together. The knowledge of the Lawes whereby a man injoyes his life, liberty, and estate, and through breach whereof he forfeits all this temporall life affords, is not of lesse absolute necessity, as to the things of this world, then the knowledge of those religious, eternall, fundamental principles of Faith and Love, without which it is impossible to attaine the joyes of Heaven. And therefore our Lawyers in their spheare are no lesse Monopolizers & Usurpers, then the Prelaticall or Popish Clergie, who endeavour by all means to continue us in the ignorance of our earthly patrimony and birth-right, the Lawes, not contenting themselves onely to perswade, but even in a manner compelling us to rest satisfied with an implicite knowledge thereof, and so in effect to depend totally upon themselves, and hold at their mercy our very lives, liberties, and estates. This subtile Tribe without whose concurrence their royal Masters, with their Peers and Lordly Bishops, could not have been brought unto Account, when they perceived and saw they had outgon their own politiques in questioning of them so far as that they could not retreat for shame, nor yet with safety, they then resolved to put the best space on it, and joyne not onely in executing Justice upon them all, but began to acknowledge their owne irregularities, and exorbitances, even not to be longer endured, and promised Reformation, which they have been (even round) about these ten years, and at last suffered Commissioners to be chosen to consider of the Regulation of the Lawes, and Courts of Justice, who that they might not be over-charged with so great a task, they gave them halfe a dozen of Gentlemen of the same tribe, to save them a labour (I wish it proved so) and what fruit it produced, is best knowne unto themselves; but it seems the late Parliament could not digest, but still grew worse and worse untill its dissolution: And these poor Nations still continued to be mis-governed by a hotch-potch of Linseywolsey Lawes, so numerous, as not to be learned or comprehended, some so differing as that they contradict and give the lye to one another , so irrationall and absurd, to spare worse words, as that they character us to be one of the most barbarous people in the world. And that which is yet worse then all the rest, the evill execution of them with their delatorinesse and charge in so high a measure as demonstrates us over-dull and stupid to endure them hitherto. In the making of all our Statute Laws, the establishing the Kings Prerogative was more aimed at then estating the people in freedome, which though never so much the peoples due and birth-right, if ever they vouchsafed us any Crums thereof, they forbore not to entitle them pure acts of highest grace and favour. Now for a people redeemed out of the jaws of Tyranny, and desirous to settle and establish themselves, and be made happy under a Common-wealth Government, with the self-same Lawes which were either wrung from their excluded Tyrants in their exigency, or any wayes indulged (as they would have it accunted) is no more possible then for a Tyrant to erect and long to continue an Usurped Jurisdiction, while he governed by a body of Lawes that had been enacted by the free people of a Common-wealth. Let us therfore no longer idolize that thread-bare notion of fundamentall Lawes, wherein perhaps the whole Nation hath too much, too long hypocritised. And yet I hope no otherwise then an honest Traveller, who in discretion is bound to give out no offensive words, whilest he finds himselfe encompassed by Theeves: Wherefore let not any of our former lawes or Customes, no more then our Religion hath done, passe unexamined, and so scape being blasted or allowed of as they shall tend to the true freedome, securing, enriching, and contenting of the people of the Nation. To be led implicitely to accept of Lawes we either have not tryed, or understand not, is the second grand indiscretion which a Nation can possibly commit, and inferior onely to that of being superstitiously hurried by an implicite Faith in matter of Religion, as aforesaid. But will we in one word or circumstance see the unlikelyhood of the Lawes becoming wholesome to us, without more then a little rectifying, qualifying, if not quite new-moulding them? Did not the late King CHARLES pretend, as well he might (for they were more his then ours) to fight for defence of the Fundamentall Lawes, and the Protestant Religion? And doe we think his Lawes and his Religion, together with his Judges (for they also were more his owne, and complyed more by base Expositions, then either his Lawes or his Religion) would ever have cut his Head off for fighting to maintaine them? Certainly it was another, and that far better, as more rationall both Religion and Law, that freed us from this superstition and vassallage: And if we doe not more speedily begin to owne it, ere long I feare we shall be brought to be too much dissemblers: Let us not then implicitly or hoodwink'd trust those Lawes which have been subservient to the lusts and pleasures of Tyrants of so many Nations, who by invasion of this Land have usurped jurisdiction over us. But rather then this Legall Bondage, and implicite proxie Religion should be longer continued, It is Propounded, I. THat all the present Courts of Justice be abolished, and no Proceedings either at Law or equity, except against such as disturb any man in his present possession, who by the next Justice of Peace may forthwith be put againe into possession. Or against such as shall injure any man in person or name, whom likewise the next Justice of Peace may punish, according to brief Instructions to be appointed in that behalfe. And for matter of Bonds, Bils, or Book Debts, upon Request of the parties the next Justice of Peace to require execution and present payment, the Creditor putting in unquestionable Security to stand to such further Order as shall afterwards be agreed upon by the Supream Authority in that behalfe. And all other Law, and Proceedings at Law or equity, to be of no effect: Nor any other proceedings to be at Law or equity, untill the Supream Authority have new modelled them, together with the Officers and Courts of Justice, which is hoped may within lesse then six moneths time, if gone upon, be compassed. II. That in the new modell of all Officers, both Judges and others, have their respective standing Salaries, which may be a competent and comfortable livelyhood, and not suffered to take any Fees, Gift, or thing, whether money, or moneyes worth, upon greatest punishment both to the Giver and Receiver, to impeach and accuse each other, and injoy immunity to himselfe, and one halfe of the Fine, the other halfe unto the State. And that as well Judges as other Officers, be present and doe attend upon their respective charges every day in the weeke except the Lords day, and dayes of Publick Humiliation and Thanksgiving, from 8 till 12 in the forenoone, and from 2 till 6 in the afternoone; if any one person appears upon any businesse what soever, and desires to be dispatched by the Judges or any other Officer whatsoever. However through the Tyranny of the Powers, the practice at this day be quite contrary; yet such as aim at Common good will find it very just and reasonable, that even Judges and all publick Officers, who have a Salary, should rather attend and wait the peoples leisure, who pay them their wages, then that the people, even every individuall person who is their Master, their best master, their pay-master, should wait upon their Officers, their Servants. III. That there be no distinction of Courts of Common Law, and Chancery, but that all Courts of Judicature have the power both of Law and equity to qualifie the one with the other, and to determine all Causes brought before them. The having so many severall sorts of Courts, especially one differing from, and condemning what the other Judged to be just and righteous, doubtlesse was not onely one of our Tyrants stratagems to keep the people in vassalage; but the Lawyers great Engine to make more work for themselves. They first tell you, and that plausibly enough, that the world is stark naught, and that therefore a man cannot be too carefull and cautelous in contracting with any person, or what security he takes; and thereupon councel him to get a bargaine and sale, a mortgage, or a penall Bond, or sometimes all of them together, double, treble, and perhaps six times as much as the Debt imports: Now if this party be put to sue upon either of them, or all, though he would be contented to take his bare debt with interest and charges, he is not permitted to sue for the same in Chancery , but is turned over to the Common Law, where he may not demand lesse then the whole Forfeiture, be it never so much, and the Common Law will give it as certainly, whether it be right or wrong, if he can but declare and lye after the Common Law fashion; but he had need be well versed and precise therein, for if he come short of a letter, nay if a letter do but look asquint, an ignorant or a knavish Jury may put him to begin againe, or loose all, both principall and penalty. In commiseration whereof, our good Governours, and yet the selfesame Tyrants, and their equitable Lawers, prevail'd to possesse this over credulous Nation how reasonable it was to have a Court of Chancery to qualify and mitigate the rigor and Tyranny of the Common Law. The truth is, the Common Law is extravagant enough, to say no worse of it, but to flye therefore into the Chancery is a remedy worse then the disease, leaping out of the Fryingpan into the fire is not so bad. The Common Law, if our Attorneyes were true to us, would not keep us long in purgatory, but of the torments of Chancery you must have good luck if you find either end or respite, to doe you good; and your adversary must want money to fee Lawyers, enough to confound the Cause, and muddy the waters, as they doe usually, that a Register (who doubtlesse made more Orders then the Judges) seldome gets fast hold thereof, though he make a hundred Orders at his pleasure. How easie a matter were it then to prevent such waste of time and moneyes in following two Courts so diametrically opposite? Had you not better that either of them should dispatch you, and put you out of paine speedily, then to be ground in pieces between them both so long together? But what a cheat is it for the Chancery to dismisse the Bill for demanding principall and interest onely, upon a penall Bond, and turne the Plaintiffe over to the Common Law; and yet after a yeare, two, or three upon the Creditors suggestion farced full of lyes and forgeries (which no Bill in Chancery is free from, nor scarce answer without perjury, and yet a christian Chancery) not to give full charges and interest, which yet the Chancery necessitated the party to be at, in that it put him to demand and recover the penalty at Common Law. But let us see what kind of reliefe it is a poor man gets by flying into the Chancery? Suppose a Verdict is by perjury, surprisall, or otherwise, unduly obtained against a man, whereupon he gets injunction injuntion , and serves his adversary himselfe, the then Attourney, and Councellor; the party afterwards Fees other Councel, perhaps another Attorney, obscures himselfe, and carries on the Cause to an execution, and puts the party in prison, and then no remedy because the Judges forsooth they may not be served with the Injunction. Surely a Nation is at an evill passe when it must be perplexed and squeezed to pieces between their Courts of Law, and equity, whilest the Officers thereof between complementing and envying each others, erect their owne jurisdiction and prerogative: Certainly the Court of Chancery as Supream ought to have its Injunctions obeyed even by all other Courts and the Officers thereof, otherwise what availes it to direct an Injunction to Councellours, Attorneyes, Sollicitors, Agents, when as if you have served all but one in Westminster-Hall, that one onely may doe the feate, and consequently quite frustrate the injunction; wherefore although the Chancery doe not direct them to the Court and Judges themselves, with all their Officers in generall, doubtlesse it could not be out of at any other consideration, then of respect unto the said Court and Judges, who by the same rule ought, when they understand of an injunction in a Cause, not to proceed any further, out of the same respect to the Chancery their Superiour. IV. That all matter of Trespasse for words or deeds, and Batteries, be tryable by the next Justice of Peace, if at home; or else by the second next Justice, where such Trespasse or Battery is committed. As also all Actions for Debt, under 40s. and so to be determined interlocutorily, if the said Justice can agree them within 48 hours: But if not, then each party to have his Cafe put in writing by the said Justices Clerke, or any other friend, as each party pleases; and how or in what manner the Justice would have determined the same, to be without interlineation subscribed by the said Justice and both parties, and so sealed up and transmitted by the Justice unto the County Court. And that onely every injurious, or offensive Action, but every scandalous or upbraiding word be punishable, according to the degree and occasion thereof, because otherwise the parties wil be provoking one another, supposing they are still without the Law, untill they fall into greater injuring and endammaging one another, even to a down-right disturbance and breach of peace. If the Supream Authority shall please, the result and determination of these Justices for all matters of Trespass and Actions of debt not exceeding 40s. may be definitive and binding, and the said Justices obliged to see them executed. But withall, that it be free for the party grieved, by such determination, to appeale unto the County Court, who if the appeal be allowed, may condemne the respective Justices in all damages and double charge, and so contrariwise if the appeale be disallowed. V. That there be a County Court, where one or more persons as Judges, shall be impowered to allow of Wills, and grant Administrations, within the said County; and to take cognizance of all Causes transmitted to them by the Justices of the said County; And of any complaint or demand whatsoever, whether criminall or civill, for any Debt contracted, trespasse done, or action triable within the said County: which said respective Judge or Judges shall forthwith fall upon, and take them into consideration, each by course, and so soon as it can be put in readinesse, according to the Orders of the Court in that behalfe. It may not be amisse, nay like enough, the preventing many a Suite, That the County Court doe not admit a Bill or Declaration from any Plaintiffe in what Cause soever, unlesse he bring a Certificate annexed from the next two Iustices of Peace where the Defendant resides, that the said two Iustices of Peace have seen the said Bill or Declaration, & summoned both parties before them, endeavouring and perswading them to an agreement, or such manner as did appear unto the said Iustices, to be just and reasonable, which the said Iustices may be required to dispatch with all possible conveniency, and not to exceed ten dayes at most; withall to certifie how far forth the Defendant was willing to comply, or stood refractory. There may be perhaps at present sometimes from 20 to 80, between Causes and Motions heard at the Chancery Barre, and Upper Bench in one morning, perhaps in lesse then three or four hours, but how advisedly or considerately, let all the world judge, or any one in particular, that is but a stander by at any time: It is not fit that any Cause or Motion should be huddled up, that another should succeed. It is the long delay in dispatching Causes, and the making of so many extravagant and contradictory Orders, which makes Suites so intricate, and tedious to be decided at last. No man should be abridged in opening of his Cause or Motion, which being well done, the Iudge will be the better able to understand and determine it more speedily, and more agreeable to the justice thereof, and so Causes will happen to be finally determined, faster then new Suites commenced. And when one Court in a place is not sufficient, as in London, or in great Counties, it is better for to have two or more Courts, but one judge in each of them were best, and will likely dispatch more then two, and more unbyassed; whereas being two or more, they will endeavour and be encouraged to fix the blame upon each other for what they have a mind to trespasse in; for how shall it be discerned who is most in fault, when both or all of them subscribe the judgement? or what if they disagree about it, how shall it then be determined? VI. That the Judges in each Court upon their first sitting, aske if there be any Paupers, and dispatch them first, and so likewise at last aske if there be any Paupers that could not get ready sooner, and dispatch them before the Court rise. VII. That the Bill, Demand, or Declaration be put in, and left in writing, with the judge, or his Clerke, appointed to receive the same: And a Copie left at the other parties habitation, signed by the partie himselfe and his Clerke. And all Answers and Pleadings to be likewise put in writing, and Copies signed and left as aforesaid: And that it may be lawfull for the Plaintiff, insisting upon his former demand, to rejoyne and adde unto his former demand, producing whatsoever Depositions, Certificates, Evidences, or authentique Copies therof to be compared with the Original, upon the request of the other partie, and whatsoever other proofs the Plaintiffe please, leaving Copies as aforesaid, and the other party or Defendant insisting upon their former Answers againe to answer so often as they see cause, untill the Judge, at either of the parties request, shall give eight dayes notice unto the other to finish and compleat the Processe or Proceedings for the Judges perusal, who is not to reflect upon any Allegation in behalfe of either partie, unlesse the same be put in writing, and found duely fyled with the rest of the proceedings. And whereof the other partie had copie given him, and due Notification to reply as aforesaid. And that all Bills, Answers, Declarations, Pleas, &c. do no longer run in a slavish petitionary way, as formerly, But barely in the name of the Plaintiff and Defendant, with such distinction onely, and place of abode, as may distinguish them from all other persons. The present practice, but a most wilde course it is to conceale the Evidence untill the very poynt that Judgement is to be given, when the parties cannot in likelyhood have time to read them, much lesse to advise and make exceptions, nor to enquire of the Witnesses produced, how far they may justly be excepted against as incompetent, much lesse advise how to crosse examine, or disprove them; but the truth is, we are so irrationally grounded, as that we may not to our advantage, gainsay a Witnesse, though he depose never so falsly, or perjuriously: we are told we must take our course, and impeach the Witnesse of perjury; and is not this a pretty amends? an unconcionable Cative gives a Knight of the post, a hundred pounds (perhaps a hundred pence may doe the deed, for they are good cheap) to swear for him, whereby he recovers a thousand pounds of me, and all the recompence our good Lawes will give me, is to see my Knight stand in the Pillory, and loose his ears, for which sight, yet sometimes perhaps I must pay more in prosecution porsecution of him, then this rascall had for his Judas-like betraying me. The very forme and draught of a Bill, or Answer in Chancery, Court of Wards, Exchequer, and other Courts, was a clear badge of our vassalage and slavery, and not longer to be endured by a free-borne Nation. Justice is the birth-right of every individuall person, to become as free to us, as the aire we breath in, to be demanded modestly, not petitioned for. Perjured or false Witnesse have hitherto scaped scotfree for the most part, because, though the party who was perhaps undone by such false Witnesses, prosecuted, & was at charge to cause such perjured person to loose his ears, and be fined to the Common-wealth, yet he had no manner of recompence, or satisfaction for his owne losses, through such perjury, wherefore it is propounded, VIII. That each party be free to examine Witnesses of course, by the Examiner of the place where the Witnesse reside, to be transmitted unto the Court where the Cause depends, so soon as they please; first giving notice unto the other party, and afterwards a copy, both of the Interrogatories, and depositions, so soon as they are taken. And that it be free for either party to crosse examine Witnesses, whil'st the Cause is depending, and have four dayes at least, or more or lesse time, according to the place where Witnesses reside, assigned him for crosse examining such Witnesses, of whose depositions with the Interrogatories, Copies are to be given as aforesaid. Or rather to prevent the expence of often writing, and coppying out superfluous Interrogatories and depositions, That it be lawfull for each party to take by way of Certificate upon Oath made before any Justice or Judge, under the hand of any such Witnesse, what such Wittnesse can testifie in the Cause depending, and leaving Copy thereof with the other side, to fyle it with the other proceedings as aforesaid, which the respective Judges are to take notice of, and to make the same use of as of depositions: And the other side is free to crosse, examine, or to get crosse Certificates from the said parties first certifying, and leaving Copies thereof, as aforesaid. And all persons so certifying Witnessing or deposing any thing contrary to truth, shall be lyable to be proceeded against, and condemned in all manner of dammages, unto the party grieved. It is impossible to know how in judgement to cros-examine Witnesses, unlesse you know what he had first deposed, and generally such as are employed as Commissioners to take depositions, doe not so exactly know the method to be used therein, nor their Clerks qualified to pen them as they ought to be; and many not able to write legibly, much lesse sensibly. Witnesses at Common Law may be produced and alledged to be such and such, abiding here or there, when as afterwards no such manner of person to be found, or if found, known to be incompetent Witnesses, which could not be objected at the Tryall, because the other party had not timely notice of their names, to make enquiry after the parties themselves. It is no matter how leading Interrogatories be, and it were much to be wished, that an Interrogatory could light or point out every circumstance which might conduce to the discovery of truth, that the trouble and expensivenesse of others might be avoyded, and if any one be found deposing an untruth, he may be condemned in full dammages of all sort. And since Decrees & Judgements are the most weighty and important Acts of the Nation, and therefore ought to be well weighed, and not pronounced extemporarily, as hitherto: And so much the more unconsidered, by how much the Councellours, Attourneyes, and Sollicitors, on each side, continually and even purposely, interrupt each other, and suffer not the Judges to have a clear understanding of the Cause, it is Propounded, IX: That the Judge having perused the whole proceedings, and considering of it seriously, while the same is fresh in memory, without regarding any thing, but what is filled with the proceedings, shall either draw out the Order, Decree or Judgment by himselfe, or give instruction, how to have the same done, & then read it over advisedly, and subscribe it with his owne hand, to remaine with the whole proceedings ever after upon record. Though the most unjust Order or Decree be passed against any man, yet if it remaine not upon record what Evidences were produced, and what Witnesses did testifie, the Judges will avoyd the charge thereof, in alledging that this or that Evidence was produced, to ground such Order or Decree upon, or that nothing appeared to the contrary, and so secure themselves from being impeached: And if it be said that Witnesses may be produced to make out the Charge against such Judges: It is Answered, that the said Judges will also if need be, produce Witnesses enough to depose the contrary, and so cause them to perjure and out-sweare one another, and all this because the Allegations of both parties were not written downe to remaine upon Record. The Objection that if the Judges, whether at Common Law, or in Chancery, should read both Bill and Answer, Declaration, or Plea, &c. put in writing, much time must necessarily be spent, and few Causes dispatcht; will easily be Answered, and made appear, that this way would not onely dispatch more causes, but also more speedily, in that the greatest part of time now spent, is in making Orders and Decrees which are afterwards countermanded by contrary Orders and Decrees, and that upon good grounds many times, as being in themselves ungrounded altogether. And if a computation be made of how many Causes have been finally determined within these eight years, I believe it will be found, that even a greater number of Causes wherein every, Demand, Answer, Reply, &c. had been succinctly put in writing, and afterwards read in presence of the Judges or Commissioners themselves, might with more clearnesse and justice have finally been determined in eight moneths. And the truth hereof may easily appeare, if a search be Ordered to be made, first how many Motions, and secondly how many needlesse Orders have been made, and how few Causes finally determined within these eight yeares, and a Computation made accordingly. X. That it be lawfull for either or both parties agrieved within eight dayes to appeale from one and the same Order, Decree, or Judgment of the County Iudge to Westminster, and from Westminster to the Supreame Authority, who in case they finde the Appellant to have unjustly appealed, are to condemn him in all manner of costs and damages unto the other party; If otherwise, to give him all manner of damages, with double costs at least. And if no Appeale be fyled within the said eight dayes, then Execution to be granted both against body and goods reall and personall. There will be no inconveniences in so many Appeales, if the party unduly appealing be condemned in damages and charges unto the party grieved as is propounded. I have heard of an ungodly Proverb often repeated in other Countries, which sayes, Happy is the Sonne whose Father is gone to the Devill: Their meaning is this, that such a sonne had good luck whose Father adventure losse of soule and body to leave his sonne a great Estate. And though this graceless saying be not in proverb, certainly it is no where more in practice, neither are any people so highly tempted thereunto as in this Nation: It being a maxime in our Laws, that personall actions dye as well as persons, so that if a man enrich himselfe by Bribery, Perjury, cheating, lying, stealing, or murdering an Heire that stands between his Family and a great estate, or the like; If he do but goe aside, and play least in sight untill death summon him to an account, his children enjoy his evill gotten lands or riches as freely as any other estate. It is therefore Propounded, XI. That upon the Defendants or Plaintiffs death. the Executors or Administrators of either producing Certificate of the Administration granted, which is to be exhibited, and remaine fyled with the rest of the proceedings, Further progresse may be made as before, without any losse of time and charge, except the contrary party take Exceptions unto such Certificate, which in such case is to be speedily argued and determined as all other exceptions are upon all other emergencies whatsoever, Copies being first given to the other side, and the party unduely troubling the other, to be condemned in Charges as Dammages as aforesaid; so that all personall Actions may be freely begun and prosecuted by or against the Executors or Administrators, as if the Principall were living. XII. That if the Report of the Justices be confirmed by the County Court; Or if the Judgement or Decree of the County Court be confirmed by the Court at Westmin. then such said respective second judgment be ultimate, & stand unrepealed as to the party, in whose behalf it was given: And that it be free notwithstanding for the party grieved to appeale from the County Court unto the Court of Westminster, or from the said Court of Westminster unto the Supream Authority; who if they confirm the same, may condemne the party unduely appealing in double costs, and one fourth part of what hee so unduely appealed for. But if the County Court, or the Supreame Authority see cause to reverse the judgment of the respective inferiour Judges, then to condemn such respective Judge or Judges in all manner of damages: And that the Judge or Judges of each Court upon on the finall Decree or Judgement of any Cause, do put in writing the motives which induced them to passe such Judgement or Decree, subscribed with their owne hand to remain upon Record with the rest of the Proceedings, which at the end of the Suite are to be stitched up together, and so bound up in great Volumes as big as are manageable, and exactly Alphabeted and orderly laid up in presses, as that they may be speedily found out upon all occasions. For unlesse the Judges who are not subject unto their own or any subordinate Court, be questionable by the Supreame Authority for male-administration of Justice, the whole Nation will be lyable to be undone by them, without remedy. And then again, unlesse the Supreame Authority take such course, as that all Petitioners, whether against Judges for male-Administration or other grievances, wherein they can no where else be relieved but by the Supream Authority, may have easie accesse and speedy dispatch without charge, the remedie will be worse then the disease: And the people had better let all flye, then purchase the hopes and expectation only of recovery thereof with over-long attendance, excessive expence, and extream vexation. But if it be queried, who will then be Judge to the hazard of his owne estate even for erroneous judgments, and though he proceed never so uprightly according to his best understanding and conscience? I answer; That it is presumed the superior Court, and the Supream Authority will not be over-rigorous against such Judges, as clearly appeares, to have proceeded so diligently, advisedly, and uprightly, as could humanely have been expected, especially in doubtful cases; But if not as wel for erroneous and corrupt judgements they be censurable, though they be never so corrupt and byassed, they will still alledge to have proceeded and judged according to the integrity of their owne Conscience, and their utmost understanding, and so scape scot-free, as Jury-men and Judges have done hitherto, though they passed never so many Orders and Decrees, one directly crosse and contradictory to the other. Besides, why should any one of the Nation suffer or loose his estate through the errour of another? especialy when the other covenants, and hath a price for what he undertakes, and so becomes a servant unto the Common-wealth: And Judges ought no lesse to act any thing at their owne perills, then any other person throughout the Nation. And if they will not accept thereof upon such terms, they are equally free with others to wave the same. Have there been so many thousands of truely conscientious, godly, and understanding men, even capable of highest employment, who adventured their lives Gratis; others for an inconsiderable pay for a bare livelihood, even eight pence a day, and they done better service then many a Counsellor or Judge: And shall wee feare there will want persons fitly qualified to make Judges in our Land? Surely such as have run greater hazard, and done better service then severall Judges, without any at all, or for farre lesse consideration in way of wages then a Judge hath done, will not decline a lesse hazard when it may redownd more unto their Countries good nor prove lesse accomplished for the service. XIII. That no Counsellour be permitted to take, or Client to give above 10.s. for any one Motion or Hearing upon forfeiture of ten times the value, one halfe to the Common-wealth, and the other to the Discoverer: And that it be free for Giver and Taker to impeach each other, and enjoy the benefit thereof; and the Councellour being twice convicted for taking greater fees, be made uncapable of further practising in any Court: And that no Councellor having taken his fee, do omit to be present precisely at the beginning of such Motion or hearing as he taketh his Fee for; Nor move or plead in two Courts sitting at the same time upon the same penalty as aforesaid. The greatest part of motions is grounded upon matter of fact, and is easie discernable, it requires not for the most part about ten or twenty words, which may be as well, & cheaper uttered by the party himselfe, or any friend of his, wherefore it is propounded. XIV. That the parties themselves, or any Friend for them be permitted to speak if they desire it. And that not above two Counsellors be heard upon any Motion or Hearing, and that all persons be free to act as Attorneyes, as well as in any other Trade or Calling throughout the Nation. XV. That all Motions and Causes for Hearing be entred in course according as the parties Clerks or themselves appear to desire the same: And whosoever intends to move in any Court, doe first give a Copie of what they intend to move for unto the Clerke of the other side; and if the other side yeeld unto it, or any part thereof within 48. houres, they may draw up an Order by consent: And for what they cannot agree, the party upon 24. hours notice may move: And if the Judge or Judges see cause to grant the motion, that be condemn the other side in double charges: And if that motion be denyed, then the party moving to be condemned in double charges: And that all such Orders be drawne out briefly and clearly, and as neer as may be to the present Rules at Common Law. XVI. That one and the selfe-same Execution be taken and serve against person and goods both reall and personall in any part of England and Wales to be directed to all Sheriffs in generall, but to be served by the party himselfe, in whose favour it was granted if hee please, or by whomsoever else he shall employ: And the like for all other Writs and Notifications, provided they be persons of Integrity who are so employd, except to give notice of a tryall or hearing, which may best be done by a publique Officer. XVII. That the unnecessary sealing or Writs, &c. be forborne, and that all dates be expressed by the day of the moneth and a year, and that all Writs be sent open and directed to all Sheriffs in generall, or to such other publique Officers as for their sallary and fees, or otherwise doe voluntarily accept acceptpt thereof. And that what persons soever being to be served with any Processe. The Sheriff or his Deputy so soone as he receives the Processe, be obliged by himselfe or his Agents to repaire within three dayes unto the dwelling house or habitation of such person upon five pounds penalty, and not meeting with him, to leave a notification thereof in writing nailed upon the door, or gate, which no person may dare to take downe, but the party himselfe, whose name is to be endorsed upon the outside, that it may be apparent to whomsoever enters or passes by: And if such person within other three dayes appeare not to the Sheriff or his Deputy to be served with such Processe; That then the said Sheriff return such Processe by the first or second Post next following, or by some Messenger who may bring it with like speed upon penalty of 20.s. a day for such dayes which such Processe shall be longer delayed to be levyed of course by the Sheriff of any of the next adjoyning Counties on the Lands and Goods of the said Sheriff to the behoofe of the party who tooke out the Processe, together with his charges, without the least mitigation. XVIII. That the Sheriffs their Deputies, Bailiffs, and other Officers have their known Residencies where the people of the Nation may be sure to finde them at their usuall houres, and be dispatched without delay. XIX. That whosoever shall undertake the serving or executing of a Writ, and reveale the same, whereby the party escapes, or omit to serve such Writ, or to Arrest any person, when he or they might probably have done it: And having apprehended him, shall not forthwith deliver him up into safe custody, without making any stop or stay by the way. Or that shall not keepe him from escaping, or suffer him to be rescued through connivance or want of diligence, shall be liable to make good all charges and damages ensuing thereupon. XX. That for the future all Rules, Appearances, Imparlances be entred in publique Bookes, or rather annexed to the Processe or other proceedings whereto both Plaintiffs and Defendants should be free to have recourse. And that Copies thereof be forthwith given unto their Clyents respectively by their said Attorneys and Clerkes upon 20s. penalty for each default to the use of their respective Clyents together with whatsoever damages their Clyents shall sustaine for want thereof. The Attorneys or Clerks in all Courts give rules or terms according to the custome of their respective Courts, all which they enter in their owne books, as also Appearances. Now they themselves being Masters of these Bookes, they write in them what, and when they themselves will, and will not let their Clyents see but what, and when they list: So as it is clear, that the Clerks on both sides combyning together, may use or misuse their Clyents as they please, their Clients not being able to hinder it, nor in any possibility of understanding when their Clerks play the knaves with them, much lesse to remedie it when they know the same. XXI. That no person who hath not engaged himselfe by some Deed or Covenant under his owne hand, nor that is known to have a reall estate responsible, be liable to arrest till after Judgment. Nor other person, except upon Affidavit, that he conceales himselfe or his estate, or intends to conceale himselfe or his estate, or to leave the Land, or make his estate away beyond Sea. XXII. That what person soever (being by casuall and unavoidable losses, whether by Sea or Land, brought behind hand, and disabled to pay his debts, after sixe months imprisonment, if his Creditors require it, shall without all manner of deceit and collusion renounce all his both reall and personall estate to the behoofe of his Creditors, except his owne, his wives and childrens wearing Apparell, Bedding, and Instruments particular to their Calling. As also 12.d. in the pound upon the value of whatsoever such person shall so resigne and renounce unto his Creditors to be divided amongst them ratuably, according to their respective credits, shall from that time forwards by the Judge of the place where such Debitors lives be discharged from all manner of actions which his said Creditors had against him. But if it appeare at any time afterwards, that such Debitor did conceale any of his Estate, whether reall or personall from his said Creditors, or had before-hand made it over in trust to any person for his owne use, to the defrauding of his said Creditors, then shall the Debitor be lyable to be put in prison, and remaine there, and be kept at worke untill he hath satisfied his Creditors to the full. And that all persons under Execution upon actions of Battery or Trespasse: If they have not an Estate to satisfie such Executions, that their Fines be exchang'd into so many moneths or years working, to the benefit of such person as they have trespassed against: Or else into certain corporall punishment according to the nature and degree of the offence committed. And since the lying kind of penall Bonds and Mortgages have beene long since anathematiz'd for usurious, not onely amongst such as would be accounted best Christians, but elsewhere; That we may not be worse Christians then they, more barbarous then any, nor the Lawyers to continue longer to make a prey of us, it is propounded XXIII. That all single Bonds and Bills of debt may tacitely imply an Obligation of Interest to be due, equall with the principall, from the day such Bonds and Bills became due, untill the day that both Principall and Interest be satisfied together with damages and charges: and that a duplicate of such Bonds or Bills voluntarily registred in an Office for that purpose, and from thence certified at the Obligors request unto the County Register be entred as an Incumbrance upon such Obligors lands by the said County Register, who shall also endorse the said registring or enrolling upon the principall Bond or Bill to be secured thereby, according as it comes in course; and that the said Bonds and Bills being assigned over from one man to another as often as the parties pleas may be good in Law, and stand irrevocable, and enjoy the same Priviledges being registred as aforesaid. So great a part of our civil Covenanting hath been by way of penall Bonds, Morgages, and such like Usurious and Extortionary Contracts, as most clearly demonstrates this Nation, not onely to have been far from true Christianity, but to retaine very much of Barbarisme. First in that our Bonds are commonly made for double the debt, and so make all parties even under hand and seals before Witnesses, to be lyars upon on Record, and Morgages the like: And both one and other upon failer of a day, forfeited at Common Law irrevocably. But shall we be accountable for every vaine idle word, and shall we scape scot-free for our lying extortionary Contracts, because they are according to customary fundamentall Lawes of England? Certainly no other then the Devill, by his instruments the Lawyers, could be the Inventers and Upholders of such Lawes, such Contracts, and thereby of their own Trade, and Mystery, their robbing and tormenting of a Nation; the greatest part of Law-suits arising from such devillish and unchristian-like ensnaring Bonds and Contracts; for a Usurer or Money-monger, desiring to make the greatest improvement of his stock, advises with his Lawyer, who bids him take his Debitor by the throat, get a Mortgage of him, an absolute Bargaine and Sale, or a Bond with double penalty, and perhaps all of them together, to hold him so much the faster. Secondly, when the poor Debitor feeling the Rope about his neck, expresses an unwillingnesse to be made thus accessory to lying and his owne ruine, it is told him, the Chancery will forgive and pardon him; whereupon to prevent strangling at that instant, he sets his hand and seale, and gets a Reprieve for six moneths longer, or some such breathing time, which being expired, the Creditor is not admitted to goe the nearest way about by the Chancery, to regaine his principall with interest and charges, which some of them would be contented with, but must first goe to Common Law, and get the forfeiture of the Bond, and an entry upon the Mortgage, and afterwards use the best means he can, that the Chancery after some yeares progresse, may make an end of undoing what the Common Law had done, before he can be at liberty to receive and injoy any part of satisfaction. In briefe, But since neither a new body of Lawes can be prepared on a sudden, nor the old Lawes or proceedings be so soon new modelized as were to be wished; as also in that there are multitudes of Causes, both at Common Law, and in Chancery, which cannot be dispatched for want of time, and if turned over unto the new model, in the perplexed condition they are in, would never suffer the Judges to get before hand with their worke; It is therefore humbly Propounded in the meane time,

Law

CERTAINE PROPOSALS IN ORDER To a new Modelling of the Lawes, and Law-Proceedings, for a more Speedy Cheap, and Equall Distribution of Justice throughout the Commonwealth.

Certaine proposals in order to a new modelling of the lawes, and law-proceedings [...]

LawA1668

UPon Easter Munday last, being the 23th. day of March, in the 20th. Year of the Reign of our Sovereign Lord the King that now is; It being the usuall time of the Apprentices Liberty for their Civil Recreations; A Rude Multitude of People being met together in MooreFields, where, being so assembled, were instigated by some Factious Persons amongst them; who, to colour their Design, insinuated into the Rabble the pulling down of Bawdy-Houses; Under which Colour of Reforming of Bawdy-Houses, they at length Raised a great Hubbub; and so increasing in their Disorders, in a Tumultuous manner, committed many notorious Crimes; But, by the vigilancy of the Magistrates of the City, with the assistance of His Majesties Guards, were at last reduced; some of the Ring-Leaders whereof were apprehended and committed to the Goal for their Offences, to receive their Tryalls according to the known Lawes of the Land. And having been several times Examined, upon Confession of some, and Pregnant Proofe against others, by a special Jury of several Knights, Esquires and Gentlemen, of very great worth and esteeme, of the County of Middlesex, These Persons following, to wit Were Endicted of High-Treason for Levying of a Publick Warr against our Sovereign Lord the King; and at the Goale-delivery of Newgate, held at the Sessions-house in the Old-Baly London, the First day of April, 1668, and continued till the 4th. day, on which said 4th. day in the presence of Sir John Kelyng Knight, Lord Chiefe Justice of His Majesties Court of Kings-Bench. Barons of His Majesties Court of Exchequer. Sir Edward Atkins Sir Christopher Turner Sir Richard Rainsford Together with Sir William Wild Recorder of the City of London; These Prisoners following, viz. Peter Messenger. Richard Beasley. William Greene. Thomas Appletree. Were first called to the Barr to receive their Tryalls; where, after Proclamation being made, they severally Pleaded to their Indictments; and put themselves for their Tryal upon their Country. The Names of the Jury Sworn. The Jury being Sworn, the Court proceeded to Tryal. You Gentlemen of the Jury, these four, Peter Messenger, Richard Beasley, William Greene, Thomas Appletree, stand Indicted for High-Treason, having left their Obedience to our Sovereigne Lord the King, and being instigated by the Devill, upon the 24th. day of March last past, did Contrive a Design to Levy Warr and Rebellion against the King; being in the Head of Four or Five Hundred, Armed and Arraied: If this matter be proved against them, you must find them Guilty. You Gentlemen of the Jury, these Prisoners at the Bar did contrive and levy war, and fell upon the Kings Officers, and beat them, and broke the Prison, and let out the Prisoners, some for Felony: among the Multitude these were Four of them, as we shall endeavour to prove. The names of the Witnesses called and sworn, The Oath. THe evidence you shall give between our Sovereign Lord the King and the Prisoners at the Bar shall be the truth, the whole truth, and nothing but the truth. So help you God. Sir, pray tell my Lord what you see these do on Easter Tuesday. My Lord, I saw this Richard Beasley in the head of four or five hundred; he had a sword, and I took his sword from him; he had Colours, a green Apron upon a Pole; I heard some of them cry, Down with the Redcoats, and I did see William Greene there too, but not Appletree. Did they go with the multitude or no, or were they with them? They were with them; but I cannot say they went along with them. Pray tell my Lord what the Multitude said at that time. When we fell on them, they run away. Did Beasley lead them on? They said he was their Captain. Master Cowley tell my Lord what you saw. My Lord, he cut me and wounded me on the hand. The Constable charged them to be gone, and disperse themselves; with that they struck at the Constable, and knocked him down. Under what pretence did they pull down any house? The Constable, and some more of us, beat them up Nightingale Lane, I know not what their pretence was; I saw Appletree there, for he was the first that struck at the Constable, this was on Easter Tuesday. Did you see Greene there? I cannot tell. Did you see them pull down any house? what did you hear them say? They said, Down with the Bawdyhouses. Did you hear them talk of the Redcoats there? was Greene amongst them as one that helped and acted with them? I see him in Morefields on Munday, Tuesday, and Wednesday shout and throw up his Hat. What did you see them do? All that I saw was that Peter Messenger come along with the Colours in his hand, and I took him and carried him to prison my self; I did not hear them cry, Down with honest houses, but Bawdy-houses, I did not see all those, but onely these two, (pointing to two at the Bar.) Ay that was the Captain and the Ensign. My Lord, I saw this Beasley and Messenger in Moore-fields pulling down houses on Munday and on Tuesday in the head of three hundred, and at that time we routed them; On Wednesday they came with four or five hundred, and cried, Down with the Redcoats. What can you say? Witness. All I know is, Beasley made a blow at our Ensign, and struck at him with his Sword. What was their pretence? I cannot tell that. I see Thomas Appletree help to pull down Peter Burlingham's house, and broke another. What Company had they? About three hundred. Had they any Colours? what did you hear them declare? I heard them declare nothing, for I had like to have been knockt on the head. Well what do you say for your self, you hear it is sworn against you, that you were at the head of this Rabble, and they called you Captain, and you lead them up, and when the Constable came to command peace in the Kings name, you fell on him, and wounded him, so that he is hardly able to be here this day; Why did you gather this multitude together? It will behove you to make your Answer, what reason had you for it? I do not know the reason. I speak to you, that you should give a reason; After all this trouble that we have had in this Nation, it is a sad thing that a great number of giddy-headed people must gather together, under pretence of Reformation, to disturb the peace of the Nation again, if you can say no more for your self, there will be little trouble with you. What was the meaning of your gathering together? We went to pull down Bawdyhouses. How did you know which were Bawdy-houses? if you had known them you might have indicted them, there is law against them, but this is a strange kind of Reformation, if a Rabble come and saies, This man is a Papist, and this keeps a Bawdy-house, and would pull it down, this is a mad Reformation. My Lord that man hath sworn I was out on Tuesday, it was Wednesday before I came forth, but staid at home with my wife, because I would not be among them. Did not you carry a green Apron on a Pole for your Colours? My Lord, as I passed along by the Rout they flung a Bottle at me, and had like to have knockt me down, and tore my Apron off, and charged me to carry it on a Pole, and I would fain have come away from them, and could not. Make this appear, that you would fain have got away, and that they did force you to do what you did, and I shall be glad of it. There is none of them here now that were there then. Then all that you say is of little use: for it is no great thing to make a lye to save ones Life. God is my Witness. Have a care what you say. What say you of these four at the Barr. My Lord, I heard they were pulling down Houses, and I did what I could to preserve the Kings Peace; and that day I did save a great many houses and goods; the next day they were near my own house, and I did endeavour to do the same; and this Fellow with his Company did surprise my Men, and knockt me down; yet I Commanded the Peace, and they beset me round about, and cut me over the hand: I do remember that Beasley. VVe were in a place where there were three turnings, but they knockt me down, and beat me so, that I could not tell who it was that did hurt me. Do you know any more of this Company. No, my Lord: for if the Soldiers had not come, they would not have left till they had killed me. Had you your Staffe? Yes; But they took it away from me. I saw Messenger on Tuesday, though he sayes to the contrary. Messenger, You hear what is said against you, you say you were not out on Tuesday, he hath Sworn you were at the head of a Company with a Green Apron on a stick, and led them up. I was not there. I saw him (my Lord) on Tuesday, he and Beasley, about eleven of the clock in Moore-Fields, and they had gathered a great multitude of four or five hundred, and then they made an attempt to come into our Parish, and they cried, Down with the Redcoates. Pray, my Lord, let my VVitnesses be called in, for they Swear false. Your VVitnesses shall be called, a little of due consideration before-hand would have done you more good then now. What say you concerning the Prisoner. I can say (my Lord) he was till five of the Clock on Wednesday at Mr. Bennetts House in Golden Lane. Where was he on Monday and Tuesday. I know not. On Wednesday he was at a Kinsmans house. These two Witnesses gives no account at all of you, where you were on Monday and Tuesday. Greene, What say you? I was not among them. It is sworne you were amongst them and threw up your Cap. Were you not knockt down? Yes my Lord. How could you be knockt down if you were not amongst them. Did you not see Greene in the Multitude? I see him do nothing: but I see him with a Staff in his hand; I did not see him act any thing but follow the Colours. I was not among them but as I came home. You meane you did not take part with them, but you were there: It is Sworn you were upon Tuesday, following your Captain and the Colours: It is Sworn by Mr. Bull you were among the Rabble, and were knockt down: now, if the Jury do not believe that you did act among them, we will leave it to them. Appletree, What say you? As I was passing along (my Lord) I saw a Crowde, and I went to know what was the matter, and there came a Company down, and some running after me did me a mischief; I did not see the Constable, nor say, Knock him down. It is Sworn that you were the first Man that struck the Constable, and that you were at the pulling down of Burlinghams House. I did not offer to pull down his house, nor strike the Constable. My Lord, he was in Peter Burlinghams house, and broke it down, so that you might have riden a Horse through it; I spake to him two or three times to leave off, and if I had not stoopt suddenly he had struck me down with a Bed-staffe. I did see him on Tuesday with their Company, and I did see him strike at the Constable. Gentlemen of the Jury, you have heard what these say; The Prisoners are Indicted for High-Treason, for Levying of Warr against the King: By Levying of warr is not only meant, when a Body is gathered together, as an Army is, but if a Company of People will go about any Publick Reformation, this is High-Treason, if it be to pull down Inclosures, for they take upon them the Regall Authority, the way is worse then the thing: These People do pretend their Design was against Bawdy-houses, now for Men to go about to pull down Houses under the pretence of Bawdyhouses, with a Captain, and an Ensigne, and VVeapons, if this thing be endured, VVho is safe? It is High-Treason because it doth betray the Peace of the Nation, for every Subject is as much wronged as the King; for if every man may reforme what he will, no man is safe: therefore this thing is of a desperate Consequence, we must make this for a publick Example: There is reason we should be very cautious, we are but newly delivered from Rebellion, and we know that that Rebellion first began under the Pretence of Religion and the Law, for the Devill hath alwayes this Vizard upon it; VVe know that that Rebellion began thus, therefore we have great reason to be very wary that we fall not again into the same error, but it should be carried on with a watchful eye: And because Apprentices hereafter shall not go on this Road, we will have the solemne Resolution of all the Judges, and therefore you are to find it specially. You must find the matter of Fact, And We will Assemble all the Judges together in a Sober way, to give their Judgment, whether it be High-Treason or no; not that we do doubt of it now, for we know it is High-Treason, but for general satisfaction. It is proved that Beasley went as their Captain, with his Sword, and flourisht it over his head; Messenger was there with his Green Apron on a Pole in Morefields on Tuesday, and on Wednesday he was in the same posture again. My Lord, We would have our Witnesses heard. You shall have no wrong done to you? As for Greene it is proved he was with them shouting, and casting up his Cap: Now the Act that any one does in such a Tumult is the Act of all, if they all joyn together. He was on Tuesday following there, and on Wednesday he was taken. And then for Appletree he was the first Man that struck the Constable, and pull'd down Burlinghams house. Edmund Bedle. Richard Latimer. to the Barr. Bill of Indictment. You that are now called, being moved through the Instigation of the Devill, and having not the Fear of God before your eyes, have withdrawn your Obedience to our Sovereigne Lord the King, and against him did imagine and contrive Warr and Rebellion the 24th. day of March, with four or five hundred Persons in a Warlike manner arraied with long Pikes and other Armes, there met and assembled, against the Peace of our Sovereign Lord the King His Crown and Dignitie, &c. Gentlemen of the Jury, Bedle and Latimer stand Indicted for High-Treason, wanting that love and obedience that every man ought to have of his King, did the 24th. day of March assemble themselves together, to the number of four or five hundred persons, to Levie Warr and Rebellion; if we prove this, you must find them Guilty of HighTreason. Gaylor of Finsbury Prison. Witness Sworne. Tell my Lord what you saw. I can charge no particular Person, I was from home; and when I came home I found the Prison doores open, and they had let out their own Company and two others; and I locked up the Prison doores, and they gathered together about the Prison, and there came their Captain with his HalfePike, and Commanded me to open the doore; I told them, I would not open the doore: they told me, VVe have been Servants, but we will be Masters now; and if you will not open the doore, we will do your business for you by and by: They had Swords and Belts, and Halfe-Pikes, and they did push at me; And I came to a Parly with them when I saw there was no remedy; I let their Captain in, and when he could find none of his Company there he went away; but had it not been for the Company that stood without I would have kept him fast enough. Another VVitness Sworne. VVere any of these that stand at the Barr at Clerkenwell with a stick in his hand? Yes (my Lord) I saw Latimer there knocking at the Gate, and the Prison was broke open; and there came down Justice VVelsh to them to disperse them, but they let out two of their own Rabble, and two of the Felons. Nine of the Clock on Friday, I went to the Gate of the NewPrison, and there came and clapt a Bar in between the Gates to open them, and I saw Latimer throwing stones at the Windows. Justice Welsh being there, would have taken some of them, and they cried out, one die, and all die. I saw Bedle, and took him; their number was about four or five hundred; and I got out two Files of Men, and took four men more, whereof this Bedle was one of them. What do you say to this? This man hath a spight against me, (my Lord) for getting up behind the Coach, I let my Whip fall, and gave him a lash. But what sayes the other against you? what made you there? And Bedle, what do you say for your self. My Lord, I was in Southwark, and came from thence to Bishopsgate-street, and met with a Friend, and we drank four Flagons of Beer; so that I got a little too much drink in my head; and I stood and looked a while at the Prisoners in Bishopsgate, and my Uncle coming along, I went with him a little way, and then turned about and left him; and there was a man came and said, Brother, will you not go and see what they do in the Fields? and it was my hard fortune to be among them, but did not any hurt, blessed be God; but I followed them without doing any harm, and they went down Old street to Clerkenwell, but I did not break the Prison, nor do not know where the Prison is; for there was a Company made up to them, and they began to run. What did you say when they run away, did you not say, Face about? Your Lordship heard so, but I did not say face about. You Gentlemen of the Jury, you see what their Indictment is; They gathered a multitude together at Clerkenwell, and they had a Captain with a Half-Pike, that came to the Prison and forc'd open the door, and brought out two of their own crew, and two of the Felons, and they said they had been Servants before, but now would be Masters; and they cried out one die, and all die. And you have three Witnesses that swear that these two were there. Latimer especially, the Keeper, sayes he was forc'd to come to a parly with them, and took in their Captain, to give him satisfaction that there was none other there of their gang. Bedle sayes he was there but he was drunk, which is no sufficient excuse. Their Indictment read. Sir Philip speak what you know of these men. I delivered these men into the Constables hands. Did you not see a multitude of these people gathered together in a warlike way, if so, tell my Lord? There came some sober people, and told me that the tumult was greater then it was when my Lord Craven was there, and they did desire my assistance, and so I went into the Fields, and divided my men half on the one side, and half on the other, and the people looked upon us so contemptibly, that they told us we should quickly be unhorsed, therefore I charged my men not to let any man come within my Arms. Had they any Colours? They had a Sheet for their Colours, and when they saw my Horse they got into the Field, and stood as if they did not fear us, and I ordered some of my men to go and take him that had the Colours, and so our men did, and I called for a Constable, but there was no Constable to be found, and I thought my self to govern them, and to bring them into better order, at length this man came with his watch, and I delivered them into his hands, and I believe these are the men that I delivered to the Constable. Pray, Sir, look upon the Prisoners; and see if you know any of them. I cannot say that these were any of the persons that we did take, but there was a multitude of them gathered together, and we did desire them to go home, and they took up Brickbats in their hands, and said, They had as much to do there as we had. I took a Hanger from one of them my self, which is here in the Court. Tell my Lord what you heard this Rabble of people say. There came a Troop, and they thought it had been the Duke of Yorkes Troop, and they ran with Brickbats in their hands to them, and said, that if the King did not give them Liberty of Conscience, That May day must be a bloudy day. Another witness sworn. Speak what you know of these people. My Lord, they asked if the Duke of York were there, and answer was made, Yes, thinking they would have been satisfied and dispersed, but notwithstanding they came up to the Windmills and flung stones amongst us. My Lord, we did desire them by fair means, to disperse themselves and go home; they told me no, They would be with us ere long at VVhite-hall. My Lord, I was forc'd to make some resistance, but they flung stones very thick at us, saying, These Lifeguard Rogues are but a few, and because I commanded one of my Officers to seize on one of them, they cried, Knock down the Rogue. My Lord, I desired them to go home, their answer was, that we were Rogues and Dogs, and ere long they would come and pull VVhite-hall down, and their word was, Hey now or never. My Lord, I had these three at the Bar, but VVilde was none of them; pointing to the third. You say the other were. Yes. Pike and Gillington witnesses sworn. I did see this Cotton breaking down Burlingham's house. I can speak of the tall man Cotton, I will swear he was one of them. Sir Philip Howard saies he delivered Five to the Constable, and the Constable saies he does not know whether these be the persons or no, but it is the same thing if they were among those that did it. Yea, the thing is the same. You hear your Indictment is for High Treason, you are persons of the same Company, what do you say for your selves? We were not there. The Constable swears it. I cannot say, these were they, but two of them, Farrell is one. I was walking to Islington, and I did march a little way with them, but did nothing. Where were you taken. By Hollawell Lane, and I was all alone, and a Horseman rode after me, and asked me, if I were not one of them. All the Constable can say is this, There were men delivered to him from the Guard, and this man does not deny but that the Guard took him, but he did nothing, but many people are walking abroad in the Holidays; it is pity to take away a mans life without sufficient evidence. Farrell, what do you say? I was with my father and mother all the Holidays. Cotton, What say you? I came through Moorefields about noon, and I was taken by one of the Life-Guard. But you were pulling down a house. He was pulling down a House on Munday I was informed, and he was commonly among the Players at Pigeon-Holes, and after he had been pulling down a house, he was looking about to see what he could light of. As I have a Soul to save he Sweares falsly. Have a care what you say. You Gentlemen of the Jury here are five men more that are Indicted for the same disorder that the rest were, and we have now a little more discovery of their Rising, and we have discovered other Colours, for they thought the Duke of York had been in the Fields, and that enraged them the more, they taking Sir Philip Howard for the Duke of York; and when they did desire them to disperse themselves and go home, they said, They would not for such Rogues as the Kings Life-Guard were, but they would soon be at Whitehall; but you shall see what a Disguise is put upon it, If the King will not give us Liberty of Conscience, May-Day shall be a Bloody-day: This is Gentlemen to give us an Alarum, that we may not be too secure; And this must be punished as High-Treason, else we do destroy all. I think no body would have the Innocent to suffer: I had rather a Guilty Person should escape, then a Guiltless Person suffer. You hear the Constable cannot Swear that all those were the Men, and some others, because in such a Hurry a particular person cannot be known, except you know any of them by sight; I cannot see how you can find them Guilty, God forbid: You Gentlemen of the Jury, these three that were called last to the Barr stand Indicted as the others, for Levying Warr and Rebellion in Holbourn; you shall hear the Evidence, and if we make good the Evidence, you must find them guilty. My Lord, I found this Man at the head of a Party, and I took him, and committed him to the charge of a Company. Was he leading them on? Are you sure he was there? He will not deny that he was there, but he made no resistance at all: for we had three or four Companies ready to surprise them. My Lord, This was the first Man that laid hands to pull down my house. Mistris, was yours a Bawdy-house? No but they dragg'd me out of it. Was your House pull'd down? Yes: and all my Goods destroy'd, and Ten pounds in Gold taken out of my Wives Pocket. What can you say of Woodward? I cannot say he did take any thing out of the House that I know of. I do not ask you that; but did he go along with them, or had he a Staff in his hand? That John Richardson, (my Lord) is a Tapster; I heard him say he had made work for us, for he had helped to pull down a house. My Lord, on Saturday last at six of the Clock, I heard him in the red hair say, I have made work for you all. I do not know what he is. What do you say for your self? My Lord, I went up to see what the tumult was doing, for I lodg'd hard by; and when they had pull'd down the House, some run one way, and some another; and I was going to Westminster, and as I was walking up Holbourn, the rest of them were at my heels. That was because you was their Captain, and dragg'd the Woman out of the House that sayes she hath lost all she had. Woodward what what what say you? My Lord, Mr. Brooks gave me a black Pot to drink, and I staid no longer then the drinking of that. What do you say that Richardson pull'd down the Woman's House? My Lord, there was a Whore that clapp'd hands on me, and I wrung my self from her, and told her that her House should be pull'd down. Truly I see scarce an Apprentice among you all, and I am glad of it there is no more. I dog'd him home to his Master's house, but did not lay hold on him. I am very innocent of any thing of hurt that I did. Prove it. I was alone, How can I prove it. I was not all the Holidayes abroad. All Monday he was at home, and on Tuesday he was at home. It is impossible for him to be one of them, you might mistake. You Gentlemen of the Jury, in this case take notice; As for Woodward, they say he was there with a Stick in his hand: I would have you take notice that there is but one Witness, for the other you have his own braggs, if you will believe him that he pull'd down a House; you have no other; if you will believe him to be a bragging fool you may. And now for Limbericks Witness, he shall be heard. What do you know of the Prisoner at the Bar. This Man (my Lord) did lie in my House, and he did never stay after 9 or 10 of the Clock: He was at home every night betimes, and he did give me all his money to lay up, and he did earn 16 pence a day. What can you say? My Lord, I can say nothing but that he is a very honest man. John Sharpelisse, Prisoner at the Bar. His Inditement read. Gentlemen, he at the Bar stands indicted for High-Treason, and stirring up Rebellion in popular at the head of 500 persons, and pulling down Houses in Ratcliffe High-way, which we shall endeavour to prove. John Harding, Owen Maxum. Witnesses call'd, but came not in against the Prisoner. Gentlemen of the Jury, you know for matter of fact you are Judges: if you are not satisfied in the Evidence, then you cannot find them guilty. Consider who those persons are where the Evidences have not given sufficient satisfaction. THe Jewry being dismiss'd to consider of their Verdict, after a short stay they return'd, and found that as to Messenger, Appletree, Beasley and Greene, that according to the time in the Indictment mentioned, they were met together in a riotous manner in East Smithfield in Middlesex, and about Moor-Fields, under colour to pull down the Bawdy-houses. That their Captain was Beasley, who led them on with his Sword drawn, and that they had their Ensign carried by Messenger, which was an Apron carried upon a Pole, and so they marched with their Conductor. That they resisted the Constable who charged them in the Kings Name to keep the Peace, and struck him, and took away his Staff, and that these several persons were abetters in that tumult. And as to Bedle and Latimer, they found that a great number of people were met together armed with Swords, Clubs and Staves, &c. at ClerkenwellGreen to break New-Prison there, and had their Commander who had a Pike in his hand, and came to New-Prison, and released the Prisoners, some whereof were committed for Felony; and that when they were commanded to be gone, they cried out that they had been Servants, but now they would be Masters, and that these persons were seen acting in the tumult and there taken. As for Cotton they found, that the riotous persons were met together upon the 24th of March with a great number of people armed with their swords, and such like warlike weapons, for pulling down of Bawdy-houses, that when Sir Philip Howard with the Kings Guards came up to them, and commanded them to depart, they refused, and when it was given out that Sir Philip Howard was the Duke of York, thinking thereby they would be appeased, they were enraged the more, and declared, that if the King would not give them Liberty of Conscience, they would make May day a bloudy May day, threatning to pull down White-hall, and very contemptuously sleighted the Kings Guards, because they were but a small number, and this Cotton was proved to be one of them in the Action, and all along acting in the Riot. And further, as to Limberick, he was met, with the same Pretence of pulling down of Bawdy-houses, being armed as the rest were, and was owned by the Rabble to be the Captain of their Company: that he with his Companions pulled down the House of Peter Burlingham, and stole his Goods; The rest were found Not-Guilty. The Jury having thus found it specially, My Lord Chief Justice commanded the Prisoners again to the Bar, to whom he spoke to this effect, That we all now see what great cause we have to bless God, that we live under so merciful a Prince, and so good a Law as we now find we do live under; and that not only one Prince hath been so merciful, but such have been the gratiousness of other former Kings of England, that we shall rarely find any severity used in the execution of penal Statutes, where any fair means (which constantly hath been used,) could have any effect at all, That our Justice is not privately, but publickly administred in the sight of all people, like a Beacon that gives warning to all; so that all might take notice thereof, and avoid the like danger that others have fallen into. That the Prisoners more especially ought to bless God, and seriously to reflect within themselves this great mercifulness of our King and Law: for hereby they see, they have not been served so as they have served others (for then upon the very apprehending of them they might have received their execution) but contrariwise, they have had a fair Trial, not by strangers, but by their own Country and Neighbours, having had the liberty to speak what they could for themselves, and Witnesses for them, so that if it were possible all might have been found innocent, and heartily wished all could have been so found, and that some, blessed be God, are not found guilty, and to them he hoped this would be a sufficient warning, &c. Now as to all these Eight, against whom the Verdict was specially found, the Court took further time (because they would advise thereof before they would give their judgment whether High-Treason or no, it being declared by my Lord Chief-Justice to be matter of Law; and in the mean time these persons are to remain in safe Custody in His Majesties Goal at Newgate. And for the other Six, viz. The Jury found them not guilty, and so acquitted them of the offence whereof they stood charged, who after several Admonitions by the Court for their future good behaviour, they were discharged.

Law

THE TRYALS Of Such Persons as under the Notion of LONDON--APPRENTICES Assembled in Moore-Fields and other Places on EasterHoly-dayes last, under Colour of Pulling-Down Bawdy-Houses.

The tryals of such persons as under the motion of London-apprentices were tumultuously assembled [...]

LawA1673

SIr William Courten late of London Merchant, Endimion Porter, Esquire, John Weddal, Nathaniel Mountney, George Townesend, Thomas Kynnaston, Merchants, and divers others Participants with them, set forth severall great Shipps, laden with money and Marchandizes, for the Coast of India, China & Japan the Years 1636. 1637. & following Years, for trading voyages persuant to their letters Patents under the great Seal of England. After the death of Sir William Courten, William Courten his Son and Heir, and the surviving Partners, set forth the said Ships Bona Esperanza & Henry Bonadventura (inter alia ) in the Year 1641. for supply of their Factories, and to bring home their Effects from India and Parts adjacent. Afterwards William Courten being indebted to divers Persons, in severall great sommes of Money, amounting unto 100000. Pounds and upwards, for which Sir Edward Littleton, his Brother in law, stood obliged; The said William Courten did by his indenture and Bill of sale dated the 26. day of April 1642. graunt and assign all his Interest and share of stock in the said Ships and Factories in India to Sir Edward Littleton, for his indemptnity from the said debts, provided the surplus should be returned to the said Courten. Afterwards William Courten and Sir Edward Littleton, reciting the first Bill of sale and a great debt of 24800 Pounds due to Sir Paul Pindar, they graunt and assign unto Sir Paul all their Interest and share of stock, in the Ships Bona Esperanza and Henry Bonadventura with all Freights, and proceeds by a tripartite Indenture and Bill of Sale dated the 19. of December 1642. Provided that the surplus should be applyed towards the discharge of Sir Edward Littleton's engagements. On the 25. of June in the Year 1643, the said Ship Bona Esperanza with her lading, was taken in an hostile manner in the Streights of Mallacca, in her passage from Goa towards Maccao in China, by two Ships of Warr called the Vendilo and Portogallo, commanded by Captain Vermeerren and Captain Geeland (and the Lieutenant of the Fort at Mallacca) belonging to the East-India Company of the Netherlands, under a pretence that Mr. Courten and his Partners, traded with the Portugalls their Ennemies, notwithstanding there was a Truce made between the King of Portugall, and the States Generall, for ten Years in all parts parrs of the rhe Indies and Europe, which was concluded at the Hague on the 12. of June 1641. by Don Tristao de Mendoca Furtado, Embassadour from Don Iuan King of Portugall. In the same Year 1643. the Officers of the said East-India Company toke the Ship Henry Bonadventura with her lading into their possession, near the Island Mauritius, and converted both the Ships and Goods to their own use, to the loss and dammage of Mr. Courten and his Assigns, and the rest of the Partners, the summe of 85000 Pound Sterling, as by the proofs taken in the High Court of Admirallity in England appears. On the 5. of September 1644, the Proprietors having addressed themselves to the High Court of Admirallity, and procured an Admonition to be given unto Monsr. Albertus Ioachimy, the States Embassadour then resident in England, Intimating that they intended to examine Witnesses, in perpetuam rei memoriam , concerning the spoyls and dammages of the said Ships and lading; Which Admonition was also affixed upon one of the Pillars of the Royall Exchange, where it remayned eight dayes publickly, to the end that the East-India Company of the Netherlands, or any Person for them, might retain a Proctor to cross examine any of the said Witnesses if they pleased. In the Year 1647. Sir Paul Pindar makes a Procuration Ptocuration or Letter of attorney to Jonas Abeels of Amsterdam Merchant, dated the 11. of February 1647/8. old Stile, and also sent him an authentick Copie of the said tripartite indenture, attested by Iosua Maniet of London Publicq Notary. In the Year following William Courten being insolvent by reason of other losses, absented himself and went privately to the Hague to Mr. Iacob Pergens, who was not ignorant of the Premises in every circumstance, having received the particulars of the dammages amounting unto 85000. Pound, yet nevertheless to imbroil the Subjects of both Nations, he perswaded Mr. Courten to make another Bill of sale dated the 22. of February 1647/8. reciting therein that Mr. Courten being indebted to the said Mr. Pergens in severall summes of monie, he graunted and assigned all his right and interest in the said Ships and lading to him the said Pergens, Provided that Pergens should pay the surplus over and above his pretended debt to such person and persons lawfully clayming under Courten, which bill of sale was signed by William Courten and Iacob Pergens, and attested by Dominique Coulyn, David Goubard, and Salomon van der Heyde Publicq Notary in the Hague. In the moneth of May following Gerrit Coren Publicq Notary at Amsterdam by order of Ionas Abeels, insinuated his Procuration from Sir Paul Pindar and the Originall bill of sale from William Courten and Sir Edward Littleton, to the Directors of the East India Company, interdicting their payment of any monie for Courtens share and stock in the Shipps and lading aforesaid to any person or persons whatsoever, but unto the said Ionas Abeels in right of Sir Paul Pindar, protesting ptotesting that if they did otherwise it should be no discharge unto them; which insinuation and Protest was done by the said Notary Publicq on the 25. of May 1648. in the Assembly of the said Directors at their Chamber in Amsterdam in the presence of Ian Iansen and Adrian Nys witnesses thereunto. In the Moneth of October following, Ionas Abeels caused to be arrested in the hands of the said East India Company alle such summes of mony as should be found due from the said Company concerning the said two Shipps and their lading, that out of the said monies Sir Paul Pindar share and proportion should be paid in the first place to him the said Ionas Abeels in his quallity; which Arrest was made the first of October 1648. by Goosen Daniels Bode or Messenger; And a second Arrest was made by Willem Iansen Bode or Messenger, in November following both which the Court declared to be valid. Notwithstanding all these Admonitions and proceedings the Directors of the East India Company at their Chamber in Middelburgh Middelbutgh on the 18. of September 1649. made an underhand agreement with the said Iacob Pergens for 85000. gilders upon Caution given by the said Iacob Pergens and Peter Boudaen Courten of Middelburgh Marchant to save the said Company harmeles and indempnified from Sir Paul Pindar and others concerning the said Monie or any after claymes. Ionas Abeels on the 17. of May 1650. understanding of the underhand agreement at Middelburgh, summons the Directors of th' East India Company before the Magistrates of Amsterdam, and declares against them that they should be condemned to pay the 85000. gilders to him in right of Sir Paul Pindar with dammages for the same untill effectuall payment. Then the Directors of th' East India Company summoned Iacob Pergens, and Peter Boudaen Courten on the 13. of September 1650. to indempnify them from Sr. Paul Pindar for the said money, and free them of all Costs accordingly, as by the Acts of the Court appears. In the same Year 1650. Sir Paul Pindar dyed, and soon after Ionas Abeels dyed also. So the right of Action remained in statu quo . In the Year 1654. William Toomes, Executor of Sir Paul Pindar, and severall of the Proprietors and Adventurors, exhibited their claym for the Originall loss and Dammages of 85000 Pound Sterling, before the English and Dutch Commissioners at London, appointed by the Treaty made between Oliver Cromwel and the States Generall, which by a provisoe in the said Treaty was referred to the Protestant Cantons of Switserland, if the said Commissioners did not compose the same within three moneths. Afterwards the Proprietors and Adventurors applyed themselves to Mr. Secretary Thurloe, for a Commission to be directed to the Protestant Cantons, who answered that most of the Proprietors being Delinquents by Act of Parlement, for adhering to the late King, and soe they had forfeited their Estates, they could not expect any protection from his Highness Oliver Cromwel, therefore perswaded them to desist from any further Prosecution pro tempore . In the Year 1660. upon His Majesty's most happy restauration, severall of the Proprietors and Adventurors on the behalf of themselves, and the rest of the Interessed made their address to Sir Edward Nicholas, Principall Secretary of State, to move His Majesty to recommend their case concerning the Ships Bona Esperanza and Henry Bonadvantura to the States Generall for satisfaction and reparation. Whereupon Sir Edward Nicholas having informed the King the true state of the case, and also intimated to His Majesty what great services and sufferings Sir William Courten and Sir Paul Pindar had undergone for the Crown of England, both in the time of King Iames and the late King, as also of the particular sufferings of Sir Edward Littleton, and severall of the other Proprietors, His Majesty was gratiously pleased to direct his Letter under his sign Manuall to the States Generall, signifying that the said spoils and dammages being committed against the Laws of common Amity, upon his Subjects who had merited so much from the Crown, he Earnestly required the States Generall to make satisfaction to the Persons interessed and injured, according to the proofs made in his high Court of Admirallity, signifying also that he was obliged in Justice and Honour to see it effected accordingly. In persuance of which Letter and severall Orders of the Councell-Table for Instructions to Sir George Downing, who was then Envoyé Extraordinary for His Majesty at the Hague, divers Memorialls, Answers and Replyes passed between him and the States Generall in the Year 1662. concerning the said spoils and Dammages of those Ships Bona Esperanza and Henry Bonadventura, wherein the States Generall denyed not the matter of fact, but would have Evaded any other satisfaction to the proprietors and Participants, then what the East India Company by Combination had given to Iacob Pergens upon his fraudulent practise as aforesaid. In that Year 1662. the States Generall having instructed Mr. Simon van Hoorn and Mr. Michiel van Gogh their Ambassadours in England, to get the said spoiles and depredations concerning the said Shipps to be mortified and Extinguished in the Treaty then depending at Whitehall, his Majestie declared he would breake of the said treatie unlesse satisfaction and reparation should be made for the said Shipps according to the said Letter of recommendation to the States Generall at the Hague as aforesaid. Where upon there was a particular Exception in the 15. Article of the said Treaty, concluded at Whitehall the 4. of September 1662. that the Dammages concerning those two Shipps Bona Esperanza and Henry Bonadventura should not be comprehended in the Extinguishment and mortification of former losses and Injuries in the East Indies, but reserved for reparation according to tot his Majesties Letters of Recommendation as aforesaid, and Expressed in these words poterint litem inceptam prosequi &c. which agreement was also attested under the Hands and Seales of the late Duke of Albermarle, the Earle of Manchester, the Lord Hollis, the Lord Bartlet, Sir George Carteret, Sir Edward Nicholas and Sir William Morice, Commissioners that Treated with the States Embassadours. In the Year following Sir George Downing in persuance of the said Treaty, held a Conference with the Pentionaris Iohn de Wit and the Deputies of the States Generall, in the presence of Mr. Peter van Dam, and two of the Directors of the East India Company in the Chamber of the States Generall to adjust the said Dammages, But in stead therof the Company made severall impertinent interpretations upon the Law of England in the Case of Sir Paul Pindar and Sir Edward Littleton; Notwithstanding the said Company had the Opinions by them under the hands of Sir Iohn Iohnn Glynn, Sir Iohn Maynard, Sir Edward Turnor and Master Serjeant Baldwynn, affirming that William Courten had nothing in him to grant to Iacob Pergens after the Bills of Sale to Littleton and Pindar, which made them absolute proprietors by the Law of England. Only there was a possibillity left in Courten to call them to Accompt after their debt should be paid, which opinions were also confirmed by Sir Giles Sweit, Sir William Turner, Sir VValter VValker, and Sir Tymothy Baldwyn, Doctors of the Civill Laws, and delivered to Mr. Peter van Dam the Advocate of the East India Company. Then Iohn de VVit offred 30000. pound sterling. upon Accompt of all the Proprietors and persons interessed, reserving the Civil right of Action against Iacob Pergens and Peter Boudaen Courten, for the 85000. gilders paid upon their caution as aforesaid, which offer was not satisfactory, so the Generall dispute remayned also in statu quo . Afterwards Sir George Downing did by his last Memoriall upon that subject, dated the 24. of October 1664. give the States Generall a peremptory day to make of that business, intimating therein how ill the King resented it to be so slighted, and that his Majestie would not prostitute his Honour any further but Governe himselfe accordingly, yet all proved ineffectuall. Then the Proprietors with others addressed themselves with a list of Dammages to the House of Commons in Parliament, the Bona Esperanza and Henry Bonadventura being placed in the front of all demands; whereupon the Commons voted to assist his Majestie with their lives and fortunes in acquiring satisfaction and reparation, and soone after a declaration for Generall Reprisalls was ordered by the King and Councell against the States Generall and their Subjects, whereupon severall millions of pounds Sterling were granted to his Majestie in Parliament for the prosecution thereof. In the Year following the Earle of Shrewsbury, Sir Iohn VVolstenholme, Sir Iohn Ayton, George Carew and VVilliam Floyd Esquires, and others Interessed, made application to his Majestie by petition for Espetiall Letters of Reprisall to remaine in force against the States Generall and their Subjects, untill the Originall losse and dammages should be reprised which was referred to the Judge of the Admirallity and his Majesties Advocates Generall, and severall other Doctors of the Civill Law, to Examine the whole matter and to reporte their opinion what was fitt for his Majestie to do further for his Subjects reliefe in that Case. After severall Consultations and debates had betweene the said referrees Concerning the premises, Doctor Exton then Judge of the Admirallity Court, Sir Robert VViseman, Sir VVilliam Turner, and Sir Timothy Baldwyn, made their report to his Majestie, that in this case of spoiles there was no remedie left but Especiall Reprisalls to continue in force against the States Generall and their Subjects, untill the debt and Dammages (wich they found upon proofes to arise unto the summe of 151612. pound sterling) should be recovered with Costs, or a Composition made for the same betweene the East India Company of the Netherlands and the parties Interessed, whereof the said Company were obliged by the Law of Nations to take notice of. In persuance thereof Letters Patents under the Great Seale of England dated the 19. of May 1665. were granted unto Sir Edmond Turnor, and Mr. George Carew (Administrator of Sir Paul Pindar) their Executors Administrators and Assignes on behalfe of them selves and all the Interessed to continue in force accordingly, with this Especiall clause and Provisoe therein contained, that notwithstanding it should happen that a peace and agreement should be made betweene his Majestie and the States Generall for the Generall Reprisalls, yet it should be lawfull for the said Turnor and Carew and their Executors and Assignes, to putt the said Letters Patents in Execution for Especiall Reprisalls from time to time untill they had recovered the said debt of 151612. pounds with all Incident Charges, or that the East India Company of the Netherlands should Compound with the Proprietors and other persons Interessed in the same. In the Year 1666. Mr. Iames Boevé delivered a Copie of the said Letters Pattents to Mr. Peter van Dam, at the East India Chamber at Amsterdam, and requested him to move the said Company to compose the said debt and Dammages in an Amicable way rather then to leave it in dispute from Generation to Generation, to the prejudice of the States Generall and their Subjects. In the Year 1667. during the Treaty at Breda, the States Generall having suprized the Kings Shipps at Chattam, severall of the Proprietors freinds in the Hague moved the Pentionaris Iohn de Wit, to incite the States of Holland and the East India Company to te give some Honorable satisfaction for the Shipps Bona Esperanza and Henry Bonadventura (which had bin so solemnely debated in former Treaties) being more for the Interest of their Country then to insist upon such scandalous Articles as they had framed and sent to Breda concerning the said Dammages, which could not extinguish the debt or make void the Letters Patents, to Turnor and Carew any more then to disannull the 35. Article of the States Patent to the East India Company of the Netherlands, whereby they make peace and Warre with all Princes and States whatsoever at their pleasure from the Cape Bon Esperanza to the Streights of Magelanus, yet Iohn de Wit and his Complices persisted in their projects, and would not hearken to any other advice. In the Year 1671. the States Generall having made severall Breaches of the Treaty at Breda, and denyed Common Justice to his Majesties Subjects in their ordinary Courts of Judicature in Holland and Zeland, severall of the proprietors and Interessed Persons in the said debt and Dammages, made fresh applications to his Majestie by petition, and prayed that his Majestie would please to insist upon reparation and satisfaction in an Extraordinary way according to the merits of their causes, and Espetially for the debt of 151612. pounds ascertained under the Greate Seale of England as aforesaid, which said petition was by order of Councell referred to the Lords Commissioners of the Treasury and the two principall Secretaries of State, who made a report to his Majestie, that the States Generall having bin refractory in severall Articles of the Treaty at Breda, his Majestie and his Subjects were at libertie both in justice and Equity to require full satisfaction and reparation in Mr. Courtens Case, notwithstanding the said Treaty at Breda. In persuance thereof his Majestie was gratiously pleased on the 7. of July 1672. to recommend the debt of 151612. pound with Dammages by his Letter under his signe Manuall sent by the said George Carew to his Grace George Duke of Buckingham, and the Right Honorable Henry Earle of Arlington, his Majesties Plenipotentiaries and Embassadours Extraordinary to the French King and the States Generall then upon a Treaty at Uytrecht, commanding the said Plenipotentiaries to insist upon satisfaction accordingly; declaring therein his care to protect his Subjects in their Just rights as well as to assist them in the recovery thereof. But the said Treaty taking no effect, the said Plenipotentiaries removed from Uytrecht before Mr. Carew arrived at Amsterdam. Then Mr. Carew returning for England in Company with Mr. John Sherland the Fiscall Generall by order of the States of Holland Committed them both to Prison on the 6/16. of August 1672. as Criminalls upon pretence they were Ennemies to the Country, and Charged Mr. Carew as a seditious person in seeking after Justice in the premises, and detayned them both close prisoners in the gevangen port, where they tbey are subject to many affronts and reproaches upon every encounter and Alarum in the Countrey, and also obstructed in the Just prosecution of the debt and Dammages aforesaid, which is by an Especiall order of the Councell board dated at Whitehall the 2. of May 1673. recommended to the Lords Embassadours Extraordinary and Plenipotentiaries at Cologne, intimating therein that the case of the Adventurors and Creditors of Sir William Courten being already fully stated should be first insisted upon in the list of all Complaints, wherefore the Letters Patents were exemplified and sent to Cologne accordingly, a true Copie thereof here after followes.

Law

The Continuation of the case between Sir William Courten, his Heyrs and Assigns, and the East-India Company of the Netherlands, concerning the Ships Bona Esperanza and Henry Bonadventura. With some Considerations and Objections answered.

The Continuation of the Case between Sir William Courten, his heyres and assignes, and the East India Company of the Netherlands [...]

LawA1680

MY old Client! a good morning to you, whither so fast? you seem intent upon some important affair? Worthy Sir! I am glad to see you thus opportunely, there being scarce any person that I could at this time rather have wisht to meet with. I shall esteem my self happy, if in any thing I can serve you. The business I pray? I am summon'd to appear upon a Jury, and was just going to try if I could get off. Now I doubt not but you can put me into the best way to obtain that favour. 'Tis probable I could. But first let me know the reasons why you desire to decline that service. You know, Sir, there is something of trouble and loss of time in it; and mens Lives, Liberties, and Estates (which depend upon a Jury's Guilty, or Not guilty, for the Plaintiff, or for the Defendant) are weighty things. I would not wrong my Conscience for a world, nor be accessary to any mans ruin. There are others better skill'd in such matters. I have ever so loved peace, that I have forborn going to Law, (as you well know many times) though it hath been much to my loss. I commend your tenderness and modesty; yet must tell you, these are but general and weak excuses. As for your time and trouble, 'tis not much; and however, can it be better spent than in doing justice, and serving your Country? To withdraw your self in such cases, is a kind of Sacriledg, a robbing of the publick of those duties which you justly owe it; the more peaceable man you have been, the more fit you are. For the office of a Jury-man is, conscientiously to judg his neighbour; and needs no more Law than is easily learnt to direct him therein. I look upon you therefore as a man wellqualified with estate, discretion, and integrity; and if all such as you, should use private means to avoid it, how would the King and Country be honestly served? At that rate we should have none but Fools or Knaves intrusted in this grand concern, on which (as you well observe) the Lives, Liberties, and Estates of all Englishmen depend. Your Tenderness not be accessary to any mans being wrong'd or ruin'd, is (as I said) much to be commended. But may you not incur it unawares, by seeking thus to avoid it? Pilate was not innocent because he washt his hands, and said, He would have nothing to do with the blood of that just one. There are faults of Omission as well as Commission. When you are legally call'd to try such a cause, if you shall shuffle out your self, and thereby persons perhaps less conscientious happen to be made use of, and so a Villain escapes justice, or an innocent man is ruined by a prepossest or negligent Verdict; can you think your self in such a case wholly blameless? Qui non prohibet cum potest, jubet: He abets evil, that prevents it not when he may. Nec caret scrupulo societatis occultæ qui evidenter facinori defenit obviare: He deserves not to be free from the suspition of a close society, or underhand conspiracy in the mischief of subverting the fundamental Laws and Liberties of the Nation, who ceases to obviate and oppose it. Truly I think a man is bound to do all the good he can, especially when he is lawfully call'd to it. But there sometimes happen nice cases, wherein it may be difficult to discharge ones conscience without incurring the displeasure of the Court, and thence trouble and damage may arise. That is but a vain and needless fear. For as the Jurors priviledges (and every English-mans in and by them) are very considerable; So the Laws have no less providently guarded them against Invasion or Usurpation. So that there needs no more than first understanding to know your duty, and in the next place courage and resolution to practise it with impartiality and integrity, free from accursed bribery and malice, or (what is full out as bad in the end) base and servile fear. I am satisfied, that as 'tis for the advantage and honour of the publick, that men of understanding, substance, and honesty should be employ'd to serve on Juries, that justice and right may fairly be administred; So 'tis their own interest when called thereunto, readily to bestow their attendance and service, to prevent ill presidents from men otherwise qualified; which may by degrees fatally, though insensibly, undermine our just Birth-rights, and perhaps fall heavy one day upon us, or our posterity. But for my own part, I am fearful lest I should suffer through my ignorance of the duty and office of a Juryman, and therefore on that account principally it is, that I desire to be excused in my appearance, which if I understood but so well as I hope many others do, I would with all my heart attend the service. You speak honestly, and like an Englishman. But if that be all your cause of scruple, it may soon be removed, if you will but your self a very little trouble of inquiry into the necessary provisions of the Law of Engl. relating to this matter. There is nothing (of a temporal concern) that I would more gladly be inform'd in, because I am satisfied, 'tis very expedient to be generally known. And first I would learn how long trials by Juries have been used in this Nation? Even time out of mind; so long, that our best Historians cannot date the Original of the Institution, being indeed cotemporary with the Nation it self, or in use as soon as the people were reduced to any form of Civil Government, and administration of Justice. Nor have the several Conquests or Revolutions, the mixtures of Foreigners, or the mutual feuds of the Natives, at any time been able to suppress or overthrow it. For, Amongst the Britains. 1. That Juries (the thing in effect and substance, though perhaps not just the number of Twelve men) were in use amongst the Britains the first Inhabitants of this Island, appears by the Ancient Monuments and Writings of that Nation, attesting that their Free holders had always a share in all Tryals and determinations of differences. Amongst the Saxons. Lamb. p. 218. Cook 1. par. Institutes, fol. 155. 2. Most certain it is, that they were practised by the Saxons, and were then the only Courts, or at least an essential, and the greater part of all Courts of Judicature: For so (to omit a multitude of other Instances) we find in King Ethelreds Laws, In singulis Centuriis, &c. In every Hundred let there be a Court, and let Twelve ancient Free-men, together with the Lord, or rather according to the Saxon, the Greve, i.e. the chief Officer amongst them, be sworn, That they will not condemn any person that is Innocent, nor acquit any one that is guilty. Continued by the Normans. See Spelmans Glossar. in the word Jurata. 3. When the Normans came in, William, though commonly called the Conquerour, was so far from abrogating this Priviledg of Juries, That in the 4th year of his Reign, he confirmed all King Edward the Confessors Laws, and the ancient Customs of the Kingdom (whereof this was an essential and most material part). Nay, he made use of a Jury chosen in every County, to report and certifie on their Oaths what those Laws and Customs were; as appears in the Proem of such his Confirmation. Confirmed by Magna Charta. 4. Afterwards when the Great Charter, commonly called Magna Charta, (which is nothing else than a recital, confirmation and corroboration of our Ancient English Liberties) was made and put under the Great Seal of England in the 9th year of King Henry the 3d (which was Anno Domini 1225.) Then was this Priviledg of Tryals by Juries in an especial manner confirmed and establisht, as in the 14th Chapter, That no Amercements shall be assessed, but by the Oath of good and honest men of the Vicinage. And more fully in that Golden Nine and twentieth Chapter No Freeman shall be taken, or imprisoned, nor be disseized of his Freehold or Liberties, or free customs, or be out-law'd, or exil'd, or any other way destroyed, nor shall we pass upon him, or condemn him, but by the lawful judgment of his Peers, &c. Which Grand Charter having been confirmed by above thirty Acts of Parliament, the said right of Juries thereby, and by constant usage, and common custom of England, which is the common Law, is brought down to us as our undoubted Birth-right, and the best inheritance of every English man. For as that famous Lawyer Chief Justice Cook in the words of Cicero, excellently avers, Major Hereditas venit unicuique nostrum a jure & legibus quam a parentibus 2. Institutes, fol. 36. 'Tis a greater inheritance, and more to be valued, which we derive from the fundamental constitution and Laws of our Country, than that which comes to us from our respective Parents. For without the former, we have no claim to the latter. But has this method of Trial never been attempted to be invaded or justled out of practice? 'Tis but rarely that any have arrived to so great a confidence: For 'tis a most dangerous thing to shake or alter any of the rules or fundamental points of the common Law, which in truth are the main pillars and supporters of the fabrick of the Commonwealth. These are Judg Cooks words. 2. Institutes, pag. 74. Yet sometimes it has been endeavoured. But so sacred and valuable was the Institution in the eyes of our Ancestors, and so tenacious were they of their Priviledges, and zealous to maintain and preserve such a vital part of their Birth-right and Freedom, that no such attempts could ever prove effectual, but always ended with shame and severe punishment of the rash undertakers. For example, 1. Andrew Horn an eminent Lawyer, in his Book Entituled, The Mirrour of Justices, (written in the Reign of K. Edw. I. now near 400 years ago) in the fifth Chapter, and first Section, records, That the renowned Saxon King Alfred caused four and forty Justices to be hang'd in one year as murtherers, for their false Judgments. And there recites their particular Crimes, most of them being in one kind or other Infringements, Violations and Encroachments of and upon the Rights and Priviledges of Juries; amongst the rest, that worthy Author tells us, he hanged one Justice Cadwine, because he judged one Hackwy to death without the consent of all the Jurors; for whereas he stood upon his Jury of twelve men, because three of them would have saved him, this Cadwine removed those three, and put others in their room, on the Jury, against the said Hackwy's consent. Where we may observe, that though at last twelve men did give a Verdict against him, yet those so put upon him, were not accounted his Jurors; by reason all, or any of them, who were first sworn to try him, could not (by Law) be removed, and others put in their stead. And that such illegal alteration was then adjudged a Capital Crime, and forthwith the said Cadwine was Hang'd. 2. A second instance I shall give you in the words of the Lord Chief Justice Cook. Cook 2. part of Institutes, fol. 51. "Against this ancient and fundamental Law (and in the face thereof) there was in the 11. year of King Henry 7. cap. 3. an Act of Parliament obtained (on fair pretences, and a specious preamble, as to avoid divers mischiefs, &c.) whereby it was Ordain'd, That from thenceforth, as well Justices of Assize, as Justices of the Peace, upon a bare Information for the King before them made, without any finding or presentment by the Verdict of Twelve men should have full power and authority by their discretions to hear and determine all offences and contempts committed or done by any person or persons against the Form, Ordinance, or effect of any statute made and not repealed, &c. "By colour of which Act (saith Cook) shaking this Fundamental Law (it means, touching all Trials to be by Juries) it is not credible what HORRIBLE OPPRESSIONS and EXACTIONS, to the undoing of MULTITUDES of people, were committed by Sir Richard Empson Knight, and Edmund Dudley, Esq; (being Justices of the Peace) throughout England, and upon this unjust and injurious Act (as commonly in like cases it falleth out) a new Office was erected, and they made Masters of the Kings Forfeitures. But not only this Statute was justly soon after the decease of Hen. 7 repealed by the Statute of the 1 Hen. 8. cap. 6. but also the said Empson and Dudley (notwithstanding they had such an Act to back them, yet it being against Magna Charta, and consequently void) were fairly executed for their pains; and several of their under agents, as Promoters, Informers, and the like, severely punisht, for a warning to all others that shall dare (on any pretence whatsoever) infringe our English Liberties. See Sir Rich. Bakers Chron. p. 273. For so the Lord 4. part Instit. fol. 41. Cook having (elsewhere) with detestation mentioned their story, pathetically concludes, Qui eorum vestigiis insistant, exitus perhorrescant: Let all those who shall presume to tread their steps, tremble at their dreadful end. Other Instances of a latter date might be given, but I suppose these may suffice. Yes surely; and by what you have discoursed of the long continued use of Juries, and the zealous regards our Ancestors had, not to part with them; I perceive that they were esteemed a special priviledg. Be pleased therefore to acquaint me wherein the excellency and advantages to the people by that method of trial above others, may consist? This question shews you have not been much conversant abroad, to observe the miserable condition of the poor people in most other Nations, where they are either wholly subject to the despotick arbitrary lusts of their Rulers; or at best under such Laws as render their Lives, Liberties, and Estates, liable to be disposed of at the discretion of strangers appointed their Judges, most times mercinary, and Creatures of Prerogative; sometimes malicious and oppressive, and often partial and corrupt. Or suppose them never so just and upright yet still has the Subject no security against the attacks of unconscionable Witnesses; yea, when there is no sufficient Evidence, upon bare suspicions they are obnoxious to the Tortures of the Rack, which often make an innocent man confess himself guilty, meerly to get out of present pain. Is it not then an inestimable happiness to be born and live under such a mild and righteous Constitution wherein all these mischiefs (as far as humane prudence can provide) are prevented; where none can be condemn'd, either by the power of superior enemies, or the rashness or ill will of any Judg, nor by the bold Affirmations of any profligate evidence; But no less than Twelve, honest, substantial, impartial men, his neighbours (who consequently cannot be presumed to be unacquainted either with the matters charged, the Prisoner's course of life, or the credit of the Evidence) must first be fully satisfied in their Consciences, that he is guilty, and so all unanimously pronounce him upon their Oaths. Are not these, think you very material priviledges? Yes certainly, though I never so well consider'd them before. But now I plainly see our forefathers had, and we still have all the reason in the world to be zealous for the maintenance and preservation thereof from subversion or encroachments, and to transmit them intire to posterity. For if once this bank be broken down or neglected, an ocean of oppression, and the ruins of infinite numbers of people, (as in Empson and Dudley's days) may easily follow, when on any pretence they may be made Criminals, and then fined in vast sums, with pretext to enrich the Kings Coffers, but indeed to feed those insatiate Vultures that promote such unreasonable Prosecutions. But since you have taught me so much of the antiquity and excellency of Juries, I cannot but crave the continuance of your favour to acquaint me somewhat more particularly of their office and power by Law. The Office and power of Juries. I shall gladly comply with so reasonable and just a request. A Jury of twelve men are by our Laws the only proper Judges of the matter in issue before them. See Cook, 4th part of Instit. fol. 84. As for instance, 1. That Testimony which is delivered to induce a Jury to believe, or not to believe the matter of Fact in issue, is called in Law EVIDENCE, because thereby the Jury may out of many matters of Fact, Evidere veritatem , that is, see clearly the truth, of which they are proper Judges. 2. When any matter is sworn, Deed read, or offered whether it shall be believed or not, or whether it be true or false in point of Fact, the Jurors are proper Judges. 3. Whether such an act was done in such or such a manner, or to such or such an intent, the Jurors are Judges. For the Court is not Judg of these matters, which are evidence to prove or disprove the thing in issue. And therefore the Witnesses are always ordered to direct their speech to the Jury, they being the proper Judges of their Testimony. And in all Pleas of the Crown (or matters Criminal) the Prisoner is said, to put himself for trial upon his Country, which is explained, and referred by the Clerk of the Court, to be meant of the Jury, saying to them, Which Country you are. Well then, what is the part of the Kings Justices, or the Court? what are they to take cognizance of, or do, in the Trials of mens Lives, Liberties, and Properties? Their office in general is to do equal justice and right: particularly, 1. To see that the Jury be regularly return'd and duly sworn. 2. To see that the Prisoner (in cases where 'tis permittable) be allowed his lawful challenges. 3. To advise by Law, whether such matter may be given in evidence or not, such a writing read or not, or such a man admitted to be a witness, &c. 4. Because by their learning and experience they are presum'd to be best qualified to ask pertinent questions, and in the most perspicuous manner soonest to sift out truth from amongst the tedious impertinent Circumstances and Tautologies; they therefore commonly examine the Witnesses in the Court, yet not excluding the Jury, who of right may, and where they see cause, ought to ask them any necessary questions, which undoubtedly they may lawfully do with modesty and discretion, without begging any leave. For if asking leave be necessary, it implies in the Court a right when they lift to deny it; and how then shall the Jury know the truth? And since we see that Council, who too often ( Pudet hæc opprobria nobis ) for their fees strive only to baffle Witnesses, and stifle Truth, take upon them daily to interrogate the evidence, 'tis absurd to think that the Jurors should not have the same priviledg, who are upon their Oaths, and proper Judges of the matter. 5. As a discreet and lawful Assistant to the Jury, they do often recapitulate and sum up the heads of the Evidence; but the Jurors are still to consider whether it be done truly, fully and impartially, (for one mans memory may sooner fail than Twelve's.) Vaughan's Reports in Bushell's Case. fol. 144. He may likewise state the Law to them, that is, deliver his opinion where the case is difficult, or they desire it. But since Ex facto jus oritur , all matter of Law arises out of matter of Fact, so that till the Fact is setled there is no room for Law, therefore all such discourses of a Judg to a Jury are or ought to be Hypothetical, not coercive; conditional, and not positive; viz. If you find the fact thus or thus, (still leaving the Jury at liberty to find as they see cause) then you are to find for the Plaintiff. But if you find the Fact thus or thus, then you are to find for the Defendant, or the like, Guilty, or not guilty, in cases Criminal. Lastly, They are to take the Verdict of the Jury, and thereupon to give judgment according to Law. For the office of a Judg (as Cook well observes) is jus dicere , not jus dare ; not to make any Laws by strains of wit, or forced Interpretations; but plainly and impartially to declare the Law already establisht. Nor can they refuse to accept the Juries Verdict when agreed: For if they should, and force the Jury to return, and any of them should miscarry for want of modation it would undoubtedly be murder; and in such case the Jury may without crime force their liberty, because they are illegally confined, having given in their Verdict, and thereby honestly discharged their office, and are not to be starv'd for any mans pleasure. But I have been told, That a Jury is only Judg of naked matter of fact, and are not at all to take upon them to meddle with, or regard matter of Law, but leave it wholly to the Court. 'Tis most true, Jurors are Judges of matters of Fact, that is their proper Province, their chief business; but yet not excluding the consideration of matter of Law, as it arises out of, or is complicated with, and influences the Fact. For to say, they are not at all to meddle with, or have respect to Law in giving their Verdicts, is not only a false position, and contradicted by every days experience; but also a very dangerous and pernicious one, tending to defeat the principal end of the Institution of Juries, and so subtilly to undermine that which was too strong to be batter'd down. 1. It is false: for though the direction as to matter of Law separately may belong to the Judg, and the finding the matter of Fact does peculiarly belong to the Jury, yet must your Jury also apply matter of Fact and Law together; and from their consideration of, and a right judgment upon both, bring forth their Verdict: For do we not see in most General issues, as upon not guilty, pleaded in trespass, breach of the peace, or Felony, though it be matter in Law whether the party be a trespasser, a breaker of the Peace, or a Felon; yet the Jury do not find the Fact of the case by it self, leaving the Law to the Court; but find the party guilty, or not guilty, generally. So as though they answer not to the question singly, what is Law; yet they determine the Law in all matters where Issue is join'd. So likewise is it not every days practise, that when persons are Indicted for murther, the Jury does not only find them guilty or not guilty, but many times upon hearing and weighing of circumstances, brings them in, either guilty of Murther, Manslaughter, per Infortunitus , or se-defendendo , as they see cause. Now do they not herein complicately resolve both Law and Fact? And to what end is it that when any person is prosecuted upon any Statute, the Statute it self is usually read to Jurors, but only that they may judg. Whether or no the matter be within that Statute? But to put the business out of doubt, we have the suffrage of that Oracle of Law Littleton, who in his Tenures, Sect. 368. declares, That if a Jury will take upon them the knowledg of the law upon the matter, they may. Which is agreed to, likewise by Cook in his Comment thereupon. And therefore 'tis false to say, That the Jury hath not power, or doth not use frequently to apply the Fact to the Law; and thence taking their measures, judg of, and determine the crime or issue by their Verdict. 2. As Juries have ever been vested with such power by Law, so to exclude them from, or disseize them of the same, were utterly to defeat the end of their institution. For then if a person should be Indicted for doing any common innocent act, if it be but clothed and disguised in the Indictment with the name of Treason, or some other high crime, and prov'd by Witnesses to have been done by him; the Jury though satisfied in Conscience, that the Fact is not any such offence as 'tis called, yet because (according to this fond opinion) they have no power to judg of law, and the fact charged is fully prov'd, they should at this rate be bound to find him guilty. And being so found, the Judg may pronounce sentence against him, for he finds him a convicted Traytor, &c. by his Peers. And thus as a certain Physician boasted, That he had kill'd one of his Patients with the best method in the world; So here should we have an innocent man hang'd, drawn, and quarter'd, and all according to law. God forbid that any such thing should be practised; and indeed I do not very fully understand you. I do not say it ever hath been, and I hope it never will be practised: But this I will say, that according to this Doctrine, it may be; and consequently Juries may thereby be rendred rather a snare or engine of oppression, than any advantage or Guardian of our Legal Liberties against Arbitrary Injustice, and made meer properties to do the drudgery, and bear the blame of unreasonable Prosecutions. And since you seem so dull as not to perceive it, let us put an Imaginary case, not in the least to abet any irreverence towards his Majesty, but only to explain the thing, and shew the absurdness of this opinion. Suppose then a man should be Indicted, For that he as a false Traytor not having the fear of God before his eyes, &c. did trayterously, presumptuously against his Allegiance, and with an intent to affront his Majesties Person and Government, pass by such or such a Royal Statue or Effigies with his hat on his head, to the great contempt of His Majesty and his Authority, the evil example of others, against the Peace, and his Majesties Crown and Dignity. Being hereupon arraigned, and having pleaded Not guilty, suppose that sufficient evidence should swear the matter of Fact laid in the Indictment, viz. That he did pass by the Statue or Picture with his hat on; now imagine your self one of the Jury that were sworn to try him, What would you do in the matter? Do? Why I should be satisfied in my Conscience, That the man had not herein committed any crime, and so I would bring him in not Guilty. You speak as any honest man would do: But I hope you have not forgot the point we were upon; suppose therefore when you thought to do thus, the Court, or one of your Brethren, should take you up and tell you, That it was out of your power so to do; An ordinary Jury-man's wise Speech. For look ye (saith he) my Masters! we Jury-men are only to find matter of Fact, which being fully prov'd as in this case before us it is, we must find the party Guilty; whether the thing be Treason or not, does not belong to us to inquire; 'tis said so here, you see in the Indictment; and let the Court look to that, they know best, we are not Judges of Law: shall we meddle with niceties and punctilio's, and go contrary to the directions of the Court? So perhaps we shall bring our selves into a præmunire (as they say) and perhaps never be suffered to be Jury men again. No, no, The matter of Fact you see is proved, and that's our business, we must go according to our Evidence, we cannot do less: truly 'tis something hard, and I pity the poor man, but we cannot help it, &c. After these notable documents, what would you do now? I should not tell what to say to it; for I have heard several Ancient Jury-men speak to the very same effect, and thought they talk'd very wisely. Well then, would you consent to bring in the man Guilty? Truly I should be somewhat unwilling to do it; but I do not see which way it can be avoided, but that he must be found guilty of the Fact. God keep every honest body from such Jury-men; have you no more regard to your Oath? to your Conscience? to Justice? to the Life of a man? Hold! hold! perhaps we would not bring him in Guilty generally, but only Guilty of the Fact, Finding no more but Guilty of passing by the Statue with his Hat on. This but poorly mends the matter, and signifies little or nothing; For such a finding hath generally been refused by the Court, as being no Verdict, though 'tis said it was lately allowed somewhere in a Case that required favour. But suppose it were accepted, what do you intend shall become of the Prisoner? must not he be kept in Prison til all the Judges are at leisure and willing to meet and argue the business? Ought you not, and what Reason can you give why you should not absolutely acquit and discharge him? Nay, I do aver, you are bound by your Oaths to do it, by saying with your mouths to the Court, what your Consciences cannot but dictate to your selves, Not Guilty: For pray consider, Are you not sworn, That you will well and truly Try, and true deliverance make? There's none of this Story of matter of Fact, distinguisht from Law in your Oath. But you are, Well, That is, Fully and Truly, that is Impartially, to try the Prisoner. So that if upon the Consciences, and the best of the Understanding by what is proved against him, you find he is guilty of that Crime wherewith he stands charged, that is, deserving Death, or such other Punishment as the Law inflicts upon an Offence so denominated; then you are to say, he is Guilty. But if you are not satisfied, that either the Act he has committed was Treason, or other Crime, (though it be never so often called so) or that the Act it self, if it were so criminal, was not done, then what remains but that you are to acquit him? For the end of Juries is to preserve Men from oppression, which may happen as well by imposing or ruining them for that as a Crime, which indeed is none, or at least not such or so great as is pretended, as by charging them with the Commission of that which in truth was not committed. And how do you well and truly Try, and true Deliverance make, when indeed you do but deliver him up to others to be Condemned, for that which your selves do not believe to be any Crime? Well; but the supposed Case is a Case unsupposable. It is not to be imagined, that any such thing should happen, nor to be thought, that the Judges will condemn any Man, though brought in Guilty by the Jury, if the Matter in it self be not so Criminal by Law. 'Tis most true, I do not believe that ever that Case will happen. I put it in a thing of apparent Absurdity, that you might the more clearly observe the unreasonableness of this Doctrine; but withal I must tell you, That 'tis not impossible that some other Cases may really happen, of the same or the like nature, though more fine and plausible. And though we apprehend not, that during the Reign of His Majesty that now is, (whose Life God long preserve) any Judges will be made that would so wrest the Law; Yet what Security is there, but that some Successors may not be so cautious in their Choice? And though our Benches of Judicature be at present furnish'd with Gentlemen of great Integrity, yet there may one day happen some Tresilian, or Kinsman of Empsons, to get in, (for what has been, may be) who Empson-like, shall pretend it to be for his Masters Service, to encrease the number of Criminals, that his Coffers may be fill'd with Fines and Forfeitures. And then such mischiefs may arise. And Juries having upon confidence parted with their just Priviledges, shall then, too late, strive to reassume them, when the number of Ill-presidents shall be vouched to inforce that as of Right, which in truth was at first a Wrong grounded on Easiness and Ignorance. Had our wise and wary Ancestors thought fit to depend so far upon the Contingent Honesty of Judges, they needed not to have been so zealous to continue the usage of Juries. Yet still I have heard, that in every Indictment, or Information, there is always something of Form or Law, and something else of Fact; and it seems reasonable, that the Jury should not be bound up nicely to find every Formality therein expressed, or else to acquit (perhaps) a notorious Criminal. But if they find the Essential Matter of the Crime, then they ought to find him Guilty. You say true, and therefore must note, that there is a wide difference to be made between Words of Course, rais'd by Implication of Law, and Essential Words, that either make, or really aggravate the Crime charged. The Law does suppose and imply every Trespass, Breach of the Peace, every Felony, Murder, or Treason to be done Vi et Armis , with Force and Arms, &c. Now if a Person be Indicted for Murder by Poison, and the Matter proved, God forbid the Jury should scruple the finding him Guilty upon the Indictment, meerly because they do not find that part of it, as to Force and Arms, proved. For that is implyed as a necessary or allowable Fiction of Law. But on the other side, when the Matter in Issue in it self, and taken as a naked Proposition, is of such a Nature, as no Action, Indictment, or Information will lie for it singly, but it is work'd up by special Aggravations into Matter of Damage or Crime; as that it was done to scandalize the Government, to raise Sedition, to affront Authority, or the like, or with such or such an evil intent. If these Aggravations, or some overt Act to manifest such ill Design or Intention be not made out by Evidence, then ought the Jury to find the Party Not Guilty; for example. Bishop Latimer, (afterwards a Martyr in bloody Queen Maries days, for the Protestant Religion) in a Sermon preached before the most excellent King Edward the sixth delivered these words. See Latimers Sermons fo. 41. the second Sermon before King Edward the sixth. "I must desire your Grace to hear Poor Mens Suits your self; the Saying is now, That Money is heard every where; if he be Rich, he shall soon have an end of his Matter, others are fain to go home with weeping Tears for any help they can obtain at any Judges Hand. Hear Mens Suits your self, I require you in Gods behalf, and put them not to the Hearing of these Velvet-Coats, these Up-skips. Amongst all others, one especially moved at this time to speak; This it is, Sir! A Gentlewoman came and told me, that a Great Man keepeth certain Lands of hers from her, and will be her Tenant in spight of her Teeth. And that in a whole Twelve-month she could not get but one day for the Hearing of her Matter, and the same day, when it should be heard, the Great Man brought on his side a great sight of Lawyers for his Counsel, the Gentlewoman had but one Man of Law, and the Great Man shakes him so, that he cannot tell what to do; for that when the Matter came to the Point, the Judge was a means to the Gentlewoman, that she should let the Great Man have a quietness in her Land: I beseech your Grace, that ye would look to these Matters. And you proud Judges! Hearken what God saith in his Holy Book; Audite illos ita parvum ut magnum , Hear them (saith he) the Small as well as the Great, the Poor as well as the Rich, regard no Person, fear no Man. And why? Quia Domini Judicium est , The Judgment is Gods. Mark this Saying, thou proud Judge, The Devil will bring this Sentence against thee at the Day of Doom. Hell will be full of these Judges, if they repent not, and amend, they are worse than the wicked Judge that Christ speaketh of Luke the 19th, that neither feared God nor the World. Our Judges are worse than this Judge was; for they will neither hear Men for God's sake, nor fear of the World, nor Importunateness, nor any thing else; yea some of them will command them to ward if they be importunate. I heard say, That when a Suiter came to one of them, he said, What fellow is it that giveth these folks counsel to be so importunate? he deserves to be Punished and Committed to Prison! ward. Marry sir! punish me then, It is even I that gave them Counsel, I would gladly be punished in such a Cause, and if you amend not, I will cause them to cry out upon you still, even as long as I live. These are the very words of that good Bishop and Martyr Father Latimer. Truly they are somewhat Bold, but I think very Honest ones. But what signify they to our discourse? Only this, suppose the Judges of those times, thinking themselves agrieved by such his Freedom, should have brought an Indictment against him, setting forth, that falsly and maliciously intending to scandalize the Government and the Administration of Justice in this Realm, and to bring the same into Contempt, he did speak, publish and declare the false and scandalous words before recited. I conceive the Judges had more Wit than to trouble themselves about such a Business. That's nothing to the purpose, but suppose I say by them or any body else, it had been done, and his speaking the words had been proved, and you had then been Living and one of the Jury. I would have pronounced him not Guilty, and been starv'd to Death before I would have consented to a contrary Verdict, Because the words in themselves are not Criminal, nor reflecting upon any particulars, and as for what is supposed to be laid in the Indictment or Information, that they were published or spoken to scandalize the Government and the Administration of Justice, or to bring the same into Contempt, nothing of that appears. You resolve as every Honest, Understanding, Conscientious man would do in the like Case, for when a man is Prosecuted for that which in it self is no Crime, how dreadfully soever it may be set out, as the Inquisitors in Spain use to Cloath Innocent Protestants, whom they Censure to the flames, with Sambenito's (Garments all over bepainted with Devils) that the people beholding them in so Hellish a dress, may be so far from pitying them, that they may rather Condemn them in their thoughts as Miscreants not worthy to Live, though in truth they know nothing of their Cause, yet I say notwithstanding any such Bugg-bear Artifice, an Innocent man ought to be Acquitted, and not he and his Family ruined and perhaps utterly undone, for words or matters harmless in themselves, and possibly very well intended, but only rendred Criminal by being thus hideously dressed up, and wrested with some far-fetch'd, forced and odious Construction. This is a matter well worthy the Consideration of all Juries, for indeed I have often wondred to observe the Adverbs in Declarations, Indictments and Informations in some Cases to be harmless Vinegar and Pepper, and in others Henbane steep'd in Aqua fortis . That may easily happen, where the Jury does not distinguish Legal Implications, from such as Constitute, or materially Aggravate the Crime, for if the Jury shall honestly refuse to find the latter in Cases where there is not direct proof of them, viz. That such an Act was done Falsly, Scandalously, Maliciously, with an intent to raise Sedition, defame the Government, or the like, their mouths are not to be stopt, nor their Consciences satisfied with the Courts telling them You have nothing to do with that, its only matter of Form or matter of Law, you are only to examine the Fact, whether he spoke such words, writ or sold such a Book or the like; For, now if they should ignorantly take this for an Answer and bring in the Prisoner Guilty, though they mean and intend of the naked Fact or bare Act only, yet the Clerk Recording it, demands a further Confirmation, saying to them thus, well then you say A.B. is Guilty of the Trespass or Misdemeanour in manner and form as he stands Indicted and so you say all, to which the Foreman Answers for himself and his fellows Yes. Whereupon the Verdict is drawn up Juratores super Sacramentum suum dicunt , &c. The Jurors do say upon their Oaths, that A.B. maliciously, in Contempt of the King and the Government, with an intent to scandalize the Administration of Justice, and to bring the same into Contempt or to raise Sedition &c. (As the words before were laid) spake such Words, publisht such a Book, or did such an Act, against the Peace of our Lord the King his Crown and Dignity. Dictum Thus a Verdict, so called in Law, quasi veritatis , because it ought to be the Voice or Saying of Truth it self, may become composed in its material part of Falshood. Thus Twelve men ignorantly drop into a Perjury. And will not every conscientious man tremble to pawn his Soul under the sacred and dreadful solemnity of an Oath, to attest and justifie a Lie upon Record to all Posterity; besides the wrong done to the Prisoner, who thereby perhaps comes to be hang'd (and so the Jury in foro conscientiæ are certainly guilty of his Murther) or at least by Fine or Imprisonment) undone with all his Family, whose just Curses will fall heavy on such unjust Jurymen and all their Posterity, that against their Oaths and Duty occasion'd their causeless misery. And is all this think you nothing but a matter of Formality? Yes really, a matter of Vast Importance and sad Consideration; yet I think you charge the mischiefs done by such Proceedings a little too heavy upon the Jurors; Alas good men! They mean no harm, they do but follow the directions of the Court, if any body ever happen to be to blame in such Cases it must be the Judges. Yes, forsooth! That's the Jury-mens common-plea, but do you think it will hold good in the Court of Heaven? 'Tis not enough that we mean no harm, but we must do none neither, especially in things of that moment, nor will Ignorance excuse, where 'tis affected, and where duty obliges us to Inform our selves better, and where the matter is so plain and easie to be understood. As for the Judges they have a fairer plea than you, and may qickly return the Burthen back upon the Jurors, for we, may they say, did nothing but our duty according to usual Practise, the Jury his Peers had found the Fellow Guilty upon their Oaths of such an Odious Crime, and attended with such vile, presumptions, and dangerous Circumstances. They are Judges, we took him as they presented him to us, and according to our duty pronounced the Sentence, that the Law inflicts in such Cases, or set a Fine, or ordered Corporal punishment upon him, which was very moderate, Considering the Crime laid in the Indictment or Information, and of which they had so sworn him Guilty; if he were innocent or not so bad as Represented, let his Destruction lye upon the Jury &c. At this rate if ever we should have an unconscionable Judge, might he Argue; And thus the Guilt of the Blood or ruin of an Innocent man when 'tis too late shall be Bandyed to and fro, and shuffled off from the Jury to the Judge, and from the Judge to the Jury, but really sticks fast to both, but especially on the Jurors; because the very end of their Institution was to prevent all dangers of such oppression, and in every such Case, they do not only wrong their own Souls, and irreparably Injure a particular Person, but also basely betray the Liberties of their Countrey in General, for as without their ill-complyance and Act no such mischief can happen; so by it, ill precedents are made, and the Plague is encreased, honester Juries are disheartned or seduc'd by Custome from their Duties, just Priviledges are lost by disuser, and perhaps within a while some of themselves may have an hole pickt in their Coats, and then they are Tryed by another Jury just as wise and honest, and so deservedly come to smart under the Ruinating Effects and Example of their own Folly and Injustice. You talk of Folly, and blame Jury-men, when indeed they cannot help it, they would sometimes find such a Person Guilty, and such an one Innocent, and are perswaded they ought so to do, but the Court over-rules, and forces them, to do otherwise. How I pray? How? Why, did you never hear a Jury threatned to be Fined and Imprisoned, if they did not comply with the Sentiments of the Court? I have Read of such doings, but I never heard, or saw it done, and indeed I do not doubt but our Seats of Justice are furnisht with both better men, and better Lawyers, than to use any such Menaces or Duress, for undoubtedly 'tis a base and very Illegal Practise. But however will any man that fears God, nay that is but an honest Heathen debauch his Conscience, and forswear himself, do his Neighbour Injustice, betray his Countreys Liberties, and consequently enslave himself and his Posterity, and all this meerly because he is Hector'd and threaten'd a little? I know it should not sway with any, but alas, a Prison is terrible to most men, whatever the Cause be; And the Fine may be such, if one shall refuse to comply, as may utterly ruin ones Family. Fright not your self, there is no cause for this Aguefit, to shake your Conscience out of Frame; if you are Threatned tis but Brutum Fulmen , Lightning without a Thunderbolt, nothing but big words, for it is well known That there is never a judge in England that can Fine or Imprison any Jury-man in such a Case. Good Sir! I am half asham'd to hear a Barrister talk thus; have not some in our memory been Fin'd and Imprison'd? And sure that which has actually been done is not altogether Impossible. Your Servant Sir! Under favour of your mighty Wisdom and Experience, when I said no Judge could do it, I spake the more like a Barrister, for tis a Maxim in Law Id possumus quod Jure possimus . A man is said to be Able to do only so much, as he may Lawfully do. But such Fining or Imprisoning cannot Lawfully be done; the Judges have no Right or Power by Law to do it, and therefore it may well be said, they cannot, or are not able to do it. And whereas you say, that some Juries in our Memory have been Fined and imprisoned, you may possibly say true, But tis as true that it hath been only in our Memory, for no such thing was practised in Antient times, for so I find it asserted by a late Learned Judge Lord Chief Justice Vaughan in his Reports. fol. 146 in these possitive words; No case can be offered, either before Attaints granted in General, or after, that ever a Jury was punisht by Fine and Imprisonment by any Judge, for not finding according to their evidence and his direction, until Pophams time, nor is there clear proof, that he ever Fined them for that Reason, separated from other Misdemeanours. And Fol, 152 he Affirms That no man can shew, that a Jury was ever punisht upon an Information either at Law or in the Star-Chamber, where the Charge was only for finding against their Evidence, or giving an untrue Verdict, unless Imbracery, Subornation, or the like were joyn'd. So that you see, the Attempt is an Innovation as well as unjust, a thing unknown to our Fore-fathers and the Antient Sages of the Law; and therefore so much the more to be watcht against, resisted and suppressed, whilst young, lest in time this crafty Cockatrices Egg hatcht and fosterd by Ignorance, and pusillanimous Compliance, grow up into a Serpent too big to be master'd, and so Blast and destroy the First-Born of our English Freedoms. And indeed (Blessed be God) it hath hitherto been rigorously opposed as often as it durst Crawl abroad, being Condemned in Parliament and knockt o'th head by the Resolutions of the Judges upon solemn Argument. As by and by I shall demonstrate. Well, but are Iurors not liable then to Fine or Imprisonment in any Case whatsoever. Now you run from the Point; we were talking of giving their Verdict, and you speak of any Case whatsoever. Whereas you should herein observe a necessary distinction, which I shall give you in the words of that Learned Iudge last Cited Vaughan Rep. fo. 152. Much of the Office of Jurors in order to their Verdict is Ministerial; as not withdrawing from their Fellows after they are Sworn, not receiving from either side Evidence not given in Court; Not eating and drinking before their Verdict; Refusing to give a Verdict, &c. Wherein if they Transgress they may be finable. But the Verdict it self, when given, is not an Act Ministerial, but Judicial and (supposed to be) according to the best of their Judgment, for which they are not Finable, nor to be punisht but by Attaint; that is, by another Jury, in Cases where an Attaint lies, and where it shall be found that Wilfully they gave a Verdict false and Corrupt. Now that Iuries otherwise, are in no Case punishable, nor can (for giving their Verdict according to their Consciences and the best of their Judgment) be Legally Fined or Imprisoned by any Iudge on Colour of not going according to their Evidence, or finding contrary to the directions of the Court, is a truth both founded on unanswerable Reasons and Confirmed by irrefragable Authorities. Those I would gladly hear. They are many, but some of the most evident are these that follow. As for Reasons. 1. A Iury ought not to be Fined or Imprisoned, because they do not follow the Iudges directions, for if they do follow his direction, they may yet be Attainted, and to say they gave their Verdict according to his directions is no Barr, but the Iudgment shall be revers'd and they punisht for doing that, which if they had not done, they should (by this Opinion) have been Fined and Imprisoned by the Iudge, for not doing it. Which is Unreasonable. 2. If they do not follow his direction, and be therefore Fined, yet they may be Attainted, and so they should be doubly punisht by distinct Iudicatures for the same Offence, which the Common Law never admits. 3. To what end is the Jury to be return'd out of the Vicinage (that is, the neighbourhood) whence the issue ariseth? To what end must Hundredors be of the Jury, whom the Law supposeth to have nearer knowledge of the Fact than those of the Vicinage in general? To what end are they challeng'd so scrupulously to the Array and Pole? to what end must they have such a certain Freehold, and be Probi & legales homines , and not of Affinity with the Parties concerned? &c. If after all this they implicitly must give a Verdict by the Dictates and Authority of another Man, under pain of Fines and Imprisonment, when sworn to do it according to the best of their own knowledge; a Man cannot see by anothers Eye, nor hear by anothers Ear, no more can a Man conclude or infer the thing to be resolved by anothers understanding or reasoning, unless all Mens understandings were equally alike; and if meerly in compliance because the Iudge says thus or thus, a Iury shall give a Verdict, though such their Verdict should happen to be right, true, and just, yet they being not assured it is so from their own understanding, are forsworn, at least in Foro Conscientiæ . 4. Were Jurors so finable, then every Major and Bailiff of Corporations, all Stewards of Leets, Justices of Peace, &c. whatever Matters are try'd before them, shall have Verdicts to their minds, or else Fine and Imprison the Jurors till they have; so that such must be either pleased, humored, or gratified, else no Justice or Right to be had in any Court. 5. Whereas a Person by Law may Challenge the Sheriff or any Jury-man, if of Kin to his Adversary, yet he cannot challenge a Major, Recorder, Justice, &c. who 'tis possible will have a Verdict for their Kinsman, or against their Enemy, or else Fine and Imprison the Jury till they have obtained it; so that by this means our Lives, Liberties, and Properties shall be solely tryed by, and remain at the Arbitrary dispose of every mercenary or corrupted Justice, Major, Bailiff, or Recorder, if any such should at any time get into Office. 6. 'Tis unreasonable that a Jury should be Finable on pretence of their going against their Evidence, because it can never be Tryed whether or no in truth they did find with or against their Evidence, by reason no Writ of Error lies in the Case. 7. Were Jury-men liable to such Arbitrary Fines, they should be in a worse condition than the Criminals that are tryed by them; for in all Civil Actions, Informations, and Indictments, some Appeals, or Writs of false Judgment, or of Error, do lie into Superior Courts to try the regular Proceedings of the Inferior. But there can be no After-Tryal or Examination, but the Jury-man (if Fining at all were lawful) must either pay the Fine, or lie by it, without remedy, to decide whether in his particular Case he were legally Fined or not. 8. Without a Fact agreed, it is as impossible for a Judge or any other to know the Law, relating to that Fact, or direct concerning it, as to know an Accident that hath no Subject; for as where there is no Law, there is no Transgression, so where there is no Transgression, there is no place for Law; for the Law (saith Divine Authority) is made for the Transgressor. And as Cook tells us, Ex facto Jus oritur , upon stating the Fact or Transgression matter of Law doth arise, or grow out of the Root of the Fact. Now the Jury being the sole Judges of Fact, and Matter in Issue before them, not finding the Fact on which the Law should arise, cannot be said to find against Law, which is no other than a Superstructure on Fact; so that so say they have found against the Law, when no Fact is found, is absurd; an expression insignificant and unintelligible; for no Issue can be joyned of matter in Law, no Jury can be Charged with the Tryal of matter in Law barely, no Evidence ever was, or can be given to a Jury of what is Law, or not. Nor can any such Oath be given to, or taken by a Jury to try matter in Law, nor does an Attaint for such Oath, if false, &c. But if by finding against the Direction of the Court in matter of Law, shall be understood, that if the Judge having heard the Evidence given in Court, (for he can regularly know no other, though the Jury may) shall tell the Jury upon this Evidence, the Law is for the Plaintiff, or the Defendant, and the Jury are under pain of Fine and Imprisonment to Find accordingly; then 'tis plain the Jury ought of Duty so to do. Now if this were true, who sees not that the Iury is but a troublesome Delay, of great Charge, much Formality, and no real use, in determining right and wrong, but meer Ecchos to sound back the pleasure of the Court; and consequently that Tryals by them might be better abolish'd than continued? which is at once to spit Folly in the Faces of our Venerable Ancestors, and enslave our Posterity. 9. As the Iudge can never direct what the Law is in any Matter Controverted, without first knowing the Fact, so he cannot possibly know the Fact but from the Evidence which the Iury have; but he can never fully know what Evidence they have, for besides what is sworn in Court, (which is all that the Judge can know) the Jury being of the Neighbourhood, may, and oft-times do know something of their own knowledge, as to the Matter it self, the Credit of the Evidence, &c which may justly sway them in delivering their Verdict, and which self knowledge of theirs is so far countenanced by Law, that it supposes them capable thereby to try the Matter in Issue, (and so they must) though no Evidence were given on either side in Court. As when any Man is Indicted, and no Evidence comes against him, the Direction of the Court always is, You are to acquit him, unless of your own knowledge you know him Guilty; so that even in that Case they may find him Guilty without any Witnesses. Now, how absurd is it to think, that any Iudge has power to Fine a Iury for going against their Evidence, when he that so Fineth knoweth perhaps nothing of their Evidence at all, (as in the last Case) or at least but some part of it? For how is it possible he should lawfully punish them for that which it is impossible for him to know. Lastly, Is any thing more common, than for two Lawyers or Iudges to deduce contrary and opposite Conclusions out of the same Case in Law? And why then may not two Men infer distinct Conclusions from the same Testimony? And consequently may not the Judge and Jury honestly differ in their Opinion or Result from the Evidence, as well as two Iudges may, which often happens; and shall the Jury-men meerly for this difference of Apprehension merit Fine and Imprisonment, because they do that which they cannot otherwise do, preserving their Oath and Integrity? especially when by Law they are presum'd to know better and much more of the Business, than the Judge does as aforesaid. Are not all these gross contradicting Absurdities? and unworthy (by any Man that deserves a Gown) to be put upon the Law of England, which has ever own'd Right Reason for its Parent, and dutifully submitted to be guided thereby? If the Law, as you say, be Reason, then undoubtedly this Practice of Fining of Juries is most Illegal, since there cannot be any thing more unreasonable; But what Authorities have you against it? You have heard it proved to be a Modern up-start encroachment, so you cannot expect any direct or express Condemnation of it in Ancient Times, because the thing was not then set on Foot. And by the way, though Negative Arguments are not necessarily conclusive, yet that we meet with no Precedents of old of Iuries Fined, for giving their Verdict contrary to Evidence, or the Sense of the Court, is a violent presumption, that it ought not to be done; for it cannot be supposed, that this latter Age did first of all discover, that Verdicts were many times not according to the Iudges Opinion and Liking. Undoubtedly they saw that as well as we; but knowing the same not to be any Crime, or punishable by Law, were so Modest and Honest as not to meddle with it. However, what entertainment it hath met with when attempted in our Times, I shall shew you in two remarkable Cases. 1. When the late Lord Chief Iustice Keeling had attempted something of that kind, it was complained of, and highly resented by the then Parliament; as appears by this Copy of their Proceedings thereupon taken out of their Journal, as follows. Die Mercurii 11. Decembris 1667. The House resumed the Hearing of the rest of the Report touching the matter of Restraint upon Juries, and that upon the Examination of divers Witnesses in several Cases of Restraints put upon Iuries by the Lord Chief Iustice Keeling, and thereupon Resolved as followeth. First, That the Proceedings of the said Lord Chief Iustice in the Cases now Reported are Innovations in the Tryal of Men for their Lives and Liberties. And that he hath used an Arbitrary and Illegal Power, which is of dangerous Consequence to the Lives and Liberties of the People of England, and tends to the introducing of an Arbitrary Government. Secondly, That in the Place of Iudicature the Lord Chief Iustice hath undervalued, vilified, & contemned Magna Charta, the great Preserver of our Lives, Freedom, and Property. Thirdly, That he be brought to Tryal in order to condign Punishment, in such manner as the House shall judge most fit and requisite. Die Veneris 13. Decembris 1667. Resolved, &c. That the Precedents and Practice of Fining or Imprisoning of Iurors for giving their Verdicts, is Illegal. Here you see it Branded in Parliament: Next you shall see it formally condemn'd on a solemn Argument by the Judges. The Case thus. The Sum of the Case of Bushel, and the rest of Mr. Pen and Mr. Meads Jury. At the Sessions for London Sept. 1670. William Pen, and William Mead (two of the People commonly called Quakers) were Indicted, for that they with others, to the number of 300, on the 14th Aug. 22. Regis, in Gray-Church-Street, did with Force and Arms, &c. unlawfully and tumultuously assemble and congregate themselves together to the disturbance of the Peace; and that the said William Pen did there Preach and speak to the said Mead and other Persons in the open Street; by reason whereof a great Concourse and Tumult of People in the Street aforesaid then and there a long time did remain and continue, in contempt of our said Lord the King, and of His Law, to the great disturbance of his Peace, to the great Terror and disturbance of many of His Liege People and Subjects, to the ill example of all others in the like Case Offenders, and against the Peace of our said Lord the King, His Crown and Dignity. The Prisoners Pleading Not Guilty, it was proved, that there was a Meeting at the time in the Indictment mentioned, in Gray-Church-Street, consisting of three or four hundred People, in the open Street, that William Pen was Speaking or Preaching to them, but what he said the Witnesses (who were Officers and Soldiers sent to disperse them) could not hear. Note, that the Quakers have a Meetinghouse in that Street, out of which they were then kept by Soldiers, and therefore they met as near to it as they could in the open Street. This was the effect of the Evidence; which Sir John Howel, the then Recorder, (as I find in the Print of that Tryal P. 14) was pleased to sum up to the Iury, in these words. "You have heard what the Indictment is, 'tis for Preaching to the People in the Street, and drawing a Tumultuous Company after them, and Mr. Pen was speaking; if they should not be disturb'd, you see they will go on, there are three or four Witnesses that have proved this, that he did Preach there, that Mr. Mead did allow of it. After this you have heard by substantial Witnesses what is said against them; Now we are upon the Matter of Fact, which you are to keep to, and observe, as what hath been fully sworn, at your peril. This Tryal begun on the Saturday; the Jury retiring, after some considerable time spent in debate, came in, and gave this Verdict, Guilty of Speaking in Gray-Church-Street. At which the Court was offended, and told them, they had as good say nothing; Adding, Was it not an unlawful Assembly? you mean he was speaking to a Tumult of People there. But the Foreman saying, what he had delivered was all he had in Commission, and others of them affirming, That they allowed of no such word as an unlawful Assembly in their Verdict, They were sent back again, and then brought in a Verdict in writing, subscribed with all their Hands, in these words. We the Jurors hereafter named do find William Pen to be Guilty of Speaking or Preaching to an Assembly met together in Gray-Church street the 14th of Aug. 1670. And William Mead not Guilty of the said Indictment. Note, though this Jury for their excellent example of courage and constancy deserve the commendation of every good English-man, yet if they had been better advis'd, they might have brought the Prisoners in Not Guilty at first, saved themselves the trouble and inconveniences of these two Nights Restraint. This the Court resented still worse, and therefore sent them back again, and Adjourned till Sunday morning, but then too they insisted on the same Verdict, so the Court Adjourned till Monday morning; and then the Jury brought in the Prisoners generally Not Guilty, which was Recorded, and allowed of. But immediately the Court fined them Forty Mark a Man, and to lie in Prison till paid. Being thus in Custody, Edw. Bushel, one of the said Iurors, on the 9th of Nov. following brought his Habeas Corpus in the Court of Common-Pleas. On which the Sheriffs of London made Retorn, That he was detained by vertue of an Order of Sessions, whereby a Fine of forty Marks was set upon him and eleven others particularly named, and every of them being Iurors sworn to try the Issues joyned between the King, and Pen, and Mead, for certain Trespasses, Contempts, unlawful Assemblies and Tumults, and who then and there did acquit the said Pen and Mead of the same, against the Law of this Kingdom, and against full and manifest Evidence, and against the direction of the Court in matter of Law of Law of and upon the Premises openly in Court to them given and declared; and that it was ordered they should be imprisoned till they severally paid the said Fine, which the said Bushel not having done, the same was the cause of his Caption and Detention. See Bushels Case in Vaughans Reports at large. The Court coming to debate the validity of this Retorn, adjudged them same insufficient; for 1. The Words, Against full and manifest Evidence, was too general a Cause; the Evidence should have been fully and particularly recited, else how shall the Court know it was so full and evident; they have now only the Iudgment of the Sessions for it, that it was so; but, said the Iudges, Our Judgment ought to be Grounded upon our own Inferences and Understandings, and not upon theirs. 2. It is not said, that they acquitted the Persons Indicted against full and manifest Evidence, corruptly and knowing the said Evidence to be full and manifest, for otherwise it can be no Crime; for that may seem full and manifest to the Court, which does not appear so to the Iury. 3. The other part of the Return, viz. That the Iury had acquitted those Indicted, against the direction of the Court in matter of Law, was also adjudged to be naught, and unreasonable, and the Fining of the Juries for giving their Verdict in any Case concluded to be illegal, for the several Reasons before recited, and other Authorities of Law urged to that purpose; and all the Precedents and Allegations brought to justify the Fine and Commitment solidly answered; whereupon the Chief Iustice delivered the Opinion of the Court, That the Cause of Commitment was insufficient; and accordingly the said Bushel, and other his Fellow-prisoners, were discharged, and left to the Common Law for Remedy and Reparaton of the Damages by that tortious illegal Imprisonment sustained. Which Case is (amongst others) Reported by that Learned Iudge Sir John Vaughan, at that time Lord Chief Iustice of the Common-Pleas, setting forth all the Arguments, Reasons, & Authorities on which the Court proceeded therein; from which I have extracted most of the Reasons which before I recited for this Point, & for the greatest part in the very words of that Reverend Author. This Resolution hath, one would think (as you said) knock'd this Illegal Practice on the Head, beyond any possibility of Revival, but may it not one day be denied to be Law, and the contrary justified? No such thing can be done without apparent violating and subverting all Law, Justice and Modesty; for though the Precedent it self be valuable, and without further inquiry is wont to be allowed, when given thus deliberately upon solemn debate by the whole Court; yet 'tis not only that, but the sound substantial and everlasting Reasons, whereon they grounded such their Resolves, that will at all times Justify Fining of Iuries in such Cases to be Illegal; besides, as the Reporter was most considerable, both in his Quality as Lord Chief Justice, and for his Parts, soundness of Iudgment, and deep Learning in the Law; so such his Book of Reports is approved and recommended to the World, (as appears by the Page next after the Epistle) by the Right Honourable the present Lord Chancellor of England, Sir William Scroggs, now Lord Chief Iustice of England, my Lord North, Chief Iustice of the Common-Pleas; and in a word, by all the Iudges of England at the time of Publishing thereof; so that it cannot be imagined how any Book can challenge greater Authority, unless we should expect it to be particularly confirm'd by Act of Parliament. You have answered all my Scruples, and since I see the Law has made so good Provision for Jury-mens priviledges and safety, God forbid any Jury-man should be of so base a temper, as to betray that (otherwise) impregnable Fortress wherein the Law hath plac'd him, to preserve and defend the just Rights and Liberties of his Country, by treacherously surrendering the same into the hands of Violence or Oppression, though maskt under never so fair Stratagems and Pretences; for my own part, I shall not now decline to appear according to my Summons, and therefore (though I fear I have detained you too long already) shall desire a little more of your direction about the Office of a Jury-man, in particular that I may uprightly and honestly discharge the same. Though I think from what we have discours'd being digested and improv'd by your own Reason, you may sufficiently Inform your self, yet to gratifie your request, I shall add a few brief Remarques, as well of what you ought cautiously to avoid, as what you must diligently pursue and regard if you would justly and truly do your duty. First, as to what you must avoid. 1. I am very Confident, that you would not willingly violate the Oath which you take, but 'tis possible that there are such who as frequently break them, as take them, through their careless custome on the one hand, or slavish fear on the other, against which I would fully caution you; that you may defend your self and others, against any Enemies of your Countreys Liberties and happiness, and keep a good Conscience towards God and towards man. 2, 'Tis frequent, that when Juries are withdrawn that they may consult of their Verdict, they soon forget that Solemn Oath they took, and that mighty Charge of the Life and Liberty of men, and their Estates, whereof then they are made Judges, and on their Breath not only the Fortunes of the particular Party, but perhaps the preservation or Ruin of several Numerous Families does Solely depend, now I say without due Consideration of all this, nay sometimes without one serious thought, or Consulted Reason offered Pro, or Con, presently the Fore man or one or two that call themselves Antient Jury-men (though in truth they never knew what belongs to the place more than a common School-Boy) rashly deliver their Opinions and all the rest in respect to their supposed Gravity and Experience, or because they have the biggest Estates, or to avoid the trouble of disputing the Point, or to prevent the spoiling of Dinner by delay, or some such weighty Reason, forthwith agree blind fold, or else go to holding up of hands or telling of Noses, and so the Major Vote carries away Captive both the Reason and Consciences of the rest. Thus trifling with Sacred Oaths, and putting mens Lives, Liberties and Properties (as it were) to the hap-hazard of Cross or Pile; This Practise or something of the like kind, is said to be too Customary amongst some Jurors, which occasions such their extraordinary dispatch of the weightiest or most Intricate matters, but there will come a time when they shall be called to a severe Account for their Hast and Negligence, therefore have a care of such Fellow-Jurors. 3. Such a Slavish Fear attends many Jurors, that let the Court but direct to find Guilty, or not Guilty, though they themselves see no just Reason for it, yea oft-times though their own Opinions are contrary, and their Consciences tell them it ought to go otherwise; yet, right or wrong accordingly they will bring in their Verdict; and therefore many of them never regard seriously the course and force of the Evidence, what and how it was delivered more or less to prove the Indictment, &c. But as the Court Sums it up, they find; as if Juries were appointed for no other purpose but to Eccho back, what the Bench would have done; such a base temper is to be avoided, as you would escape being Forsworn, even though your Verdict should be right; for since you do not know it so to be by your own Judgment or Understanding, you have abused your Oath and hazarded your own Soul as well as your Neighbours Life Liberty or Property, because you blindly depend on the opinion or perhaps passion of others, when you were Sworn well and truly to try them your selves. Such an implicite Faith is near of Kin to that of Rome in Religion, and (at least in the next degree) as dangerous. 4. There are some that make a Trade of being Jury-men that seek for the Office, use means to be constantly continued in it, will not give a disobliging Verdict lest they should be discharg'd and serve no more, these standing Jurors have certainly some ill game to play, there are others that hope to Signalize themselves to get a better Trade, or some Preferment by serving a Turn; there are others that have particular Piques and a humor of Revenge against such or such Parties, if a man be but miscall'd by some Odious name, or said to be of an exploded Faction streight they cry hang him, Find him Guilty, no punishment can be too bad for such a Fellow, in such a case they think it merit to Stretch an Evidence on the tenter-hooks, and strain a Point of Law because they fancy it makes for the Interest of the Government. As if Injustice or Oppression could in any case be for the true Interest of Government when in truth nothing more weakens or destroys it, but this was an old stratagem, if thou suffer this man to escape, thou shalt not be Cæsars Friend. When Cæsar was so far from either needing or thanking them for any such base Services, that had he but truly understood them, he would severely have punisht their Partiality and Tyranny. All these and the like pestilent Biases are to be avoided and abominated by every honest Jury-man. But now as to the positive Qualifications requisite. 1. You that are Jury-men should first of all seriously regard the weight and importance of the Office; your own Souls other mens Lives, Liberties, Estates, all that in this World are dear to them, are at Stake, and in your hands; therefore consider things well before-hand, and come substantially furnished and provided with sound and well-grounded Consciences, with clear minds, free from malice, fear, hope, or favour; lest instead of Judging others, thou shouldest work thy own Condemnation, and stand in the sight of God our Creator and Judge of all men, no better than a Murtherer, or Perjured Malefactor. 2. Observe well the Record, Indictment or Information that is read, and the several parts thereof, both as to the matter, manner, and form. 3. Take due notice and regard to the Evidence offered for Proof of the Indictment, and each part of it, as well to manner and form as matter; and if you suspect any Subornation, foul Practise, or tampering hath been with the witnesses, or that they have any malice or sinister design, have a special regard to the Circumstances or Incoherencies of their Tales, and endeavour by apt Questions to sift out the truth, or discover the Villainy. And for your better satisfaction endeavour to write down the evidence or the Heads thereof that you may the better Recall it to memory. 4. Take notice of the nature of the Crime charged, and what Law the Prosecution is grounded upon, and distinguish the supposed Criminal Fact which is proved, from the aggravating Circumstances which are not proved. 5. Remember that in Juries there is no Plurality of Voices to be allowed; 7 cannot over-rule or by vertue of Majority Conclude 5. no, nor 11, 1. But as the Verdict is given in the name of all the 12, or else it is void: So every one of them must be actually agreeing, and satisfied in his particular Understanding and Conscience, of the truth and Righteousness of such Verdict, or else he is forsworn; and therefore if one man differ in Opinion from his fellows, they must be kept together, till either they by strength of Reason or Argument can satisfy him, or he convince them. For he is not to be Hecktor'd, much less punisht by the Court into a Compliance; for as the L. Ch. Justice Vaughan says well, if a man differ in Judgment from his Fellows whereby they are kept a day and a night, though his dissent may not in truth be as reasonable as the Opinion of the rest that agree, yet if his Judgment be not satisfied, one disagreeing can be no more Criminal than four or five disagreeing with the rest. Rep. fol. 151. Upon which occasion the said Author recites a remarkable Case out of an antient Law-Book 41 Iss. p. 11. a Juror would not agree with his fellows for two days, and being demanded by the Judges, if he would agree, said, he would first die in Prison, whereupon he was Committed and the Verdict of the eleven taken, but upon better Advice, the Verdict of the eleven was Quasht, and the Juror discharged without Fine, and the Justices said the way was to carry them in Carts (this is to be understood at Assizes where the Judges cannot stay but must remove in such a time into another County) until they agreed, and not by Fining them. And as the Judges err'd in taking the verdict of Eleven, so they did in Imprisoning the Twelve. And therefore you see on second thoughts Releas'd him. 6, Endeavour as much as your Circumstances will permit at your spare Hours to Read and Understand the Fundamental Laws of the Country; such as Magna Charta, the Petition of Right, the late excellent Act for Habeas Corpus's, Horns Mirrour of Justices, Sir Edw. Cook in his 2d 3d and 4th parts of the Institutes of the Law of England, and Judge Vaughans Reports, these are Books frequent to be had, and of excellent use to inform any Reader of Competent Apprehension, of the true Liberties and Priviledges which every English man is Justly Intituled unto, and Estated in by his Birth-right, as also the nature of Crimes and the punishments severally and respectively Inflicted on them by Law, the Office and duties of Judges, Juries, and all Officers and Ministers of Justice, &c. Which are highly necessary for every Jury-man in some Competent measure to know, for the Law of England hath not placed Tryals by Juries to stand between men and Death or Destruction to so little purpose as to Pronounce men Guilty, without regard to the nature of the Offence, or to what is to be Inflicted thereupon. For want of truly understanding and considering these things, Juries many times plunge themselves into lamentable perplexities; as it befel the Jury who were the Tryers of Mr. Udal a Minister, who in the 32d year of Q. Eliz. was Indicted and Arraigned at Croydon in Surry, for HighTreason, for defaming the Queen and Her Government in a certain Book Intituled, A Demonstration of the Discipline, &c. And though there was no Direct, but a scambling Shadow of Proof, and though the Book duly considered contained no matter of Treason, but certain words which by a forced construction were laid to tend to the defamation of the Government, and so the thing prosecuted under that Name; yet the Jury not thinking that in pronouncing him Guilty, they had upon their Oath pronounced him Guilty of Treason, and to die as a Traitor; but supposing that they had only declared him Guilty of making the Book, hereupon they brought him in Guilty, but when after the Judges Sentence of Death against him (which they never in the least intended) they found what they had done, they were confounded in themselves, and would have done any thing in the world to have Revok'd that unwary pernicious Verdict, when, alas! it was too late. Dr. Fuller has this witty note on this witty Gentlemans Conviction, that is was Conceived rigorous in the greatest, which at best (saith he) is Cruel in the least Degree. And it seems so Queen Elizabeth thought it, for she suspended Execution, and he dyed naturally. But his Story survives to warn all Succeeding Jury-men to endeavour better to understand what it is they do, and what the Consequences thereof will be. 7. As there is nothing I have said intended to encourage you to partiality, or tempt any Jury-man to a Connivance at Sin and Malefactors, whereby those Pests of Society should avoid being brought to condign punishment, and so the Law cease to be a terror to evil-doers; which were in him an horrible Perjury, and indeed a foolish Pitty, or Crudelis misericordia , a Cruel Mercy; for he is highly injurious to the Good that absolves the Bad, when real Crimes are proved against them; so that I must take leave to say, That in Cases where the matter is dubious, both Lawyers and Divines prescribe rather favour than rigour; an eminent and learned Judge Fortescue, ca. 27. of our own has in this Advice and Wish gone before me, Mallem reverà viginti Facinorosos mortem pietate evadere, quam justum unum injuste condemnari. I verily (saith he) had rather twenty evil-doers should escape death through Tenderness or Pitty, than that one Innocent Man should be unjustly condemned. I shall conclude with that excellent Advice of my Lord Cook, In the Epilogue of his 4th Part of Institutes. which he generally addresses to all Judges, but may no less properly be applyed to Jurors. Fear not to do Right to all, and to deliver your [Verdicts] justly according to the Laws; for Fear is nothing but a betraying of the Succours that Reason should afford; and if you shall sincerely execute Justice, be assured of three Things. 1. Though some may malign you, yet God will give you his Blessing. 2. That though thereby you may offend Great Men and Favourites, yet you shall have the favourable Kindness of the Almighty, and be his Favourites. And lastly, That in so doing, against all scandalous Complaints and pragmatical Devices against you, God will defend you as with a Shield. For thou Lord wilt give a Blessing unto the Righteous, and with thy favourable Kindness wilt thou defend him as with a Shield. Psal. 5.15.

Law

The English-mans RIGHT, &c.

The English-mans right. A dialogue between a barrister at law and a jury-man [...]

LawA1694

IN the Business in Agitation touching Inrolling of Deeds, These things considerable. The Mischiefs at present to be remedied are, The Remedy propounded is, by an Office of Inrollment, or Registry of Conveyances. In this, as in all other Applications of Remedies to any Mischiefs, these things must be considered. But with due Consideration or Provision that those Inconveniencies introduced by the Remedy, may with as much Prudence as may be, be obviated, prevented, removed, or very much allayed by suitable Provisions against them. The first of these Considerations, namely the Application of the Remedy in a due Commensurateness, to the Mischief, must needs be by taking Care that there be no Room or Inlet for any such Deceit by secret Conveyances or Incumbrances of Estates: For if any one Leak be left unstopt, the Vessel will sink as well as if more were open. And if any one Device be left unprovided for, thither will fraudulent Persons betake themselves, and get out of the Remedy intended. Therefore, For if any of these be not Inrolled or Registred, or some way rendred open to the view of every Person, a Man may be cheated or deceived. And what is odds, whether a Man be deceived by a secret Mortgage or Judgment? or by a secret Lease for Lives or Years, or by a secret Settlement, or Devise or Will? And all these must be secret to him that hath no ready means to discover them: The Remedy whereof is designed in this publick Registry. And yet further, If the Remedy be intended as large as the Disease, this Registry must not only look forward, but it must look backward, (viz.) That all Estates and Incumbrances now in Being, as well as those that shall be hereafter, must be laid open to the View, otherewise the Provision is not commensurate, there being in all probability a Stock of latent Incumbrances and Charges upon Lands, which may serve at least to deceive and cheat this present Age, and the next also. Therefore unless there be some Notification of present Incumbrances as well as future, we but lay up a Security, that it may be of use an Hundred Years hence, and leave the present and intervening Ages in as bad, if not worse Condition, than we find them. Therefore a Remedy commensurate to the Mischief must needs provide for the Registring all Estates and Interests, and Charges of Lands, and that as well for the time past, as time to come; otherwise the Plaister is too narrow for the Sore. 2. The second Consideration is, Whether this be possible to be done? Indeed it is a fine thing in the Theory and Speculation, and a Man that fixeth his Thoughts upon the good that might come by such an Expedient, without troubling himself with the Difficulties that lie in the way to it, may drive it on very earnestly; but he that shall consider the Difficulty of it, will easily see that it is but a Notion and Speculation, and cannot be effected or reduced into practice, at least not without immense Confusion. The Difficulties that attend this Design, are either such as relate to the Inrolling of Estates now in Being; or secondly, The Inrolling of Estates hereafter to made or granted; or Thirdly, Such Difficulties as relate to both. Liberty. Penalty. 1. The Difficulties that attend the Inrolling of Estates now in Being, or past, these seem insuperable. In order to the discovery hereof, we must suppose, that either every Man shall be at Liberty to Inroll or Register his Estate, or it must be under his Penalty, that if he fail herein, he must lose his Estate. If we suppose the former, then every Man is still at Liberty, as he was before, and nothing is effected by it. If the Latter, (viz) That he shall lose if he do not Inroll the Estate he hath, or which is all one, it shall be in the power of him that Inrolls a Subsequent Title to make the former, not Inrolled, void; Then either that Inrollment or Registry must be barely of his Claim, or some Abstract of his Title; or he must Inroll the Tenor of the Deed, or Evidence by which he Claims. If we shall suppose the former, then these things will be Considerable. Mistakes. First, What if he doth in some things mistake his Claim? It may be, he thinks he has an Estate in Fee-Simple, when it is but in Tail, It may be an Estate Absolute, when it is Conditional; Abstracts. Certainly he that Claims by an Abstract, had need of a very good Counsel at his Elbow, to give him sound and uncontroulable Advice, in drawing it up; otherwise he that hath a good Title may lose it for want of a right Abstract of his Title by which he Claims. Surely therefore every Man that hath a good Title, and can possibly come by the Deed or Evidence by which he Claims it, will Inroll his Deed at large, for fear he should omit any thing essential to his Title. Deed at large. Secondly, Or else it is intended, that though he mistake his Title, yet if he enter as much as he thinks fit, it shall be sufficient to preserve his Estate. And if this be intended, the whole design of Registring and Inrolling will End in a publick Deceit and Insecurity, when perchance in the Event, the Estate or Interest Claimed, doth materially and substantially vary from what is Registred. Claims entred. Thirdly, Again, if such an uncertain Claim shall be allowed, not made good by Deeds or Evidences, this Office will breed more Disturbance in many Estates, than any imaginable Deceits or Frauds besides can equal: Suits increased. For any Man shall at a venture make what Claims, and set up what Pretences he pleases to any Mans Estate in England, and shall be admitted to Enrol them in the Registry, and the Person injured shall be either remediless, or driven to more Suits and Expences, to vindicate his Title, than now he is necessitated unto, to discover a Fraud in a Seller. It remains therefore necessary, that whosoever will Inrole any thing in being, he must produce some Authentick Deed, or other Record, to warrant what he would have Inrolled, and then there must be Inrolled at least so much of the Deed, or Evidence that concerns, First , The Parties, Grantor and Grantee. Secondly , The things Granted. Thirdly , The Estate Granted. Fourthly , All those parts of the Deed, or Evidence, that have any Influence upon the Estate: as Rent reserved, Conditions, Powers of Revocation, of Alteration, of Leasing, the Trust, &c. and those other things that have an Influence upon the Estate; and without all this done and truly done, the Purchaser or Lender, is as much in the Dark as before, and Cheated under the Credit of a Publick Office Erected to prevent it. This being the State of the Business in relation to Inrolling of things past; there follows next, those Difficulties that render the Design either Impossible or Fruitless. 1. Many Persons that have Titles, have them by Livery without Deed, or cannot bring the Deed to the Office to be Registred, or Inrolled, because the Deed it self is not, nor by Law cannot be in their Custody, at least de facto is not in their Custody: Remainders. Wills. as they that Claim Remainders where the Custody of the Deed belongs to others, those that Claim by Wills, either concealed, or in the Hands of Executors, and many have lost their Deeds in the late Troubles, and to compel Possessors, especially Purchasors of Lands, to discover the Deeds, which possibly they have for the Security of their Title, or to discover the defects of their own Assurances to make others Mens Title appear; and this under a Penalty or Action were an unreasonable thing, and would create a general insecurity of Purchasors. Purchasors. If (44 Eliz.) A. Conveyed his Land to B. and 12. Ja. 1. B. Conveyed it to C. and 3. Car. 1. C. conveyed it to D. and 20. Ca. 2. D. Conveyed it to E. must all these Conveyances be Inrolled or only the last? Mean Conveyances. If all must be Inrolled, then if any one Mans Conveyance be omitted, suppose it from A. to B. then the omission of the Inrollment thereof, will give a Title to A. or his Heir, to make a Claim to this Land, if only that from the last Seller, then is the Purchaser in the Dark still, what Estates were in the antecedent Owners, and how Derived, and so the Design ineffectual to the end proposed. 3. If all the mean Conyeyances of Mens Estate, should be Inrolled, Westminster-Hall would not hold the Inrollments, and the Charge thereof would be above two Millions of Money; nay, if we should suppose the present Estates of the present Owners of Lands in any considerable County, were to be Inrolled, the Charge would be intollerable, and the Bulk it self would be utterly useless: Suppose in London, 20000. Houses, and each House to have but two Titles, that is, that of the Owners of the Inheritance, and that of the present Lessee, (tho' some have many more concurrent and coincident Titles to recompence those that may have possibly less) this would bring to the Inrollment Office 40000. Deeds, the Inrollment of every Deed at least 10s. would produce 20000 Pound and about 200. Volumes of Velum Books, which would take up the Imployment of many Clerks, and when the work was done, the Volumes too vast and numerous to be made use of; and what would be done then with the many Leases of Western Mannors, which yet have many under Titles derived under them? 4. But how shall these Deeds come to be Inrolled? he that made them perchance is Dead, or at lest will not come to acknowledge it, and if every Man that brings a Deed should have it Inrolled without acknowledging it by him that made it, any forged Deed may be Inrolled, and Men in a little while, may lose their Estates, by the Countenance that a forged Deed shall receive, by being Inrolled among the publick Records of the Office; for the Officer can never examine the Truth or Reality of the Deed, or if he could, it would not be reasonable that Mens Estates should depend upon the Judgment of any Ignorant Clerk, or Officer. 2. As for the Inrollment of all Conveyances and Deeds for the time to come, this labours under great Difficulties also, though not so many and so great as the Inrollment of things past; Acknowledgment. because here the Persons that make the Deed may possibly come to acknowledge them before some Persons publickly intrusted, as two Justices of the Peace, or the Master of the Office; yet this has also great Difficulties. 3. These Difficulties that are common both to Inrollment of things past, and to come, are principally these: So that as to Estates and Incumbrances already before this time created, the propounded Register seems utterly impossible and unpractical: Compulsion. As to Estates and Incumbrances for the time to come, tho' more practical, yet very difficult, cumbersome and chargeable, and scarce applicable to the End designed, if it be compulsary upon all to do it. 3. As to the Inconveniencies, I shall mention some, and of those, some applicable to both Proposals, both of Registring things past, and to come, tho' far greater in relation to the time past. Against Compulsion. Upon the whole matter, I think that the Compulsion of every Man to Inroll or Register his Writings and Evidences of his Land, whether past, or future, under any Penalty, is unpractical, and utterly inconvenient and dangerous to Men's Estates. And now if it be Objected, That these Difficulties and Inconveniencies be but imaginable, or easily superable by prudent Provisions, and all the Inconveniencies objected, may be in like manner remedied, since we daily see in Copyhold Mannors, and in some great Precincts, as for Instance, in Taunton Mannor, all Men's Estates are Inrolled, or so Registred, that it prevents all possible Fraud by Preconveyances, and hath brought great Quiet and Security to Men's Estates, without the least Sence of any of the objected Difficulties or Inconveniencies. I Answer. It is true, That if all Conveyances of Lands were for the time to come Registred, it would in process of time do much good, and prevent many Suits and Frauds, tho' perchance the present Age may not find the Advantage of it. 27. H. 8. And certainly, it was the great Design of the Statute of the 27. H. 8. of Inrollments to have brought up that Method of Assurances, and had it been pursued, it had before this time been brought to great Perfection, and done much of that Good which is now intended by it. But to make the Design at this day Practical and Useful, these things must be observed. 1. Therefore in relation to Deeds, these things are necessary to make the Design Practical and Useful. 12. That the Advantages propounded be such as these: It is True, That by those Advantages, and some others that may be added, most of the Assurances in England will run this way; and thereby, But to this I say, And as these small Difficulties may be easily recovered, so these great Conveniencies would ensue. 2. Touching Judgments and Statutes. 27. Eliz. The Statute of 27. Eliz. hath provided in a good Measure for the Inrolling of Statutes: But as for Judgments it is a Business of great difficulty how to Inroll them especially because it cannot. But all the way that seems to be practical in this kind, were for the Clerks of the several great Courts, to extract out of the Rolls, the Abstracts of the Recognizances and Judgments, for four or five Years past, or more; and also for the time to come, as they are entred, and to digest them in Alphabet, according to the Surname of him that acknowledgeth them, &c. and so to preserve them for publick Inspection, this might be easily done, and a Salary or Fee setled by Act of Parliament for the respective Offices employed therein. Only there are these Inconveniences which must be remedied. 3. And lastly, Touching Wills, the Difficulty will be very great to put them into better Order, than they are at present, abating some few things. For the Devisor himself must not Inroll his Will, for the Reasons before given, and especially for that it is alterable every Hour, and many times made in Extremity, when there can be no authentick Officer to Receive or Attest it. And when he is Dead, the Will comes to the Hands of the Executors, and it may be controvertible, and if the Entry then of it by an Executor, or one that pretends to it, should render it Authentick, it may prejudice the Just Right of others. And on the other side, oftentimes the Devisee of Lands hath not the Custody of the Will, and it would be unreasonable that the Executor's Neglect should prejudice the Devisee's Interest. I know not how the Case of Wills can be made much safer or better than it is, at least unless the Insinuation thereof were under the Examination of Temporal Courts; but that perchance would be thought too great a Charge. Stat. Fraud. Only it were well, if some greater Solemnity were required by Law in Wills, whereby Lands are devised; for ever since the Stat. of 34. H. 8. more Questions, not only of Law, touching the Construction of Wills, but also of Fact, arise, than in any five General Titles or Concerns of Lands besides. As, Whether a Will were made or not? Whether revoked or not? Whether the Party that made it were of a disposing Memory, or not? which multiplies Suits, and makes great Uncertainties. London Burnt. But an Act may be necessary to prefix a Time and Order for Claims to burned Houses in London, and a Judicatory settled for the determining thereof summarily; because otherwise, possibly Latent Incumbrances may arise upon those that have been at great Charges in Building. But it were far better, that there might be an Act to quiet the Enjoyment of those that have built according to the Degrees, and under the Rules already decreed, because their Charge hath made the Improvement, and saved it from the Forfeiture which would otherwise have happened; therefore no Reason their Possession should be disturbed. And besides, all Persons that had any pretence of Claim, either have made it, and their Claims examined by a publick Judicatory, or might have done in so long a space, which they have neglected, and it hath been their own faults. Therefore this Case touching the burned Houses being particular, in a particular Precinct, and thus circumstantiated, will not make any Parallel Case to Universal Registers.

Law

A TREATISE Concerning Inrollment of DEEDS.

A Treatise, showing how usefull, safe, reasonable and beneficial, the inrolling & registring of all conveyances of lands, may be to the inhabitants of this kingdom

LawA1703

Mercurij 18. Die Martij, 1701. Mr. Edward Harley, according to Order, Reported, from the Committee appointed to Examine into the Matter of the Complaint of a great Abuse Committed in Her Majesty's Brew-house at St. Katharines, the matter of Fact as it appeared to them; which they had directed him to Report to the House, which he Read in his place, and afterwards Delivered it in at the Table, where the same was Read. Resolved, That it appears to this House, That there hath been a great Abuse Committed in Her Majesty's Brew-house at St. Katharines, by Drawing off the first Worts, to the Defrauding of Her Majesty, and Prejudice of the Seamen. Resolved, That the pretence of taking Perquisites in Her Majesty's Office of Victualling, tends much to the Prejudice of Her Majesty's Service. Ordered, That the said Resolution be laid before Her Majesty (by way of Address) by such Members of this House, as are of Her Majesty's most Honourable Privy Council.

Law

A true and exact account of many great abuses committed in the victualling her Majesties Navy [...]

LawA1716

Die Jovis 9 Februarii, 1715. ABOUT One a Clock the Lords came from their own House into the Court erected in Westminster-Hall, to pass Sentence upon James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, in the manner following. When the Lords were placed in their proper Seats, and the Lord HighSteward upon the Wooll-Pack, The Clerk of the Crown, in the Court of Chancery, standing before the Clerk's Table, with his Face towards the State, having his Majesty's Commission to the Lord High-Steward in his Hand, made three Reverences towards the Lord High-Steward; and, on his Knee, presented the Commission to the Lord High-Steward; after which, and usual Reverences, the same was carried down to the Table: And then Proclamation for Silence was made in this manner; O Yes, O Yes, O Yes! Our Sovereign Lord the King strictly charges and commands all manner of Persons to keep Silence, upon Pain of Imprisonment. Then the Lord High-Steward stood up, and spoke to the Peers. His Majesty's Commission is going to be read; your Lordships are desired to attend. All the Peers uncovered themselves, and they and all others stood up uncovered while the Commission was reading. GEORGIUS R. GEORGIUS, Dei Gratia, Magnæ Britanniæ, Francia & Hiberniæ Rex, Fidei Defensor, &c. Prædilecto & Fideli Consiliario nostro Willielmo Domino Cowper, Cancellario nostro Magnæ Britanniæ, Salutem. Cum Jacobus Comes de Derwentwater, Willielmus Dominus Widdrington, Willielmus Comes de Nithisdale, Georgius Comes de Winton, Robertus Comes de Carnwath, Willielmus Vicecomes Kenmure, & Willielmus Dominus Nairn, coram Nobis in præsenti Parliamento, per Milites, Cives & Burgenses in Parliamento nostro Assemblat' de alta Proditione per ipsos Jacobum Comitem de Derwentwater, Willielmum Dominum Widdrington, Willielmum Comitem de Nithisdale, Georgium Comitem de Winton, Robertum Comitem de Carnwath, Willielmum Vicecomitem Kenmure, & Willielmum Dominum Nairn, commiss' & perpetrat' in nomine ipsorum Militum, Civium & Burgensium, & nomine omnium Communium Regni nostri Magnæ Britanniæ impetiti & accusati existunt; & ipsi prædict' Jacobus Comes de Derwentwater, Willielmus Dominus Widdrington, Willielmus Comes de Nithisdale, Robertus Comes de Carnwath, Willielmus Vicecomes Kenmure, & Willielmus Dominus Nairn, coram Nobis in præsenti Parliamento de Proditione prædict' se esse culpabiles seperatim cognoverunt: Nos considerantes quod Justitia est Virtus excellens & altissimo complacens, Volentesque quod prædict' Jacobus Comes de Derwentwater, Willielmus Dominus Widdrington, Willielmus Comes de Nithisdale, Robertus Comes de Carnwath, Willielmus Vicecomes Kenmure, & Willielmus Dominus Nairn, de & pro Proditione unde ipsi ut præfertur impetit' accusat' & convict' existunt coram Nobis in præsenti Parliamento nostro, secundum Legem & Consuetudinem hujus Regni nostri Magnæ Brittaniæ, & secundum Consuetudinem Parliamenti audiantur, sententientur & adjudicentur cæteraque omnia quæ in hac parte pertinent debito modo exerceantur & exequantur, ac pro eo quod Proceres & Magnates in præsenti Parliamento nostro assemblat' Nobis humilime supplicaverunt ut Senescallum Magnæ Britanniæ pro hac vice constituere dignaremur. Nos de fidelitate, prudentia, provida circumspectione, & industria vestris plurimum confidentes, Ordinavimus & Constituimus vos ex hac Causa Senescallum Magnæ Britanniæ ad Officium illud, cum omnibus eidem Officio in hac parte debit & pertinen' (hac vice) gerend' occupand' & exercend' Et ideo vobis Mandamus quod circa præmissa diligenter intendatis, & omnia quæ in hac parte ad Officium Senescalli Magnæ Britanniæ pertin' & requiruntur hac vice faciatis, exerceatis, & exequamini cum effectu. In cujus rei Testimonium has Literas nostras fieri fecimus Patentes, Teste me ipso apud Westm' Nono Die Februarii, Anno Regni nostri Secundo. God save the King. Then the Herald and Gentleman Usher of the Black Rod, after three Reverences, kneeling, presented the White Staff to his Grace; and then his Grace, attended by the Herald, Black Rod and Seal-Bearer (making his proper Reverences towards the Throne) removed from the Wooll-Pack to an armed Chair, which was placed on the uppermost Step but one of the Throne, as it was prepared for that purpose, and then seated himself in the Chair, and delivered the Staff to the Gentleman Usher of the Black Rod on his Right Hand, the Seal-Bearer holding the Purse on the Left. Serjeant at Arms make Proclamation O Yes, O Yes, O Yes! Our Sovereign Lord the King strictly charges and commands all manner of Persons to keep Silence, upon Pain of Imprisonment. Then another Proclamation was made, as follows. O Yes, O Yes O Yes! Lieutenant of the Tower of London bring forth your Prisoners to the Bar, according to the Order of the House of Lords to you directed. Then James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, were all brought to the Bar by the Deputy Governour of the Tower, having the Ax carry'd before them by the Gentleman Jaylor, who stood with it on the Left Hand of the Prisoners, with the Edge turned from him. The Prisoners when they approach'd the Bar, (after kneeling,) bowed to his Grace the Lord High-Steward, and to the House of Peers; which Complement was returned them by his Grace, and the House of Peers. Read the Articles of Impeachment. WHEREAS for many Years last a most wicked Design and Contrivance has been formed and carried on, to subvert the ancient and established Government, and the good Laws of these Kingdoms; to extirpate the true Protestant Religion therein Established, and to destroy its Professors; and instead thereof, to introduce and settle Popery and Arbitrary Power; in which unnatural and horrid Conspiracy great Numbers of Persons of different Degrees and Qualities have concerned themselves and acted; and many Protestants, pretending an uncommon Zeal for the Church of England, have joined themselves with professed Papists, uniting their Endeavours to accomplish and execute the aforesaid wicked and traiterous Designs: And whereas it pleased Almighty God in his good Povidence, and in his great Mercy and Goodness to these Nations, to Crown the unwearied Endeavours of his late Majesty King William the Third of ever glorious Memory, by making him the Instrument to procure the Settlement of the Crown of these Realms in the Illustrious House of Hanover, as the only Means under God to preserve our Religion, Laws and Liberties, and to secure the Protestant Interest of Europe; since which happy Establishment the said Conspirators have been indefatigable in their Endeavours to destroy the same, and to make Way for the vain and groundless Hopes of a spurious Impostor and Popish Pretender to the Imperial Crown of these Realms. And to accomplish these Ends, the most immoral, irreligious and unchristian-like Methods have been taken, but more particularly in the last Years of the Reign of the late Queen Anne, during which time all imaginable Endeavours were used by the said Conspirators to prejudice the Minds of the Subjects of this Realm against the Legality and Justice of the said Settlement of the Crown: And for that Purpose the Holy Scriptures were wrested, and the most wholsome Doctrines of the Church of England perverted and abused by Men in Holy Orders, in the most publick and scandalous Manner, in order to condemn the Justice of the late happy Revolution; and thereby to sap and undermine the Foundation of the said happy Establishment; and the most notorious Instruments of these wicked Purposes were countenanced by particular Marks of publick Favour and Distinction; false and dangerous Notions of a sole Hereditary Right to the Imperial Crown of these Realms were propagated and encouraged by Persons in the highest Trust and Employments, contrary to the ancient, undoubted and established Laws of these Kingdoms; jesuitical and scandalous Distinctions were invented and publickly inculcated, to enervate the Force and Obligation of those Oaths which had been contrived in the plainest and strongest Terms by the Wisdom of Parliament for the Security of the said Establishment; and to conceal their Designs, and thereby the better to enable them to carry on the same, great Numbers of the said Conspirators of all Ranks and Conditions, pretending a Zeal for the Protestant Succession, openly and voluntarily took the said Oaths; groundless Fears of the Danger of the Church of England were fomented throughout these Kingdoms, to disorder the Minds of well-disposed Protestants. By all which and many other such ungodly Practices of the said Conspirators, the most causeless and dangerous Jealousies and Dissatisfactions were created in the Minds of the good People of this Kingdom, and great Numbers of well-meaning, but deluded Protestants were much disquieted. But nevertheless these dishonest Methods were pursued by the said Conspirators with indefatigable Industry, as the only Means to weaken the Foundations of the said happy Establishment. And whereas the Dissolution of the late glorious Confederacy against France, and the Loss of the Ballance of Power in Europe, were further Steps necessary to compleat the Designs of the said Conspirators; And the same being effected by the late ignominious Peace with France, the French King was rendred fomidable, and the Protestant Succession was thereby brought into the most imminent Danger; And by these and other pernicious Measures, the Destruction so long intended by the said Conspirators for these poor Nations seemed near at Hand. At which Time, and under which most deplorable Circumstances, it pleased Almighty God in his infinite Wisdom to call to himself the late Queen Anne, and by a Concurrence of many most wonderful Providences to give a quiet and peaceable Accession to his present most Gracious Majesty to the Throne of his Ancestors, to which he was received with one full Voice and Consent of Tongue and Heart, and the united Joy of every good Subject and good Protestant, as their only lawful and rightful Liege Lord; and altho' from the Moment his Majesty Ascended the Throne to this Day, his Reign has been one Series of Wisdom, Justice and Clemency; his Labours Constant, Unwearied and Successful to retrieve the Honour and Reputation of these Nations; to re-establish the Trade and recover the Wealth of his Kingdoms; and although all imaginable Encouragement has been given to the Church of England, and all Tenderness shewn even to his Popish Subjects, and his constant Care has been to procure the universal Good of his People; nevertheless the said Conspirators have, by the most vile and impious Methods, renewed their Endeavours to throw these Kingdoms into the utmost Confusion, and to entail endless Miseries on us and our Posterities: For these Ends many of the above-mentioned most wicked and dangerous Practices have been repeated with the utmost Industry and Inveteracy, to delude, disorder, and corrupt the Minds of his Majesty's good Subjects; the most groundless Jealousies have been fomented against his wise and happy Administration, and in many Parts of his Kingdoms the most unnatural, unexampled Riots and Tumults, by the secret and malicious Endeavours of the said Conspirators, have been procured, stirred up, and encouraged against his peaceable Protestant Subjects, under false Pretences of Zeal for the Church of England, and thereby more effectually to delude his good Subjects, and seduce them from their Allegiance, and prepare them for an open Rebellion. And the said Conspirators having at length resolved to deprive these Nations of the invaluable Blessings which they now enjoy under the wise and gentle Reign of His present most Gracious Majesty King George, and of the certain Prospect of Happiness which they have for their Posterity, in a Succession of Princes derived from himself; did contrive, confederate and resolve to put their most malicious wicked and traiterous Designs into immediate Execution; for which purpose, James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, together with Thomas Forster, Jun. the Lord Charles Murray, Edward Howard, Thomas Errington, John Clavering, William Shaftoe, Sir Francis Anderton, Ralph Standish, Richard Townly, Thomas Butler, Thomas Walton, Gabriel Hasket, Richard Gascoigne, and diverse other Persons, as false Traytors to His present most Sacred Majesty King George, the only lawful and undoubted Sovereign of these Kingdoms, having withdrawn their Allegiance, and cordial Love, and true and due Obedience, which they as good and faithful Subjects owed to His said Majesty, did, in or about the Months of September, October, or November 1715, most wickedly, maliciously, falsely and traiterously imagine and compass the Death of His said most Sacred Majesty. And for the Accomplishing and Executing their said Traiterous Purpose, they the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, did, in or about the said Months or some of them, and at diverse other Times, and in diverse Places within this Kingdom, wickedly and traiterously agree, confederate, conspire, and resolve together, with many other evil-disposed Persons, to raise, excite, and levy within the Counties of Teviotdale, Northumberland, Cumberland, and the County Palatine of Lancaster, and elsewhere within this Kingdom, a most Cruel, Bloody, and Destructive War, against his Majesty, in order to depose and murther his Sacred Majesty, and to deprive him of his Royal State, Crown and Dignity. And the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, William Lord Nairn, their Accomplices and Confederates, in or about the Months aforesaid, in the Counties aforesaid, or some of them, did gather together great Numbers of His Majesty's Subjects, and with them did assemble in a warlike and traiterous Manner, in order to raise Tumults and Rebellion within this Kingdom; and having procured great Quantities of Arms, Ammunition and warlike Instruments, at the Times and Places aforesaid, or some of them, did form and compose, or did assist in the Forming and Composing an Army of Men, consisting of his Majesty's Liege Subjects, in order to wage War against his said Majesty, for and in behalf and in favour of the said Pretender to the Crown of these Realms; And the said last mentioned Conspirators, their Accomplices and Confederates, at the Time and Times and Places aforesaid, and at divers other Times and Places within this Kingdom, did maliciously and traiterously make, levy, and raise War and Rebellion against His most Sacred Majesty, and in a warlike and hostile Manner did march thro' and invade several Parts of this Kingdom, and did unlawfully take and seize the Horses and other the Goods and Chattels of many of the peaceable and good Subjects of His Majesty, and in other Places did take and seize, from his Majesty's faithful Subjects, Guns, and other warlike Instruments, for the carrying on their traiterous Purposes. And the said last mentioned Conspirators, their Complices and Confederates, during their March and Invasion aforesaid, in open Defiance of His most Sacred Majesty's just and undoubted Title to the Imperial Crown of these Realms, did wickedly and traiterously Cause and Procure the said Pretender to be proclaimed, in the most publick and solemn Manner, as King of these Realms; and in several Places in the Counties aforesaid, or some of them, did unlawfully take and seize from His Majesty's Officers of the Revenue the publick Mony, for the Use and Service of the said Pretender; and tho' many of the Conspirators are avowed Professors of the Popish Religion, yet the more effectually to cover and disguise their most wicked and traiterous Designs, and to delude His Majesty's Subjects, they did prevail on and procure several Men in Holy Orders, Ministers of the Church of England, and who had before that time abjured the said Pretender, to Accompany, Countenance and Abet the said most traiterous Enterprize, and in several Places in the Counties aforesaid, where the said Conspirators, their Complices and Confederates then were, to pray for the said Pretender in the publick Churches, as King of these Realms. That the said last mentioned Conspirators, their Accomplices and Confederates, did, on or about the Ninth, Tenth, Eleventh, Twelfth or Thirteenth of November aforesaid, Traiterously seize and possess themselves of the Town of Preston in the County Palatine of Lancaster against His Majesty, and did then and there in a warlike and hostile Manner levy War, Oppose, Engage and Fight against His Majesty's Forces; and did then and there cause and procure a Miserable and horrid Slaughter and Murther of many of His Majesty's faithful Subjects. All which Treasons and Crimes abovementioned were Contrived, Committed, Perpetrated, Acted and Done, by the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, William Lord Nairn, and other the Conspirators aforesaid, against Our Sovereign Lord the King, His Crown and Dignity; and contrary to the duty of their Allegiance Allegiancc , and against the Laws and Statutes of this Kingdom. Of all which Treasons and Crimes, the Knights, Citizens and Burgesses in Parliament Assembled, do, in the name of themselves and of all the Commons of Great Britain, Impeach the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, William Lord Nairn, and every of them. And the said Commons by Protestation saving to themselves the liberty of exhibiting at any time hereafter any other Accusations or Impeachments against the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, or any of them; and also of Replying to the Answers which the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, or any them, shall make to the Premisses, or any of them, or to any Impeachment or Accusation that shall be by them Exhibited according to the course and proceedings of Parliament; And do pray that the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, be put to Answer all and every the Premisses; And that such Proceedings, Examinations, Tryals and Judgments may be upon them and every of them had and used as shall be agreeable to Law and Justice. Read the Orders of the House of Lords of the Nineteenth of January last. Die Jovis 19 Januarii, 1715. THE Order of the Day being read, for bringing James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, to this House, in order to their putting in their several Answers to the Articles of Impeachment of High Treason Exhibited against them by the House of Commons: The said Earl of Derwentwater was brought to the Bar by the Gentleman Usher of the Black-Rod, where he kneeled until the Lord Chancellor directed him to rise; and his Lordship acquainted him with the abovementioned Order, and demanded of him if he was ready to put in his Answer, which he said he was, and delivered the same at the Bar. Which Answer of the said Earl of Derwentwater was read, and is as follows. TO a Charge of so high and heinous a Nature the said Earl cannot Answer without the deepest Concern and Affliction, which becomes more weighty from the Share the Honourable House of Commons have been pleased to take in the Accusation; He assures himself however, that Great Assembly doth not engage in the Prosecution of an Offence, so open to Conviction in the ordinary Course of Law, with design to intercept that Mercy which the Earl, from the Report of His Majesty's natural Goodness, had reason to expect. It would be a Thought unworthy any Member of that August Body, to imagine he could have the least desire of spilling the Blood of any of his Fellow-Subjects, whom his Majesty's great Wisdom should think a fit Object of his Mercy; the said Earl therefore hopes that his Prosecution is taken out of the common Course of Justice, with Intentions that if in his particular Case there shall appear any Circumstances inducing Favour or Compassion, both your Lordships and the Commons may be Intercessors with his Majesty for Grace towards him; whereby the Exercise of the Royal Mercy, upon which the Earl depended (which amongst all the Virtues of the Crown most endears a Monarch to the Love and Affection of his People) may be extended in such Manner as may demonstrate that Clemency for which his Majesty is so greatly renowned, and not encourage any to Offend upon the Presumption of it for the future. The said Earl Acknowledges, with a real Sorrow, that at the time in the Articles mentioned he was in Arms, and with others did March through and invade several Parts of this Kingdom; and Confesses he is thereby guilty of the Offence wherewith he is charged in the said Articles. But if any Offence of that kind was ever attended with Circumstances which might move Compassion, the said Earl hopes he may be intitled to it: He begs Leave to inform your Lordships, That his Temper and Inclination disposed him to live peaceably under His Majesty's Government, and he never had the least Prejudice or Malice against his Person, nor was he ever heretofore concerned in or privy to any Design or Contrivance to subvert or disturb the Established Government, the Laws or Religion of this Kingdom; and if any Methods were taken by others to accomplish any of those Ends, he was absolutely a Stranger to them; nor did he now Engage in this Unhappy Undertaking upon any previous Concert or Contrivance for any such purpose; but being Young and Unexperienced, he rashly, and without any Deliberation, engaged himself to meet at Plainefield in Northumberland, on Assurance that many of his Relations and Acquaintance would appear there; that his Undertaking was sudden, appears in that he engaged in it without any previous Preparation of Men, Horses, Arms, or other Warlike Accoutrements; and as the said Earl cannot be justly reproached with any Cruel, Severe, or Harsh Action during the Continuance in Arms, so he took the first Opportunity that offered of submitting to the King's Mercy. After the sudden Skirmishes at Preston, the said Earl, with others, was sollicitous to prevent any further Destruction of the Lives of his Majesty's Subjects, and instrumental to induce all in Arms to submit themselves to the King, provided they might be secured of their Lives. One of his Majesty's Officers, sent from the General, gave them Encouragement to believe, that the Surrender of themselves would be the ready way to obtain the King's Mercy: In Confidence whereof, when a Cessation was agreed on, the said Earl offer'd himself to become one of the Hostages for them till the next Morning, in which time he received further Assurances from the Officers, that the King was a Prince of known Clemency; that this was a distinguishing part of his Character, and that the free Surrender to Mercy would be the most proper means to obtain it. The said Earl believes his Majesty's Officers were very sensible, and will be so just as to acknowledge, that it had not been impracticable for many of those at Preston to make their way through his Majesty's Forces; but this Attempt must have occasioned the loss of many Lives, and might have been productive of ill Consequences to the Government, which the said Earl was desirous to prevent; and when the time agreed on for the Cessation was near expired, and General Wills seemed uneasie in not having received any Message from those in the Town, the said Earl writ a Letter to exhort them to surrender to the King's Mercy; and at the same time declared to the said General, and other Officers, that whatever happened, he was determined to continue with them, and rely entirely on his Majesty's Clemency and Goodness, which he had Encouragement to expect; and in such Circumstances the said Earl cannot distrust your Lordships or the Commons readiness, to use their Mediation for Mercy on his behalf, which will lay him under the highest Obligations of Duty and Affection to his Majesty, and perpetual Gratitude to both Houses of Parliament. The Material Words of which Answer appearing not to be sufficiently express and clear, the Lord Chancellor asked the said Earl if he meant by the said Answer to plead Guilty to the said Articles of Impeachment. He said he did, and submitted to the King's Mercy, and humbly desired their Lordships Intercession to his Majesty; and his said Answer and Plea was Recorded accordingly. And he withdrew. Then the Lord Widdrington was brought to the Bar, and having there also kneeled, was acquainted by the Lord Chancellor with the aforementioned Order, and ask'd the same Question as the Earl of Derwentwater; and he likewise delivered in his Answer, which was read as follows: IT is with inexpressible Concern and Affliction the said Lord appears before this August Assembly charged with Crimes of the most heinous Nature; and though it is Natural to Mankind to endeavour to conceal their Guilt, and make use of all manner of Defence, especially in the case of Life, yet as he surrendred himself at Preston, intirely relying on his Majesty's Mercy, so he is now resolved not to take any Measures which may argue the least Diffidence of that Mercy, or of your Lordships Goodness; and therefore the said Lord confesses he is Guilty of the Treason wherewith he is charged in the said Articles; and after having thus freely acknowledged his Offence, he begs leave to lay his Case before your Lordships, and humbly hopes when the particular Circumstances are considered, it will not be thought to Merit the most rigorous Punishment, but that both your Lordships, and the Honourable House of Commons, will look upon him as a proper Object of his Majesty's Clemency; and he humbly hopes he may not be thought the less unworthy of Favour, in that he never before Offended, nor was at any time privy to, or acquainted with any Design or Contrivance to destroy or disturb the Established Government, the Laws or Religion of this Kingdom, but came unawares into this sudden and unpremeditated Action; for although he had met with Publick Rumours and Reports of intended Invasions from Abroad, and Insurrections at Home, yet he never knew, or any other way heard of any formed Design against the Government, till he was told the Night before of a Meeting intended at Plainfield in Northumberland on the Sixth of October last; and being soon after informed, that almost all his Neighbours and Acquaintance had there met in Arms, he took a hasty and inconsiderate Resolution of joining them; nor was he in any sort prepared for such an Undertaking, having only some of his own Family with him, no Arms but his common Fowling-Pieces and wearing Swords, and fewer Horses than he had constantly kept for several Years before; and nothing but the Report of so many of his Friends being engaged could have hurried him on to an Enterprize so unaccountably Rash and Unjustifiable; and he is willing to hope your Lordships will esteem it some Alleviation of his Crime, that in a Commotion of that Nature there was so little Violation of the Rights and Properties of those who opposed them; for he believes few Instances can be found, where such a Multitude continued so long in Arms without doing greater Acts of Violence and Injustice. The said Lord cannot charge himself with any injurious Acts to the Property of his Fellow-Subjects, and endeavoured to prevent them in others; and hopes it was thence owing in some Measure, that there was shown all along greater Marks of Moderation and Humanity, than is common in such a Warlike and Hostile Proceeding. The Suddenness of the Attack at Preston, without any previous Summons, admitted no time for mediating a Submission before the loss of that Blood which was there unfortunately spilt; but after the Heat and Surprize of the first Action was over, a Cessation of Arms was desired, and upon the mutual Messages which then passed, the Officers sent from the General encouraged them to believe the surrendring themselves would be the ready way to obtain the King's Mercy, and gave them repeated Assurances, that they submitted to a Prince of the greatest Clemency in the World: Upon these Hopes and Assurances they made a general Surrender of themselves to the King; and the said Lord may justly take notice to your Lordships, that as he was the last who took up Arms, so he was the first who procured a Meeting of the Chief Persons among them, in order to lay them down; and cannot doubt but your Lordships, and the Honourable House of Commons, will think it equitable to make some Distinction between an obstinate Resistance and an early and humble Submission, whereby the Peace and Tranquility of this part of his Majesty's Dominions was intirely restored. Nature must have started at yielding themselves up to a certain and ignominious Death, when it must be acknowledged that it was not impracticable for many of them to have escaped; and it was possible so great a Number grown desperate might have obtained further Success, and thereby prevented the so speedy suppressing that Insurrection; but the said Lord, and the rest, having with the utmost Confidence relied on the Assurances of his Majesty's great Clemency, and the hopes of Mercy, which had been given them from the Officers who commanded the Royal Forces, he is encouraged with great Earnestness to implore the Intercession of your Lordships, and the Honourable House of Commons, with his Majesty, for that Mercy on which they wholly depended; and as he doth not know where Mercy was refused to those who so early and with so much Resignation submitted to it, so he humbly hopes your Lordships may be induced to think, that the Exercise of this Divine Virtue by his Majesty towards those who cast themselves themseves at his Royal Feet upon the sole Prospect and Expectation of it, will appear no less Glorious to his Majesty, and prove no less Advantageous to the future Quiet and Tranquility of his Government, than any Examples of Justice in such a Case can be likely to do: And whatever Marks of Goodness and Favour his Majesty shall vouchsafe to the said Lord, will not fail to engage him by the strongest Tyes of Gratitude, to demonstrate in the future course of his Life the most constant and inviolable Duty to his Majesty, and the most real Esteem and Veneration for your Lordships and the Honourable House of Commons. And the said Lord Widdrington being asked if he had any thing further to say, he begg'd to be excused all Imperfections in his said Answer, said he had been indisposed with the Gout in his Stomach, and was not able to employ himself in preparing his Answer till last Night, and finished it but this Morning, and humbly implored their Lordships Intercession to his Majesty for Favour and Mercy; and his Answer and Plea was Recorded accordingly. And he withdrew. Then the Earl of Nithisdale was brought to the Bar, and having there likewise kneeled was acquainted with the forementioned Order, and asked the same Question as the Earl of Derwentwater; and he also delivered in his Answer, which was read as follows. IT is with the utmost Confusion the said Earl appears at your Lordships Bar, under the Weight of an Impeachment by the Commons of Great Britain for High Treason; he humbly begs Leave, in Extenuation of his Crime, to assure your Lordships that he was always a zealous Asserter of the Liberties of his Country, and never engaged in forming or carrying on any Design to subvert the ancient Established Government and the good Laws of this Kingdom; but being Summoned by those entrusted with the Administration of the Government in Scotland to appear at Edinburgh, and being assured if he went thither he should be made close Prisoner, he did not obey the Summons; but in all humble Manner applied for their Indulgence in dispensing with his being committed to Goal, offering to give any Bail for his peaceable and quiet Behaviour; which being refus'd, and being at that time in so ill a State of Health, that a Confinement in Edinburgh Castle would have endangered his Life, he was forced to abscond, and kept private 'till several of the Persons mentioned in the said Impeachment, with many other of his Neighbours, appeared in Arms very near the Place where the said Earl lay concealed; and then he inconsiderately and unfortunately (with four of his Domesticks and no other Person whatsoever whatsover ) joined them, and proceeded in their Company to the Places in the said Articles of Impeachment mentioned; but he knew nothing of the intended Insurrection 'till they were actually in Arms. The said Earl is deeply sensible of his great Offence, and not affecting Delay, nor being willing to give your Lordships or the Honourable House of Commons any unnecessary Trouble; He does with a Sorrow, equal to his Crime, confess that he is Guilty of the Treason in the said Articles of Impeachment contained, and throws himself at his Majesty's Feet, imploring his Royal Mercy; and to incline His Majesty thereto, and induce your Lordships to recommend him as an Object thereof, he begs Leave to inform your Lordships, that when he, and the rest that were with him at Preston, had engaged in a Battle, a Cessation of Arms being agreed to, they had Intimations from His Majesty's Officers, that if they submitted, they might expect the King's Mercy; and History abounding with Instances of Conditions stipulated with Generals, even with Rebels, and afterwards agreed to, and confirmed by their Sovereigns, they were prevailed on by such Encouragement, together with the Consideration of His Majesty's known Clemency, to surrender themselves Prisoners, whereby the Lives of great Numbers of His Majesty's good Subjects were saved, which by an obstinate Resistance would inevitably have been destroyed; and therefore he most humbly begs your Lordships would be pleased to represent his Case to his Majesty in the most favourable Manner; not doubting but by your Lordships powerful Intercession, he shall find, that as he performed the Duty of a good Christian, in concurring to prevent the Effusion of Blood; so he acted the Part of a wise Man in relying upon a Mercy so extensive as that of his Majesty: And he presumes, when the Honourable House of Commons are apprized of the Nature of his Case, they will not interpose to prevent him from having a Share in the Benefit of that Mercy. And the said Earl of Nithisdale being asked if he had any thing further to say, he said he had nothing, but to implore the King's Mercy; and his Answer and Plea was recorded accordingly. And he withdrew. Then the Earl of Carnwath was brought to the Bar, and having there likewise kneeled, was acquainted by the Lord Chancellor with the forementioned Order, and asked the same Question as the Earl of Derwentwater. He said he had no Answer in Writing, but desired to throw himself on the King's Mercy, and humbly implored their Lordships Intercession to his Majesty on his behalf; and assured the House, if the same were granted, he should think himself obliged to live under the strictest Tyes of Loyalty to his Majesty; and as to the said Articles, he said he was Guilty of the HighTreason contained in the said Articles of Impeachment against him; and the said Plea was recorded accordingly. And he withdrew. Then the Viscount Kenmure was brought to the Bar, and having there kneeled also, was acquainted by the Lord Chancellor with the forementioned Order, and asked the same Question as the Earl of Derwentwater. He said he had no Answer in Writing, but was Guilty of the Charge of High-Treason contained in the Articles of Impeachment against him, and begged the House would intercede with his Majesty for Mercy; and his Plea was recorded accordingly. And he withdrew. Then the Lord Nairn was brought to the Bar, and having there also kneeled, was acquainted by the Lord Chancellor with the forementioned Order, and ask'd the same Question as the Earl of Derwentwater. He said he threw himself upon the King's Mercy, and begged the Intercession of this House to his Majesty; and as to the Articles of Impeachment exhibited against him, he said he was Guilty of the High-Treason contained in the said Articles; and his Plea was recorded accordingly. Then he delivered in a Petition at the Bar, and the same was read as follows. Sheweth, THAT your Petitioner was educated, and hath always continued a Protestant, according to the Discipline of the Church of England; and tho', by reason of some mistaken Principles he unwarily imbibed in his tender Years, he did not in all respects conform to the late Revolution, lying under the less Necessity, for that he had married an Heiress, in whom all the Right of your Petitioner's Estate is invested; and tho' he never took the Oaths, yet he always peaceably submitted to, and lived quietly under the Government as by Law Established, until the breaking out of this Rebellion, in which your Petitioner was inadvertently involv'd, but not before the Lord Mar, and his Adherents, had for a considerable time made themselves Masters of Perth and Dunkeld, and thereby surrounded your Petitioner's whole Estate, and came to your Petitioner's House, lying in the middle between those places. Your Petitioner heartily repents of this rash Undertaking, and solemnly declares he knew nothing of any previous Consultations, or Conspiracies, in favour of the Pretender, before he actually appear'd in Arms; nor knew any thing about crossing the Forth, until the Morning he was sent over under Macintoch's Command; and then was so far from approving of that Expedition, that tho' to avoid the Imputation of Cowardice he wou'd hazard his own Person therein, your Petitioner ordered back all his Dependents, and was only attended by his Son, and four Servants, who would not leave him in a time of Danger, tho' often desired; nor was your Petitioner privy to any Designs of Marching into England, for having been bred a Seaman, he had no Pretensions to Knowledge in the Land Service. Your Petitioner being now sensible of his Errors, hath pleaded Guilty to the Articles of Impeachment of High-Treason exhibited against him by the Honourable House of Commons, and thrown himself at his Majesty's Feet; humbly beseeching your Lordships, in Commiseration of the deplorable Circumstances of your Petitioner, and his Twelve Children, to recommend him to his Majesty for that Mercy, which at the time of his Surrender he was made to believe he might reasonably expect. This will lay your Petitioner and his Posterity under the greatest Obligations of Duty and Gratitude to his Majesty, and bind them for ever to bless your Lordships as the merciful Instruments of procuring such a Gracious Deliverance. And being asked if he had any thing further to say, he said he had not, and withdrew. My Lords, that are the Prisoners at the Bar, I am to acquaint your Lordships, that upon any Occasion which shall be offered you to speak for your selves, you are to direct your Speech to the Lords in general; and so is any other Person that shall have occasion to speak to this Court. Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, You stand Impeached of High-Treason by the Commons of Great-Britain in Parliament assembled; which Treason is contain'd in the Articles that have been lately read; to this you have severally pleaded Guilty, and are thereby Convicted. What say you, James Earl of Derwentwater, why Judgment should not pass upon you according to Law? I Only humbly beg leave of my Noble Peers to repeat a few Circumstances mentioned in my Answer to the Articles of Impeachment exhibited against me by the Honourable House of Commons. But the Terrors of your Lordships just Sentence, which at once deprive me of my Life and Estate, and compleat the Misfortunes of my Wife and innocent Children, are so heavy upon my Mind, together with my Unexperience, that I am scarce able to alledge what may extenuate my Offence, if any thing can do it I have confest my self Guilty; but, my Lords, that Guilt was rashly incurred without any Premeditation, as I hope your Lordships will be convinced by one Particular: I beg leave to observe, I was wholly unprovided with Men, Horses, Arms, and other Necessaries, which in my Situation I could not have wanted, had I been privy to any formed Design: As my Offence was sudden, so my Submission was early; when his Majesty's Generals thought fit to demand Hostages for securing the Terms of the Cessation, I voluntarily offered my self, without which the Cessation might possibly have proved ineffectual: And whilst I continued Hostage, the great Character of his Majesty's Clemency, and the repeated Encouragement I had to hope for Mercy, by surrendring to it, soon determined me, and I accordingly declared my Resolution to remain with his Majesty's Forces, and from that time submitted my self to his Goodness, on which I still entirely depend. I humbly hope to obtain the Mediation of your Lordships, and of the Honourable House of Commons, in my behalf; solemnly protesting my future Conduct shall show me not altogether unworthy your Generous Compassion for my Life, which is all I can beg of his Majesty. My Lord Derwentwater, your Lordship's Voice hath not been perfectly heard to this end of the Court, therefore I ask you whether you have pleaded any thing in Arrest of Judgment. No, my Lords. Lord Widdrington, what have you to say for your self why Judgment should not pass upon you according to Law? MY Lords, I have abandoned all manner of Defence ever since I first surrendered my self to his Majesty's Royal Clemency, and only now beg leave to repeat to your Lordships some Circumstances of my unhappy Case, which I have already set forth in my Answer. Your Lordships see before you an unfortunate Man, who after leading a private and retired Life for many Years, has by one rash and inconsiderate Action exposed himself and his Family to the greatest Calamities and Misery, and is now upon the point of receiving the severest Sentence directed by any of our English Laws. I do protest to your Lordships, that I was never privy to any concerted Measures against his Majesty's Royal Person, or the established Government: As to the Insurrection in Northumberland, I only heard of it accidentally the Night before it happened, and being soon after informed that all my Neighbours and Acquaintance had met in Arms, a crowd of confused and mistaken Notions hurried me at once into a precipitate Resolution of joyning them; a Resolution, which, I must own, I could never since calmly reflect upon without part of that Confusion I find my self under in the publick Acknowledgement of so much Rashness and Folly. After thus plunging out of my Depth, as unprepared for such an Enterprize as the Action was unpremeditated, I cannot for my own particular, upon the strictest Recollection, charge my self with any Violation of the Properties of my Fellow-Subjects: But on the contrary, I always endeavour'd to encourage Humanity and Moderation during the whole course of our miserable Expedition; and in order to make the best Atonement in my Power for the great Fault I had been Guilty of, I can justly say, that I was in no small Degree instrumental in procuring a general Submission to his Majesty. But, my Lords, however willing or desirous, either I or any others might be to put a speedy End to those unfortunate Troubles; Self-preservation, the first and most powerful Law of Nature, would have rendred the Proposal vain and fruitless, had not the Officers who commanded the Royal Forces given us Hopes of Mercy, and assured us we submitted to a Prince of the greatest Clemency in the World. These Hopes, and this Assurance, answered the strongest Objections, overcame all remaining Difficulties, and gave the finishing Stroke to a general Surrender, whereby the further Effusion of British Blood was prevented, and a perfect Tranquility restored to these Parts of his Majesty's Dominions. My Lords, as this my first Attempt was rash and unpremeditated, as I always used and promoted Moderation and Humanity towards my Fellow-Subjects, and as I did not obstinately persist in my Fault, but was the first who proposed an early Submission to his Majesty, I humbly hope my unhappy Case, and the deplorable Condition of my unfortunate Children, already deprived of their tender Mother, will raise a generous Compassion in your Lordships, and the Honourable House of Commons; and I most earnestly entreat both your Lordships, and that Honourable House, to become Intercessors with his Majesty in my behalf, for that Mercy which I was encouraged to hope for when I first surrendred, and which I have ever since with the utmost Confidence relied upon. I have only to add my most Solemn Assurance before this August Assembly, that no future time shall ever find me wanting in the most inviolable Duty and Gratitude to that merciful Prince who gives me my Life, and restores a Father to five miserable and distressed Orphans; and I shall always retain the highest Esteem and Veneration for your Lordships and the Honourable House of Commons. Lord Widdrington, for greater certainty I ask your Lordship whether you have pleaded any thing in Arrest of Judgment. No, my Lords, I have not. Earl of Nithisdale, what hath your Lordship to say for your self why Judgment should not pass upon you according to Law? MY Lords, I have confessed my self Guilty, relying only on His Majesty's Mercy; and I beg leave to assure your Lordships I was never privy to any Plot or Design against His Majesty's Person or Government, and was unprovided with any Necessaries for such a Purpose; but rashly and inconsiderately, with only four of my Servants, joined those who appeared in Arms in my Neighbourhood, and was one of the last who went unto them. At Preston, my Lords, His Majesty's Generals gave great Hopes and Encouragement to believe that Surrendering to His Majesty's Mercy was the ready way to obtain it, with repeated Assurances that His Majesty was a Prince of the greatest Clemency. Upon those Hopes and Assurances I submitted my self, and still entirely depend on His Majesty's Goodness, earnestly beseeching your Lordships and the honourable House of Commons, to intercede with His Majesty on my Behalf. And I solemnly promise your Lordships I shall, during the remainder of my Life, pay the utmost Duty and Gratitude to His Most Gracious Majesty, and the highest Veneration and Respect to your Lordships and the honourable House of Commons. I must also ask your Lordship (your Lordship's Voice not reaching thus far) whether you have pleaded any thing in Arrest of Judgment. No, my Lords, I have not. Lord Carnwath, what have you to say for your self why Judgment should not pass upon you according to Law? MY Lords, I shall not trouble this Great Assembly with a Repetition of what I said, when formerly before your Lordships and his Majesty's Council. I hope these Noble Lords entertain that favourable Opinion of my sincere Dealing then, as to believe that want of Experience and Knowledge of the Laws was the great Inducement of engaging me in this fatal and unhappy Undertaking. The only thing I can hope or wish for is his Majesty's Mercy; He has the Character of a merciful Prince: Should it please him to think me a proper Object for it, (tho' I must confess my self a very unworthy one) all I can say, my Lords, is, that the Remainder of my Life shall convince his Majesty, and all the World, of my true Penitence and Gratitude. My Lords, I am yet an unworthy Member of this great Body, the Peerage, now expecting your Lordships Judgment as to Life or Death: Should it be for Life, my Demeanour and Carriage for the future will be such, as none of your Lordships shall be asham'd of having shew'd me Compassion; But shou'd it be for Death, God's Will be done; To my last Hour I shall pray for the Nation's and your Lordships Prosperity; having this Comfort in my present Distress, that your Lordships are my Judges at this Tribunal: And yet a greater Comfort have I, that I am soon to appear before a Greater, where I can't despair of finding Mercy and Forgiveness for all my Sins. I beg God Almighty's Pardon for them: I have already ask'd his Majesty's, and I do it now; And I do humbly beg leave, once more, and perhaps the last Occasion that ever I shall have, to desire that your Grace, this noble House, and the honourable Commons of Great Britain, who are now here, would intercede with his Majesty for me. I take my Leave of your Lordships, And wish you all Happiness. Does your Lordship offer any thing in Arrest of Judgment? No, my Lords. Lord Kenmure, what have you to say for your self why Judgment should not pass upon you according to Law? MY Lords, I am truly sensible of my Crime, and want Words to express my Repentance. God knows I never had any personal Prejudice against his Majesty, nor was I ever accessary to any previous Design against him. I humbly beg my noble Peers and the honourable House of Commons to intercede with the King for Mercy to me, that I may live to show my self the dutifullest of his Subjects, and to be the Means to keep my Wife and Four small Children from starving; the Thoughts of which, with my Crime, makes me the most unfortunate of all Gentlemen. My Lord, your Voice not being heard to this End of the Court, I would know whether in what you have said you have offered any thing in Arrest of Judgment. No, my Lords. Lord Nairn, what have you to say for your self why Judgment should not pass upon you according to Law? I Am very sensible how unfit I am to plead my own Cause before your Grace (my Lord High-Steward) and this August Assembly, and therefore, tho' I could say much to extenuate the Crime for which I stand Impeached, yet I chuse rather to lay my whole Stress upon the King's Mercy for which he is so renowned, and which I was put in hopes of at the time of my Surrender. In Consideration whereof, and in Compassion to an afflicted Wife and Twelve Children, I still hope, by the Mediation of your Grace, my noble Lords, and the honourable House of Commons, I may obtain it, solemnly protesting, that in Gratitude for so signal a Deliverance, I will, to the End of my Life, remain a dutiful and obedient Subject to His most Gracious and Sacred Majesty King George. My Lord, for greater Certainty, I ask your Lordship whether you have offered any thing in Arrest of Judgment. No, my Lords. O Yes, O Yes, O Yes! Our Sovereign Lord the King strictly charges and commands all manner of Persons to keep Silence upon Pain of Imprisonment. JAmes Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount of Kenmure, William Lord Nairn, You stand Impeached, by the Commons of Great Britain in Parliament assembled, of High Treason, in Traiterously imagining, and compassing the Death of his most Sacred Majesty, and in conspiring for that end to levy a bloody and destructive War against his Majesty, in order to Depose and Murder him; and in levying War accordingly, and proclaiming a Pretender to his Crown to be King of these Realms. Which Impeachment, though one of your Lordships, in the Introduction to his Plea, supposes to be out of the ordinary and common Course of the Law and Justice, is yet as much a Course of Proceeding according to the Common Law, as any other whatsoever. If you had been Indicted, the Indictment must have been removed and brought before the House of Lords (the Parliament sitting). In that case you had ('tis true) been accused only by the Grand Jury of one County; in the present, the whole Body of the Commons of Great Britain, by their Representatives, are your Accusers. And this Circumstance is very observable (to exclude all possible Supposition of Hardship as to the Method of proceeding against you), That however all great Assemblies amongst us are apt to differ on other Points, You were Impeached by the unanimous Opinion of the House of Commons (not one contradicting). They found themselves, it seems, so much concern'd in the Preservation of His most truly Sacred Majesty, and the Protestant Succession (the very Life and Soul of these Kingdoms) that they could not omit the first Opportunity of taking their proper part, in order to so signal and necessary an Act of his Majesty's Justice. And thus the whole Body Politick of this free Kingdom has in a manner rose up in its own Defence, for the Punishment of those Crimes, which, 'twas rightly apprehended, had a direct Tendency to the everlasting Dissolution of it. To this Impeachment you have severally pleaded, and acknowledged your selves Guilty of the High-Treason therein contain'd. Your Pleas are accompanied with some variety of Matter, to mitigate your Offences, and to obtain Mercy. Part of which; as some of the Circumstances said to have attended your Surrender, (seeming to be offer'd rather as Arguments only for Mercy, than any thing in Mitigation of your preceding Guilt) is not proper for me to take Notice of. But as to the other part which is meant to extenuate the Crimes of which you are convicted, it is fit I should take this Occasion to make some Observations to your Lordships upon it; To the end that the Judgment to be given against you may clearly appear to be Just and Righteous, as well as Legal; and that you may not remain under any fatal Error in respect of a greater Judicature, by reflecting with less Horror and Remorse on the Guilt you have contracted than it really deserves. It is alledg'd by some of your Lordships, that you engaged in this Rebellion without previous Concert or Deliberation, and without suitable Preparations of Men, Horses and Arms. If this should be supposed true, on some of your Lordships averring it; I desire you to consider, that as it exempts you from the Circumstance of contriving this Treason, so it very much aggravates your Guilt in that part you have undoubtedly born in the Execution of it. For it shows, That your Inclinations to Rebel were so well known (which could only be from a continued Series of your Words and Actions) that the Contrivers of that Horrid Design depended upon you, and therein judg'd rightly: That your Zeal to engage in this Treason was so strong, as to carry you into it on the least Warning, and the very first Invitation: That you would not excuse your selves by want of Preparation, as you might have done; And that rather than not have a share in the Rebellion, you would plunge your selves into it, almost naked and unprovided for such an Enterprize: In short, That your Men, Horses, and Arms were not so well prepared, as they might, and would have been on longer Warning; but your Minds were. It is alledg'd also as an Extenuation of your Crime, that no cruel or harsh Action (I suppose is meant no Rapine or Plunder, or worse) has been committed by you. This may, in part only, be true. But then your Lordships will at the same time consider, that the laying waste a Tract of Land bears but a little proportion in point of Guilt, compared with that Crime of which you stand convicted; an open Attempt to destroy the best of Kings, to ruin the whole Fabrick, and raze the very Foundations of a Government, the best suited of any in the World, to perfect the Happiness, and support the Dignity of Human Nature: The former Offence causes but a Mischief, that is soon recover'd, and is usually pretty much confin'd; the latter, had it succeeded, must have brought a lasting and universal Destruction on the whole Kingdom. Besides, much of this was owing to Accident; your March was so hasty, partly to avoid the King's Troops, and partly from a vain Hope to stir up Insurrections in all the Counties you passed through, that you had not time to spread Devastation, without deviating from your main, and, as I have observ'd, much worse Design. Farther. 'Tis very surprizing that any concern'd in this Rebellion should lay their ingaging in it on the Government's doing a necessary, and usual Act in like cases, for its Preservation; the giving Orders to confine such as were most likely to join in that Treason: 'Tis hard to believe that any one should Rebel, merely to avoid being restrain'd from Rebelling; or that a gentle Confinement would not much better have suited a crazy State of Health, than the Fatigues and Inconveniencies of such long and hasty Marches in the depth of Winter. Your Lordships rising in Arms therefore, has much more justify'd the Prudence and Fitness of those Orders, than those Orders will in any wise serve to mitigate your Treason. Alas! happy had it been for all your Lordships had you fallen under so indulgent a Restraint! When your Lordships shall in good earnest apply your selves to think impartially on your Case, surely you will not your selves believe, that 'tis possible, in the nature of the thing, to be engaged, and continue so long engaged, in such a difficult and laborious Enterprize, through Rashness, Surprize, or Inadvertency: Or that, had the Attack at Preston been less sudden, (and consequently the Rebels better prepared to receive it) your Lordships had been reduced the sooner, and with less, if not without any Bloodshed. No, my Lords; these, and such like, are artful Colourings proceeding from Minds fill'd with Expectation of continuing in this World; and not from such as are preparing for their Defence before a Tribunal, where the Thoughts of the Heart, and the true Springs and Causes of Actions, must be laid open. And now, my Lords, having thus removed some false Colours you have used; To assist you yet farther in that necessary Work of thinking on your great Offence as you ought, I proceed to touch upon several Circumstances that seem greatly to aggravate your Crime, and which will deserve your most serious Consideration. The Divine Virtues ('tis one of your Lordships own Epithets) which all the World as well as your Lordships acknowledge to be in His Majesty, and which you now lay claim to, ought certainly to have with-held your Hands from endeavouring to depose, to destroy, to murder that most Excellent Prince; so the Impeachment speaks, and so the Law construes your Actions; and this is not only true in the Notion of Law, but almost always so in Deed and Reality: 'Tis a trite, but very true Remark, That there are but few Hours between Kings being reduced under the Power of Pretenders to their Crown, and their Graves. Had you succeeded, His Majesty's Case would, I fear, have hardly been an Exception to that general Rule, since 'tis highly implorable, that Flight should have saved any of that Illustrious and Valiant Family. 'Tis a farther Aggravation of your Crime, that his Majesty, whom your Lordships would have Dethron'd, affected not the Crown by Force, or by the Arts of Ambition, but succeeded peaceably and legally to it; and on the Decease of her late Majesty without Issue, became undoubtedly the next in course of Descent capable of succeeding to the Crown, by the Law and Constitution of this Kingdom; as it stood declared some Years before the Crown was expresly limited to the House of Hanover. This Right was acknowledg'd, and the Descent of the Crown limited or confirmed accordingly, by the whole Legislature in two successive Reigns; and more than once in the later, which your Lordships Accomplices are very far from allowing, would biass the Nation to that side. How could it then enter into the heart of Men, to think that private Persons might with a good Conscience endeavour to subvert such a Settlement, by running to tumultuary Arms; and by intoxicating the dreggs of the People, with contradictory Opinions, and groundless Slanders; or that God's Providence would ever prosper such wicked, such ruinous Attempts? Especially if in the next place it be consider'd, that the most fertile Inventions on the side of the Rebellion, have not been able to assign the least shadow of a Grievance as the Cause of it: To such poor Shifts have they been reduced on this Head, that for want of better Colours, it has been objected, in a solemn manner, by your Lordships Associates, to his Majesty's Government; That his People do not enjoy the fruits of Peace as our Neighbours have done since the last War: Thus they first rob us of our Peace, and then upbraid us that we have it not. 'Tis a Monstrous Rebellion that can find no fault with the Government it Invades, but what is the Effect of the Rebellion it self. Your Lordships will likewise do well to consider what an additional Burthen your Treason has made necessary on the People of this Kingdom; who wanted, and were about to enjoy some Respite: To this end, 'tis well known, that all new, or encrease of Taxes, were the last Year carefully avoided, and his Majesty was contented to have no more Forces than were just sufficient to attend his Person, and shut the Gates of a few Garrisons. But what his Majesty thus did for the Ease and Quiet of his People, you most ungratefully turn'd to his Disadvantage, by taking Encouragement from thence, to endanger his and his Kingdoms Safety, and to bring Oppression on your Fellow-Subjects. Your Lordships observe I avoid expatiating on the Miseries of a Civil War, a very large and copious Subject; I shall but barely suggest to you on that Head, that whatever those Calamities may happen to be in the present case, All who are at any Time or in any Place Partakers in the Rebellion (especially Persons of Figure and Distinction) are in some degree responsible for 'em: and therefore your Lordships must not hold your selves quite clear from the Guilt of those Barbarities which have been lately committed, by such as are engaged in the same Treason with you, and not yet perfectly reduced, in burning the Habitations of their Countrymen, and thereby exposing many Thousands to Cold and Hunger in this rigorous Season. I must be so just to such of your Lordships, as profess the Religion of the Church of Rome, that you had one Temptation, and that a great one, to engage you in this Treason, which the others had not; in that 'twas evident, Success on your part must for ever have establish'd Popery in this Kingdom, and that probably you could never have again so fair an Opportunity. But then, good God! how must those Protestants be cover'd with Confusion, who enter'd into the same Measures, without so much as capitulating for their Religion (that ever I could find from any Examination I have seen or heard) or so much as requiring, much less obtaining a frail Promise, that it should be Preserv'd, or even Tolerated. It is my Duty to exhort your Lordships thus, to think of the Aggravations as well as the Mitigations (if there be any) of your Offences; and if I could have the least Hopes, that the Prejudices of Habit and Education would not be too strong for the most Earnest and Charitable Entreaties; I would beg you not to rely any longer on those Directors of your Consciences, by whose Conduct you have, very probably, been led into this miserable Condition; but that your Lordships would be assisted by some of those Pious and Learned Divines of the Church of England, who have constantly bore that infallible Mark of sincere Christians, Universal Charity. And now, my Lords, nothing remains, but that I pronounce upon you, (and sorry I am that it falls to my Lot to do it) that terrible Sentence of the Law, which must be the same that is usually given against the meanest Offender in the like Kind. The most ignominious and painful Parts of it are usually remitted by the Grace of the Crown to Persons of your Quality; but the Law in this Case being deaf to all Distinctions of Persons, requires I should Pronounce; and accordingly it is adjudg'd by this Court, That you, James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, and every of you, return to the Prison of the Tower from whence you came; from thence you must be drawn to the Place of Execution; when you come there, you must be hang'd by the Neck, but not till you be Dead; for you must be cut down alive, then your Bowels must be taken out, and burnt before your Faces; Then your Heads must be sever'd from your Bodies, and your Bodies divided each into four Quarters; and these must be at the King's disposal. And God Almighty be Merciful to your Souls! O Yes! Our Sovereign Lord the King strictly Charges and Commands all manner of Persons to keep Silence, upon Pain of Imprisonment. Then the Lord High Steward stood up uncover'd, and declaring there was nothing more to be done by Vertue of the present Commission, broke the Staff, and pronounced it dissolv'd: And then leaving the Chair, came down to the Wooll-Pack, and said, Is it your Lordships Pleasure to Adjourn to the House of Lords? Ay, Ay. And then the House Adjourn'd to the House Above, and the Lords and others returned in the same Order they came down.

Law

THE WHOLE PROCEEDING In WESTMINSTER-HALL, UPON THE IMPEACHMENT AGAINST James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn.

The whole Proceedings to Judgment upon the Articles of Impeachment of High Treason [...]

LawA1723

Die Mercurii 24[deg] Aprilis 1723. THE House (according to Order) took into Consideration the Report from the Lords Committees, to whom the Report and Original Papers delivered by the House of Commons at several Conferences, were referred; and who were Impowered by this House to Examine Christopher Layer and such other Persons as they from time to time should think proper: And the said Report being read, It is resolved by the Lords Spiritual and Temporal in Parliament Assembled, That this House is fully satisfyed and convinced, That a Detestable and Wicked Conspiracy has been formed and carried on, for solliciting a Foreign Force to Invade these Kingdoms, for Raising a Rebellion, and inciting Insurrections in London, and divers other Parts of Great Britain, and even for laying Violent Hands on the Sacred Person of His Majesty, and on His Royal Highness the Prince of Wales, in Order to Destroy Our Religion and Happy Constitution, by placing a Popish Pretender on the Throne. Ordered, by the Lords Spiritual and Temporal in Parliament Assembled, That the Thanks of this House be given, by the Lord Chancellor, to the said Lords Committees, for their having Discharged the Trust in them Reposed, with great Exactness, Care, Fidelity, and Candor. Thereupon, The Lord Chancellor addressing himself to the Lords of the said Committee, (viz. Duke of Montrose, Duke of Dorset, Earl of Lincoln, Earl of Scarborough, Earl of Islay, Lord Viscount Lonsdale, Lord Viscount Torrington, Lord Bishop of Sarum, Lord Bishop of Lincoln) gave them the Thanks of the House in the following Words: I Am commanded by the House to give your Lordships the Thanks of this House, for your having discharged the Trust reposed in you, with great Exactness, Care, Fidelity, and Candour. My Lords, The Trust was as great as ever was reposed by this House in any of its Members. The Subject Matter of your Inquiry, a Conspiracy the most Dangerous as well as Detestable, big with Mischiefs of all kinds, and destructive of every thing that is valuable amongst us; carried on and managed in a new devised Method, with the utmost Cunning as well as Wickedness, and covered with all the Disguises the most artful Dexterity could contrive: and which therefore required the greatest Penetration and Skill to lay open. And the Papers, some of them of such Nature, that it was thought fit to refer them to your Lordships, lock'd up as they were, without reading them in the House. My Lords, Your Lordships have fully answer'd the Expectations the House entertained, when they pitched upon you for this Trust. Your Application in going thro' so many Papers of affected and studied Obscurity; your Candour and Exactness in Examining the Persons concern'd, or any way capable of giving any Satisfaction, and in representing what they said; the Accuracy and Judgment of your Remarks; the Light you have so happily given to several Passages in the Report of the Committee of the Commons, which, tho' in themselves just, were yet liable to Cavils, by such as were loath to have the Truth found out, give, I dare say, a sensible Pleasure to every Lord here, that has heard your Report read, and finds himself thereby enabled to form a Judgment with so entire Satisfaction to himself, concerning this abominable Work of Darkness, which the Actors have endeavoured to surround with impenetrable Obscurity. This noble Pleasure, of seeing the Truth, notwithstanding so many Contrivances to hide it, and of being thereby enabled to come to right Resolutions in a Matter of such Importance, has very naturally and agreeably broke out into so unanimous a Resolution of returning the Thanks of this House to your Lordships, to whom they so much owe it. And in Obedience to their Commands, I do, with particular Pleasure, give your Lordships the Thanks of this House, for your having discharged the Trust in your Lordships reposed, with great Exactness, Care, Fidelity, and Candour. ORdered, by the Lords Spiritual and Temporal in Parliament Assembled, that the said Report from the Committee, and the Appendix thereunto; together with the Resolution of this House upon Consideration of the said Report, and the Order for giving the Thanks of this House to the said Lords Committees, and the Thanks given by the Lord Chancellor to their Lordships pursuant to the said Order, be printed and published; and that the Lord Chancellor do give Order for forthwith Printing and Publishing the same, and that no Person do presume to print the same but such as shall be appointed by his Lordship.

Law

A report from the Lords Committees [...] who were impowered by the House of Lords to examine Christopher Layer [...]

LawA1732

THAT Happiness is infinitely preferable to Misery, is a Truth, which every intelligent Being will allow, and every good Being will prove by Action. However differently Men may conceive about other Things, in this they will all unanimously agree, as a Point that admits of no Debate. The various Methods they take to procure Pleasure demonstrably shew they love it above Pain. And though they may mistake in their Choice of Objects, yet none choose the latter for its own Sake. For this Reason it is, that God being infinitely Wise and Good, and uncapable of erring in his Judgment of Things, could form Mankind for Happiness only; and could have no other View in creating them, than to diffuse Bounty and Goodness among them, and communicate such a Variety of Pleasures, as might be suitable to their compound Nature. To say that he formed any of them for Misery, is to say he is neither Benevolent nor Wise, since that of itself, could answer no wise End. Or to affirm that he works upon them like Machines, and determines them always in their Choice of Things, is to deny they are indued with Reason or Understanding, or subject either to Rewards or Punishments. That there can be no true Happiness but in the Way of Liberty, is a Truth, I believe, next to Demonstration. And that there can be no Liberty without Free-agency, is as certain and evident, as that Liberty is Freedom. The Pleasure we receive from external Objects, must be suited to the Appetite we intend to gratify. And that which results from the Actions of our Lives, whenever we would have it intense or durable, must be supposed adapted to to to our reasonable Faculties, and to spring from a Consciousness of having done well. But, if we had no Liberty to choose in either respect, we could have no Relish of Pleasure or Happiness. Upon these Accounts the Divine Being, through his innate Wisdom and Goodness, formed Mankind naturally free, that they might perceive the Difference between Good and Evil; and that the Happiness he designed them, here and hereafter, might, in some Measure, depend upon the right Exercise of their Faculties, and the wise Choice they made of such Objects, as they might be conversant among. And therefore as he formed them after such a Manner, they must all have a natural Claim to Liberty, an equal Right to persue Happiness, and to take such Methods for the Security of both, as in their own Nature are equitable and just. Hence it is, that they being sensible of this Truth, and knowing the kind Intentions of the Deity concerning them, have commonly formed themselves into Civil Societies, that they might secure the Privileges of their Free-born Nature, from all Attempts that might be made to Invade them. And knowing that these might be improved to Advantage, have generally elected some proper Person or Persons, to whom they commit the Government of their Affairs; whom they intrust with their common Power, and support out of their common Expences, for their general Advantage and Welfare. Every Society thus formed, is to be considered as a Body Politick, wherein all the Members are to consult the Good of the Whole, and not do any thing might damage any Part, however it might tend to their own private Benefit. And as each one may be supposed to have a Share in the Choice of such Person or Persons as by publick Consent are authorized to Govern; as he trusts them with his Power, and contributes to their Support; he has, in Consequence of that, while he behaves well, a Claim not only to Protection and Defence, and to be secured from Injury, Violence and Oppression; but also to partake of all such Advantages, as accrue from the Government so erected and maintained; and as are common to others of the same Society. Nor is there any thing, but an Evidence of an injurious Behaviour, can cut him off from it, or, justly deprive him of it. Mean time we are not to imagine, that every individual Person, who is a Member of the Community, and a Good Subject, must be preferr'd to Posts of Honour or Profit, or intrusted with the ordering of publick Affairs; for that, in the Nature of Things, is not possible; or if it were it might sometimes be imprudent, since Honesty alone is not a sufficient Qualification; and since it is not material to a Society, whether a Man through Indolence or Design mismanages a Trust, providing in Reality he does not manage it. That there should be some inferiour Stations in Life, is as reasonable and fit, as there should be others superiour. Persons in both need each others Assistance; and their Interests ought not to be looked upon as opposite. And, as Government is necessary to the Welfare of a People, it is requisite there be different Classes of supreme and subordinate Rulers in it, for the better accomplishing the Designs of it, and facilitating the Management of publick Affairs, which, otherwise, could not be done to Advantage. But all cannot be Magistrates; nor advanced to Offices of Dignity and Honour. To suppose such a thing would be as absurd, as to expect or look for it, would be ridiculous, The Principle, then, which I have laid down, will not, I believe, be understood in such a large and unlimited Sense, as if every Citizen or Member of a Society, who behaves well or does the Duty of a Subject, should, for that very Reason, be preferred or advanced. But only, that no one in it, who answers this Character, whose Capacity is equal to his Neighbour's, and who is well qualified for serving his King and Country, should be debarred or excluded from it, for his Religious Sentiments, unless they are dangerous to the Publick Welfare: But he ought to have an equal Chance with others, as he stands upon the same Foundations of Claims. The Rights of Subjects to their temporal Interests are natural, because the Lord of Nature allows them. And their Rights to those which are spiritual, are natural, because the same Indulgent Parent grants them. Neither of them owe their Original to the Decisions of the Majority; because Nature is prior to any Civil Constitution, and Men are first in their natural Capacity, before they incorporate in Neighbourhood and Commerce, or form any Scheme of Government among them. The Primary Design of Authority and Laws, is to maintain the Privileges of the Society, who associate on the Foundation of natural Equality; and either to advance each Member to, or secure him in the Possession of his Rights. So that if any Person invades another's Property, whether by Rapine or Violence, Oppresion or Fraud, or by any other unwarrantable Methods; the same Authority can punish him for it: And this very Punishment is founded in Justice; as 'tis intended to secure the Happiness of the whole Body, which all it's good Members have a natural Claim to, and for the Preservation of which they unite their respective Interests. But the Rights themselves are centred in Equity (which is an independent thing,) and can only receive a Sanction from the Civil Power, so far as they appear to be valid in themselves. And without this Concession, it would necessarily follow, either that no Laws or Statutes could be just, though they might bear the Stamp of Authority; or else, that all enacted by a former Authority, be they ever so pernicious in their Nature and Tendency, should be looked upon as sacred and immutable, and incapable of being repealed by a subsequent Legislature. Both which would not only reflect upon the best Government in the World; but would also so limit them in the Exercise of their Power, that they could not employ it for the Publick Good. Hence it follows, that Government is not (as the Author of The Dispute Adjusted, foolishly asserts) founded on the Abridgment of natural Rights, but upon these considered in their full Extent, it being the Right of every good Subject to bear a Part in erecting it; as he discovers no Designs, and maintains no Principles that are destructive to the Society. Whereas if any one discovers such Designs, or maintains such Principles, or gives Occasion to suspect his Capacity for Service, he cannot possibly have any such natural Right, but is cut off from it by the Laws of Equity, and therefore may be incapacitated by the Laws of the Community. And this is the Reason why a Papist is disabled from enjoying such Privileges as are common to others. It is not merely because he is not a Churchman, but because his Principles make him a professed Enemy to the Society, and prove him no Subject, but rather a Rebel. And therefore as he has no Claim to a Subject's Right, it is just in the Law to deny it him until his changing his Principles entitles him to it. And this is the Reason too, why some Protestants, are disqualified for being Representatives of their Country. It is not, sure, because they are Protestants, but because their low Circumstances incapacitate them for Service, and render them obnoxious to Bribery and Corruption, and liable to betray, or at least to mismanage a Trust, which they have no Right to dispose of as they please, when it might vastly prejudice those they would represent. And therefore they are cut off by the Law of Equity, which the Civil Power might inforce by Authority. Nor is there any Abridgment of natural Rights in either of these. Much less are they Cases in the least parallel to what the Adjuster compares them, as any unprejudiced Person will easily perceive. For the not receiving the Sacrament in the Church, cannot incapacitate incapacite any Man from serving his Country; nor deprive him of any natural Right. Whereas either his being a Papist, or being in low Circumstances, may unfit him for several Offices or Posts, and cut him off from any Claim to them, until he is possessed of such Qualifications as in the Nature of Things put him into a Capacity of managing them. I must assure this Author (who appear to be a Papist, or something worse) that on these Principles, which I have advanced, our present Constitution is entirely founded, is built as on the firmest Basis, and rnd rests as safe as it is happy and glorious. To these (maintain'd under God) are owing our Prosperity and Freedom, and all the Advantages we enjoy beyond other Nations, which make us the Envy of all Europe, and a Terror to the whole World about us. Nay, to these (asserted by brave and magnanimous Heroes) not only our own publick and private Felicity is to be attributed; but that also which the World partakes of. All it's Inhabitants taste the Fruits of our Liberty, subsist, in some measure, by our extensive Freedom, which we improve into Principles of Generosity and Benevolence, and diffuse among them with a bounteous Hand. And, therefore, I think we may justly infer, (let the Adjuster think what he pleases) that, if ever there should be a Change of Government, and the Papists should gain the Mastery over us, obliging us to unreasonable Terms of Communion, as a Test of Orthodoxy, or a Civil Qualification, without complying wherewith we must forfeit our Immunities, and be looked upon as having no Claim to them; their Methods of treating us would be very unfair, and contrary to all the Rules of Justice. And, Yet, if ever they got uppermost they would undoubtedly take such Methods with us, make a Monopoly of Common Rights, and confine them wholly to their own Party, because they reckon themselves the Church. Now would not this be very unreasonable in them and contrary to every Thing that is Civil or Humane? Most certainly it would. For why should they imagine that we must think or believe just as they do, or that our Principles should exactly chime with theirs? There is no Reason, sure, to expect it from us. Nor can any of them, even the Pope himself, have a Right to demand it. Our Understandings are as much our Property as our Estates; and they might as well pretend to deprive us of the Use of the latter, as of the former. And therefore their proposing publick Order and Peace, and the Advancement of Religion in their National Church, could never justify them in establishing it, upon Terms which would destroy our proper Privileges; because these can no more depend upon a Conformity of our Sentiments (while they are innocent) to those of a Majority or a Party, than they can upon the Resemblance of our Faces, or the Similarity of our Noses with their's. This the Adjuster might easily see, if he regarded any thing that is just or honourable. As every Man receiv'd his Being from God, and was distinguish'd by him from the brutal World, he's accountable to him for his whole Conduct, and answerable to him alone for his Religion. Upon the good or bad Improvement he makes of his Faculties, his Happiness or Misery, hereafter, must depend. And accordingly as he obeys the Voice of Reason and Conscience, so must it eternally fare with him. But as God alone will be his Judge; as future Happiness is of the highest Importance to him, and infinitly preferable to all temporal Interests; therefore Religion must be his chief Concern, and shou'd be always allowed him as a Matter of free Choice; since it is as much his Claim, as any other thing he can, possibly, be intitled to, or possess'd of. And consequently it would be ungenerous, to say no worse, to force or even tempt him either to give up one right, or to deprive him of another. 'Tis possible, they might tell us, that Religion ought to be their principal care, the Church of God always protected, and the Laws of the Land on its Side, and in its Favour. And this is really no more than Truth, and what many of us would frankly allow. But certain it is, at the same time, that Persons of every Denomination whatever, whether Christians or Infidels, who are sincere in their Sentiments, unbiass'd in their Judgments, and virtuous in their Practice, do all belong to the Church of God, and in some Sense might be said to be Believers. And my Reasons for this Assertion are, that they, who live up to this good Character, make the best Use of their own Understandings they can, which the Gospel was intended to bring them to, and which could be the only Design of any Revelation; and withall they act agreeably to their Belief of Things, which are the Terms of Acceptance required in the Gospel, and the only Qualification for the Divine Favour. And as the Scriptures allow a bare Belief to be of no Importance, without a Conversation answerable to it, therefore it must be a Man's Practice that chiefly recommends him. Consequently, every one who acts an honest Part, who rationally and impartially judges of Things, and lives a good Life, is equally with others intitled to the Favour of God, since he believes all that any Being could require of him. Besides, the Church and Religion, in this Respect, are one, though Mens private Sentiments be ever so different; since every Person acts according to his own Judgment, which could only be the Case, if all were of one Mind, or were ever so Unanimous in their Way of Thinking. And for these and other Reasons, that I could mention, it is strange and surprizing, methinks, that the Adjuster, and others of the Papists who live among us, and have so great Opportunities of Improvement, should entertain so unworthy Notions of the Deity and Religion, as to imagine the Church is confined to a Party. What is this but making an Idol of Stone, and worshipping the Works of their own Hands? We are now, blessed be God, free from their Iron Yoke, not subject to their Authority; but are established on Principles of genuine Liberty, which makes us the Glory of the whole Universe, and our OEconomy to bear the nearest Resemblance to Heaven's. Nor is there, scarce, any Thing wanting to complete our Felicity, but that which I shall now briefly mention, and which, if rectified, would perfectly finish it. We have, for a considerable Time, even since the Twenty-fifth Year of King Charles II, been under Obligations which tho' design'd for our Good, do really tend to our Disadvantage upon the whole, and are a sort of Embarrassments upon the best Subjects. I need not be more particular in my Account of this Affair, because, I am persuaded, every one understands it. How lamentable is it, that a Clergyman who may be supposed to understand his Master's Will, and know Christ's End in dying for the World, is obliged, against Reason and Conscience, to give the Sacrament to Reprobates, purely because he is ordered to do it? Or how great a Profanation must it be of the Ordinance that he must be bound to administer it to a downright Unbeliever, when he thinks he ought not to be admitted to it? Must it not be a deadly Sting to his tender Conscience, and rob him of his inward Peace and Repose; nay, of all the Happiness and Liberty, which by the Laws of Nature and of God, he is intitled to? Undoubtedly it must. For tho' I am of Opinion, (and say it for the Good of Christians in general, and the poor Clergy in particular) that any Person who desires the Sacrament at their Hands, be he ever so immoral in his Life, should have it given him, the principal Intent of it being to perpetuate the Memory of the Death of Christ, who died to confirm the Revelation he gave us, and suffered in the Cause of Virtue for our Imitation of his Example, which a wicked Man has most Reason to imitate; yet as every one cannot, perhaps, have the same Faith with me, nor the same Clearness to do what I could, 'tis pity he should be obliged to obey a Diocesan contrary to his own Persuasion of the Thing. It were better for him there were no Establishment, than thus to be establish'd in Confinement and Misery. And I wonder indeed, that the Clergy in general (at least the inferiour Part of them) do not give in their humble Petition, that the Test Act may be repealed, and that they may be freed from the great Incumbrances and Uneasinesses they suffer by it. But, It is still more deplorable, that a Person who is a Christian by Profession, a Protestant in Principles, and dissents from the Church, only, for her Ceremonies, which he cannot safely comply withall, shall for that very Reason be cut off from his Share of Common Rights, or be marked with a Stigma of Disloyalty, when he is a Staunch Friend to the present Constitution. This cannot be conformable to the Religion of Jesus, nor agreeable to that Justice and Charity, Lenity and Forbearance, which it earnestly recommends; and that gentle and good Spirit which it every where breaths. On the contrary 'tis punishing Persons for acting according to their Consciences, which no Power in Heaven or Earth can warrant. But, Perhaps it will be said, that they who dissent from the Church or don't conform to her rules are not punish'd; but all good Subjects are allow'd Liberty of Conscience, and to think and speak their own Sentiments without being, in the least molested, or disturb'd for it. And, in answer to this, we may observe; it is as true and certain, that a Man suffers by an absent Pleasure as well as by a present Pain, as that the latter is the Privation of the former. Remove the one and you give him the other, or give him one, and you take away, t'other. This, I believe, can admit of no dispute. But every Retrenchment of common Rights, or the monopolizing them to one Party, is a Kind of Punishment which the Deprived suffer. It prevents them from enjoying that Pleasure and Happiness which they might receive by them, or, even, by the Hopes of them, both which such Retrenchments entirely frustrate. And if they do nothing at all to forfeit them, then, such Punishment is very unjust. Now, this is exactly the Case of the Dissenters at present; and a melancholy Case it is, upon several Accounts. They are excluded the Benefit of some natural Rights, because they will not consent to part with others; which, they imagine, is not agreeable to the Laws of Equity, especially when it throws such glaring Reflections on them and singles them out as Enemies to the State. And though I love the Established Church as well as any Man, yet I cannot but say, the Dissenters have some Ground for Complaint. They have always behav'd like Good Subjects, and been active and cordial in the Cause of Liberty, which is the grand Support of our present Constitution: And therefore it is pity they should be so stinted in the Fruits of their own Labour, or taste so little of the Hapiness we enjoy. If Clarke or Woolaston were living, they would say this is acting contrary to Reason and Truth; (And tho' they are dead they yet speak it to us) because 'tis treating those like dangerous and profess'd Enemies, who should be valued, and esteem'd, and encourag'd as, in truth they are, the firmest Friends we have. I know it has been alledged, that the Test Act has been the Security of the Church; and whenever it is repealed, the Church will be in Danger. But this cannot possibly be made appear to be true. On the contrary, it will be found to be the Discredit and Ruin of it. And by the Church here, I shall, for the Sake of one Party mean, only, the Establish'd Church. And what Service, I pray, has the Test Act done dont it? Has it not crowded it with Numbers of Persons, like the Adjuster, with popish Souls in protestant Bodies, who could see it sunk down the Stygian Lake; and who make no Scruple of conforming to her Rules, because they believe they at any time have an Indulgence for it? And does it not make the Dissenters on some accounts prejudic'd against her, and look upon her as an uncharitable Body, that denies Liberty and Property to her Neighbours? For tho' it might be said, that the Church is not so Chargeable with it, and that is the Civil Power has order'd things to be as they are; yet while there are so many B--ps in P---t whose Power and Influence are so extensive the Church (tho' the best part would rejoyce at the News of a Repeal) will always bear the blame of it; and the Dissenters will think they suffer by her. Whereas if their grievances, in this respect, were redress'd, they woud not only have a better Opinion of the Church, but wou'd Love her Ministers as they do their own, and make very little distinction between them. After all, it is a melancholy Reflection that the Christian Sacrament, which was intended to mind us of our Obligations to the Deity, and to improve us in the Practice of Moral Virtue, should be prostituted to the low Purposes of secular Interests. This is very contrary to the Institution of it. It is inverting the very Order and Nature of Things; making the future World subservient, or rather inferiour to the present; and Heaven itself a Handmaid to Earth. The greatest Enemy to the Christian Religion (which I firmly believe of divine Original) is the great Profanation of this Ordinance. It causes many, when they see it used as a Test, imagine it nothing but a political Engine, no ways binding the Consciences of Men, but as their temporal Interest leads them. Nay, it is certainly the Occasion of the Growth both of Popery and Deism; because cecause wherever Men see it thus prostituted to every mean and common Use, it confirms them in their Belief there is nothing in Religion; which makes them take up with any Scheme of it, when they have Lave a Prospect of Pleasure or Gain. And this leads them on to a Dissolution of Manners, Contempt of moral Obligations, and all the Wickedness which destroys Society, to the great Dishonour of Almighty God, and the vast Discredit of the Gospel of Christ. And now let any Man judge, if such a Thing can be the Security of a Church, which is so destructive of Virtue and Happiness: Which tempts some Men to sin against Light, others to violate the Laws of Conscience; some to contemn every thing that is sacred, others to believe there is no Religion. Let him divest himself of all Prejudices of Bigotry and Party, Education and Interest, and let him judge impartially of the Nature and Consequences of it; and, I am perswaded, he will find it the Bane of Christianity. For these Reasons which I have (and others I might have) advanc'd, many in the Church desire the Repeal of it. They see the several Grievances which now attend it; and are under no Apprehensions of Danger, in case it were null'd. They know our Lawgivers to be Men of Renown, and sufficiently qualified to defend them from Popery, by substituting another Act in lieu of the Test. And, therefore, I think it need be no Dispute with any Man, or Society of Men, whether or no they should push for the Repeal of it; or whether now is a proper Time for it. Of this the Legislature are the best Judges, and can only know it when it comes before them. Yet, some Men are always as timorous of Pushing, as if they had a desperate Adversary before them, and dreaded the Danger of a Home-thrust. But If ever there can be a proper time for the Tryal of this affair, 'tis certainly now, when we are not disturb'd with the noise of War abroad, nor with a factious and Party Spirit at home, but enjoy perfect Tranquillity and Peace, and are easie and quiet among ourselves. And when, besides, we have such Noble and Illustrious Senators who are as Remarkable for their Love of Liberty, as they are Celebrated for their Consummate Wisdom and Vigilance, and hearty concern for the Publick Welfare. So that there can be no excuse for now deferring it, but what will eternally appear as plausible as Now. Let us therefore stand fast in this true faith; quit ourselves like Men when we are call'd to it; and be strong in a Cause on which so much depends.

Law

THE Rights and Liberties OF SUBJECTS Vindicated.

The rights and liberties of subjects vindicated: in answer to the adjuster of the dispute about the proper time of applying for a repeal of the Corporation and Test Acts [...]

LawB1649

BEing on the 7 of this instant June 1649 informed by the Assessors of the Parish of Swainswicke, that I was assessed at 2l. 5.s. for three months Contribution, by vertue of a (pretended) Act of the Commons assembled in Parliament, bearing date the 7 of April last, assessing the Kingdom at ninty thousand pounds monthly, beginning from the 25 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 3075l. 17s. 1 d.ob. is monthly imposed on the County, and 2l. 5s. 3d. on the small poor Parish where I live; and being since on the 15 of June required to pay in 2l. 5s. 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 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 See my humble Remonstrance against Shipmoney. 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 sullennesse; 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 unter 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 OV 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 Statues of the Realm; as is undeniably evident by the expresse Statues of Magna Charta, cap. 29. 30. 25. E. 1.c.5,6. 34. E. 1. De Tallagio non concedendo c.1. 21. E. 3. Rot. Parl. n. 16. 25. E. 3. c.8. 36. E. 3. Rot. Parl. n. 26. 45. E. 3. Rot. Parl. n. 42. 11. H. 4. Rot. Parl. n.10. 1. R. 3. c. 2. The Petition of Right, and Resolutions of both Houses against Loans, 3. Caroli: The Votes and Acts against Ship-money, Knighthood, Tonnage and Poundage, and the Star-chamber this last Parliament, 17. & 18 Caroli. And fully agreed and demonstrated by Mr. William Hackwell in his Arguments 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 2 Instit. (published by Order of the Commons House) pag. 59. 60. &c. 527. 528. 529. 532. 533, &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, Law 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 1. H. 4. Rot. Parl. n. 1. by the Parliment of 4. H. 4. and 1. H. 5. Rot Parliam. n. 26. Cook 4 Institutes p.46.and 4.E.4.44.b. For the King being both the Head, beginning, end and foundation of the Parliament (as Modus tenendi Parliamentum: and Sir Edward Cooks 4. Instit. p. 3. resolve) which was summoned and constituted only by his Writ now See 1 E. 6. cap. 7. Cook 7. Report. 30. 31. Dyer 165. 4. E. 4.23.44. 1 E. 5.1. Brook Commission. 19.21. actually abated by his death: and the Parliament (as is evident by the clauses of the severall Writs of Summons to Cromptons Jurisdiction of Courts, fol. 1. Cook 4. Instit. p. 9.10. 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 PARLIAMENTUM NOSTRUM veniendo, &c. quod sommoneri FECIMUS, ad tractandum ibidem super diversis & arduis Negotiis NOS & Statum REGNI NOSTRI tangentibus , as the tenor of the 5. Ed. 3. 6. part. 2. Dors. Claus. Regist. f. 192.200. 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. 7.2.3.) And his Heirs and Successors they cannot be, unlesse he please to make them so by his new Writs and Commissions, as all our 4 Ed. 4.44. 1 E. 5.1. Brook Commissions. 19.21. & Officer, 25. Dyer. 165. Cook 7. Report. 30.31. 1 E. 6. c.7 Daltons Justice of Peace. c. 3. p. 13. Lambert p. 71 Law-Books and Judges have frequently resolved upon npon this very reason, which equally extends to Members of Parliament, as to Judges, Justices and Sheriffs, as is agreed in 4 E. 4.43.44. and Brooke, Office and Officer, 25. 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 1640, was resolved to be by both Houses of Parliament, and those adjudged high Delinquents who had any hand in promoting it. 2. Admit the late Parliament stil in being, yet the House of Peers, Earles and Barons of the Realm were no ways privy nor concenting 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 1640. 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, 17. Caroli: with all our printed Statutes, 14. R. 2. n. 15. 11. H. 4. n. 30. 13. H. 4. n. 25. Parliament Rolls, and 4. H. 7.18. b. 7. H. 7. 14. 16. 11. H. 7. 27. Fortescue c. 18. f. 20. Dyer 92. brook Parliament. 76. 197. Cooks 4. Institutes p. 25. 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 See the Freeholders grand inquest, and my Plea for the Lords. 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 47 H. 3. 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 1. 4. 5. 9. 10. 20. 23. 36. 37. and 50. Ed. 3. 1. Rich. 2. 1. 2. 4. 5. 7. 9. 11. 13. Hen. 4. 1. 2. 3. 4. 8. 9. Hen. 5. 1. 2. 3. 4. 6. 8. 9. 10. 11. 14. 15. 29. 28. 29. 39. Hen. 6. 1. 4. 7. 8. 12. 17. 22. Ed. 4. and 1. Rich.3. 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 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. 20. Hen. 3. The Statute of Morteman. 7. Ed. 1. 31. Ed. 3. 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. 3. 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, overawed 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 8 parts of 10) 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; Cooks 4. Institutes p. 1. Where all Members ex debito Justiciæ, 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 Kng 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. 4. Suppose this Tax should bind these Counties, Cities, and Boroughs, 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 Declaration on Nov. 28. & 30. 1948. 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. 3. rot. Parl. n. 8. 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 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 only 39. Ed. 3. 7. 4. H. 4. 10. Brook Parlia. 26. 40. Cook 4. Instit. p. 1. 25. 26. 1. Jac. ch. 1. 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 49. Ed. 3. 18, 19.21. H. 7. 4. Brooke customs 6. 32. 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 7 H. 6. 39. H. 6. 34. Brooke Ancient Demesne 20. & Parl. 17. 101. It is resolved, That Ancient Demesne is a good plea in a Writ of Wast 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 101. 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, 2. Ed. 6. c. 28. 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. 5. & 6. E. 6.c.26. And a Proclamation upon ita exigent is given by the Statute in Chester and Wales, 1. E. 6. 20. and by another Act to Lancaster, 5. &. 6. E. c. 26. And the Statute of Justices of Peace extended not to Wales and the County Palatine; and therefore and Act was made for Wales and Chester, 27. H. 8. c. 5. who had Knights and Burgesses appointed by that Parliament for that and future Parliaments by Act of Parliament, 27. H. 8. cap. 26. since which they have continued, their wages being to be levyed by the Statue of 35. H. 8. c. 11. 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 myself, 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. Object. If any here object, That by the custome of Parliament 40 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. Answ. 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 4. Institutes, p. 1. 2. 26. 35. 36. Cromptons Jurisdiction of Courts, f. 1 &c. 39. E. 3. 7. Brook Parliament. 27. 1. Jacobi, c.1. and the Records I have cited to this purpose in my Levellers levelled, my Plea for the Lords, and Memento, p. 10. 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 5. R. 2. Parl. 2. c. 4. 9. H. 8. c. 16. and A collection of all Orders, &c. of the late Parliament, pa. 294. 357. 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 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 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, as I have See my Plea for the Lords, and Levellers levelled. 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 reason in my Plea for the Lords, p. 47. to 53. and Ardua Regni, which is further evident by Claus. Dors. 7. R. 2. m. 27. and Mr. Seldens Titles of Honour, p. 737. Baronet Camoyes Cafe, 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; otheres 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. 7. R. 2. m. 32. and asserted by Master Selden in his Titles of Honour: part. 2. cha. 5. p. 737. Seconded by Sir Edward Cook in his 4. Institutes. p. 1. 4, 5. 46, 47, 49.) 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 God 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 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, nothwithstanding this express clause in it (which I desire may be seriously and conscienciously considered by all who have sworne it) I do beleeve 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 urged 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. 29. 5. E. 3. c. 6. 25. Edw. 3. cap. 4. 28. Ed. 3. c. 3. 37. E. c.18. 42. E. 3. cap. 3. 25. Ed. 3. cap. 2. 11. R. 2. c. 4. 1. H. 4. c. 10. 2. H. 4. Rot. Par. 11. N. 60. 1. E. 6. c. 12. 1. m. c. 1. The Petition of Right, 3 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 endowed 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, 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 obdience, 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 seise 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. 2. 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 25. E. 1. c. 6. and Cooks 2 Instit. p. 528. 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: 1. Because the Kingdom is generally exhausted with the late 7 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. 2. 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. 3. 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. 4. 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. 5. 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 Collect. &c. pag. 599. 8m76. Ordinances of Febr. 15. 1644. and April 4. 1646. 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. 6. 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. Object. 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. Ans. I answer, 1. That upon these pretences these new Lords may intail and enforce an Army, and Taxes to support them, on the Kingdom till Dooms-day 2. 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. 3. 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 instead 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 25. E. 1. c. 6. 1. E. 3. cap. 5.7. 18. E. 3. c. 7. 25. E. 3. c. 8. 4. H. 4. cap. 13. Cooks 2 Institutes p. 528. and the Protestations of all the Commons of England in the Parliaments of 1 H. 5. nu. 17. and 7. H. 5. n. 9. 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. 2. 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 the 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. 3. 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. 4. If the Relief of Ireland be now really intended, it is not upon the first just and pious ground, 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 See a Collection p. 94, 95.99.698.700.877.878. Remonstrated 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 losse of his life and estate, by the very laws and statuts) yet inforce, transcends my understanding to conceive: VVherefore 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. 29. The Petition of Right; The Votes of both Houses in the case of Ship-mony; 1 R. 2. c. 3. and the resolution of our Judges and Law-books 13. Ed. 4. 9. 20. E. 4. 6. Cook 5. Report. f. 91.92. Semaines case, & 4. Inst. p.176,177. 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 3 Caroli in the case of Loanes; and 17 Caroli, in the case of Ship-mony, the judgment of our Judges and Law-Books collected by Sir Edward Cook in his 2 Inst. p. 46. &c. and the Statu. of 2 H. 4. Rot. Par. n. 6. 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 25.Ed.2. 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 proceeding, award cost 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, 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 preceed at Law both in the cases of Loanes, Shipmony and Knighthood, whithout 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 his illegall Tax, but oppugn it to the uttermost, 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 illegally 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 overs 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 Matt. Paris, p. 517. Bonus Actus inducit consuetudinem , as our Ancestors resolved, Anno 1240. in the case of an universall Tax demanded by the Pope; whereupon they unanimously opposed it at first; Ovid. de Remed. Amoris . Opprime dum nova sunt subiti mala femina 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, Tonage, 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 fellowSubjects 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 of 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, 20. 1648. and by the Imposers of it, amounting to a sixt part, if not a moiety of most mens estates, is a deep Engagement for me to oppose it; since Taxes, as well as Mag. chart. c. 14. 14. E. 3. c. 6. Cook 2. Instit. pag. 26. 27. 169. 170. 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 1 & 4 Edward the Third we find divers freed from payment of Tenths, and other Taxes lawfully imposed by Praliament, because the People were impoverished and undone by the Warres, who ought to pay them. And in the printed Statues of 31 Henr. 6. c. 8. 1 Mariæ c. 17. 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. Yeah, somtimes we read of something granted them by the King, by the way of aide, to help pay their Subsidies, as in 25. E. 3. Rastal, Tax 9. & 36 E. 3. c. 14. And for a direct president in point: When Matt. Paris, p. 516. Peter Rubie the Pope's Legat in the year 1240. 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; whererof 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 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 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 A Collection, &c. pag. 771. former engagements. Against which I have these just exceptions, 1. That 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 See Cook, 5. Report. fol. 91, 92. Semans Case. 7 Rep. Sendels case. Lambert f. 179. Daltons Justice of Peace, 224. 24 H. 8 c. 5. fortifie and defend against all intruders whatsoever, and kill them without any danger of Law: Against all the Statutes concerning See Rastal Title Purveyers. Purveyors, 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; 3. Caroli. Condemned by the Commons House in their An exact Collection, p. 7. Declaration of the state of the Kingdome of the 15. December, 1641. and charged as an Article against King Richard the second when deposed, in the Parliament of 1. H. 4. nu. 22. 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. 2. 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 Freequarter, 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 sway 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 paie 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 3s. others 3s. 6d. and the least 2s. 6d. 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 94li. 4s. 3d. 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 30l. charge more for free-quarter, they being very rude and disorderly; and no sooner were we quit of them: but on the 22 and 23 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, Beatheaston, Eutherin and Ford to 28l. 7s. and Swainswicke, where I live, to about 20l. 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 extortet 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) direction from some great ones above, from some others in the Country (intimidating 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 22, when their Billet was but for twenty, not shewing any Authority, but only a Ticket [Mr. Prynne 20] 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 stong-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 blashpeming 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 maddrunk, and some of them dead-drunk under the Table. Then they must have 14 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 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 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 Tableboards 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 everywhere complain of the like insolences; and of taking free quarter since the 9 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, it 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 1 Jacobi. ch. I. 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 case 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, See an Exact collection: and a collection of publick Orders and p. 99.698.700.877.878. 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 4 Institutes ch. 1. 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 thererunto, 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 Contribution, 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 Nonconformity 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 16.1649. Psal. 26.4,5. 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.

Law

REASONS Assigned by WILLIAM PRYNNE, &c.

A legall vindication of the liberties of England [...]

LawB1659

WHen a Ship is in imminent and evident danger of Shipwrack, every man engaged in her bottome, or in how small a proportion soever, part-owner. not onely justifiably may, but is much to be blamed if he do not, give the utmost assistance he can towards her preservation. This being the Case of this Commonwealth apparent not onely from the hopes and expectations of her Enemies, but the feare and Concessions of her Friends, it is high time for every man to look about him, and not to think it sufficient that it is not through his default that she miscarries; but whether it be by reason of the headiness, imprudence, rashness of the Marriners, indiscretion and want of skill in the Pilots, or any other as dangerous over-sights in the Master, he is concerned to suggest the danger, and to offer the best he can towards prevention. 'Tis hard to find out, and peradventure not so safe to mention all the failings and miscarriages that have reduced us to these exigents; I purpose but favourably to touch upon them, as aiming not at exasperation, but recovering our selves into a better and more hopefull progress towards settlement. First, then, I crave leave to express something of a generall vice, with which all of all parties are in some measure tainted: it is an Epedemical fault that we all love our selves too well to the detriment of others, and though self-love be natural, and in its fit bounds and measure allowable, yet is it in its inordinary, and when the eye of affection is bent all inward, condemnable, and the occasion of all the evils that are in the world: and therefore hath Christian Religion so well qualified it, as to make it compatible and coordinate with love of others, and by express precept so enjoyn'd it; yet how contrary is our practice, our great business being not to further an establishment good for all, but to supplant one another: The Kingly party whilst in power, villified, and rendred contemptible, yea very much uncapable of any publick employment, and gave all disturbance they could contrive in the enjoyment of propriety, and exercise of private industry, to all such as were not forward to support and plead for Prerogative: the Presbyter has done much the same in stickling for his government: the Independent and Anabaptist are in this point equally guilty, as Ireland some late years past can testify insomuch that the quarrell is justly said to be, who shall enjoy Power and Office, and every party hunts after this train, to have the disposall to himself and his relations of all gainfull imployments, and publick countenance, to the exclusion and subjection of others; a most unreasonable and much more unchristian fault; this, which eates out all friendship, natural affection, compassion, and plants instead of them, hatred, malice, discontent, rejoycings at one anothers Calamities; let every man lay his hand upon his heart, and conclude with himself, that so much as he has of this unjustifiable self-love, by so much he is disabled from truly serving his Country, in this time especially of its extreame exigence, and let him then seriously weigh the following motives and arguments against this general vice, the source of all failings in the management of both publick and private affaires. The Arguments and Motives against this so general vice are, 1. It frustrates the good end of Law and Government: the reason why people united under Government, was that a few of the more strong and most subtile should not abuse and domineer over the rest, this was to be restrained by agreement to Lawes and equall Government; if then the Government it self, which was intended as a defence and protection to all shall, be enjoyed by a part, and made use of, not to distribute equall Justice, but to curbe and subject the rest: it is much one, as if the people had no Law nor Government. 2. Who ever is touched with this kinde of self-love, hath nothing to say against the justice of his being a slave; for what measure he would mete unto others, he deserves himself. 3. Whosoever swayed by this self-love, runs the indirect paths of State policy, and makes use of what the support of his Pride and Ambition inforces him too; is guilty not onely of his own evils, but whatsoever in others are thereby occasioned, either in those that take part in his tyranny, or in the struglings of the people sensible of their oppression, and laboring for relief. 4. It is not fit that any man, the current of whose actions are guided by self-love, should assume to himself the appellation of Christian: For it is not onely taking that name in vain, but highly dishonoring it, and the Author thereof our Lord Christ, as if it were consistent with his Precepts; whereas the badge of his Profession, the practice of Himself and his Disciples, and the basis of all their practical Doctrines, is self-denial. The remedy as to every one personally, is for every one to search his own heart, and to pluck out from thence the whole of this leaven; for if but a little be left behinde, it will leaven the whole lump. The remedy as to the publick, is for all to concenter in something that is good for all; that is; in such a settlement where every man may be as to Law and publick Countenance, in an equal capacity (except by past actions for a time disabled) and alike protected in the enjoynment of propriety and exercise of honest Industry. HAving done with all, I come in the next place to you, who represent all; in whose hands God hath once again placed the opportunity of well setling this Nation. I will not say, how deservedly before displaced, but if you consider how long a time you had to perform Promises, and center in a good Establishment, and how faint the expectations thereof at length grew in all good men, you will not wonder that none of them opened their mouths at your interruption, how illegal soever they understood it to be, nor blame the Justice of God in permitting such a violence. But you are now replanted; take heed you say not, My arm hath done this, my wit and contrivance, and thereupon use this power to the inriching your selves and friends, and keeping others in subjection; and by spreading your interest, entertain a vain hope of perpetuating your Authority. Let the fatal downfall of the King, and his numerous dependents (a dreadful example of Gods vengeance) deter you; or, as a latter instance of Gods detestation of those, however esteemed, prudential designs, his snatching away the late Protector in the heighth of all his hopes; and when there wanted but the putting out his hand to grasp a Crown, which all the toils and uncessant contrivances of twenty years, had with infinite turmoil to himself and others, labored for: Observe Gods dislike thereof in the last change, after all the fine arts that had been used in procuring Addresses, that seemed to import a general liking and assent, and all the pompous ways contrived to adde esteem and lustre to the idol of a single person; yet see how suddenly all vanished, as if the Almighty had determined, that nothing should take root, or be permanent in this Nation where so much profession hath been, and so many appeals made, but what is grounded upon equal Justice, and the stability of impartial Laws. It is therefore kicking against the pricks to attempt further, or to think that any person or party can establish it self upon the narrow interest of a few: And therefore if any amongst you have any such rising thoughts, be pleased in the most serious time of your retirement, to weigh well these following considerations. First, That the mysteries of Machiavels art have been too far discovered to be of much use in this Nation for the future: The cloak of formal godliness, which the Florentine would have Polititians wear without the substantial lining, as being too cumbersome, is now worn thred-bare; and almost every man sees it to be but a cloak; experience and often being deceived, hath made almost every body able to look upon, not the colours and pretext, but the depth and secret motive of every design: So that men talk upon the Exchange, and in common conferences, what is in the Cabinet, and all the fine devices appear now to be but like Flock-work upon Canvas, scattered over with glistering Copper or Tinsel: And therefore hereafter, the more manly and substantial way of plain and just dealing, is like to thrive best. Secondly, Weigh well the improbability of effecting and going through with such a design, in regard of enemies and difficulties: What they are like to be abroad, cannot be ascertained, but unless you settle well upon good foundations, contentful to the people, they are like to be very numerous. Charles Stuart and his Friends are watchful and hopeful of an opportunity, which cannot but offer it self, unless the people taste the sweets of a good Government. The Presbyter's discontented, your best friends justly jealous, that you will rather relie upon the broken Reed of some prudential contrivance, then the retrival of the antient Government and good Laws of England, cleared from Prerogative usurpations, and whatsoever for indirect ends hath been innovated upon them. If you center in any thing less, you stop all your friends mouths; the objections of your and our Adversaries, will be too hard for us; you weaken our hands, and droop our hearts: So that if any trouble should offer it self from abroad or at home, with what courage can it be expected we should oppose it; when if victors, our case will be little better then if overcome: Whereas on the contrary, the good Government of England being by you established according to the exact Rules of a Commonwealth (the Maximes of Monarchy having been in several Kings Reigns, by force or fraud obtruded upon it, and therefore justly to be expunged) you may assuredly expect, and will certainly finde an unanimous complacency in the people, their heats and animosities from difference in opinion gradually decaying, all sorts of them, yea, even your Adversaries will from the contentful sweetness thereof, soon judge it better to acquiesse, and sit still under such an establishment, then to run the hazard of any change: Your Neighbors abroad will seek your peace and friendship, and then you will have all the opportunities of advancing Trade, and making easie the publick charge; and after you have well setled successive Parliaments with a fixt day for their Conventions, and secured the peace of the Nation, you may return with joy and lasting honor to your habitations, beloved of all good men. Whereas thirdly, if you should propose preheminence to your selves, and retention of power, you know not to how many evils you would in time be necessitated: For in this course of policy, Nemo repentè fit turpissimus, you would every day grow worse and worse, one irregularity necessitating another, until at last no evil would be blenched at: You would then be forced to check the peoples freedom of speaking and writing; to discountenance all good men that stand for the Law and their antient Government; to straiten by degrees Liberty of Conscience, be necessitated to use Guards, and erect high Courts of Justice; to employ and encourage Informers, Intelligencers, Pursuivants, Gaolers, Flatterers, and all kinde of Projectors that can furnish with any ginn or snare for the people: All corrupt interests you must side with, and support; practise dissimulation, called in a more courtly phrase, The art of obliging; tire and wear out your selves with never failing and anxious business, attended with a thousand fears, doubts, dangers, difficulties; and in conclusion, if you should prosper in such practices, you would but leave your posterities partakers of the bondage you entail upon the people, or engaged in the laborious task of holding up the Tyranny. If then looking upon the dispensations of Justice, God hath in late years afforded, and weighing the force of these Arguments, and such other as your own hearts can suggest to your selves; you do resolve upon the safer and better way, that is, to settle the Government according to the antient Laws and free Customs of England, freed from the entanglements of Kingly and Lordly power: It will be requisite that you give time, and make diligent search, what the antient and fundamental Government of England is; for it were strange to suppose, as divers men have suggested, that we have no such Government or Laws; that were the greatest imputation upon your honor that could be, that a war should be by you commenced for preserving and vindicating the Fundamental Laws, and divers persons of highest quality executed as Traytors for subverting the Fundamental Laws, if no such Laws be, and the discourse of them but chymerical; it is rather to be supposed, that those persons who so suggest, have either not taken pains, nor used honest diligence to finde them out; or are thought full of erecting an interest against those good and equal Laws; and therefore be neither you, nor any good men, discouraged in his endeavors of finding them out. It is true indeed, it is not like to be an easie task, because the Monarchical interest from its first forcing it self upon our Ancestors, could not but design their obscuring, embezlement, and subversion; which sometimes it did openly vi & armis, sometimes more clandestinely and fraudently, insomuch, that no Prince, but more or less, attempted it, and entertained as their fittest and ablest Counsellors, such as had most ability for such a work, two whereof besides the late King, were deposed from their Regal Dignities for subverting or embezling them, namely, Edward the Fourth, Richard the Second. So that after the so many hundred years diligence of such persons as were every way furnished both with power and all circumstantial circnmstantial helps, to extirpate the best of our Laws, and the wholsomest part of our Government: It is a wonder that any of it should remain, and not be swallowed up in the Monarchical gulf of Prerogative, but that every age hath produced some able and active men, who have by constant claim and sometimes open contest with Princes, kept alive the knowledge of many of our good Laws, and the particulars of our Government: And therefore you have good encouragement for further search; in doing whereof, be pleased to cast an eye upon these following considerations. First, Inasmuch as you have already cleared the Government from the Dominion of a single Person, and the Pillars of Monarchy a House of Lords; in evincing the antient Laws, it is but consonant to what you have already done, to clear them from all branches of Usurpation, induced at any time or times by that interest, in order to its sustentation; for why should the tail be left, when the Dragon is taken away? And this is to be hoped you will do, because in your Answer to the Buckinghamshire Petition, you say you will endeavor to settle a Commonwealth as well in Nature as in Name. A Commonwealth then being a Government directly opposite to Monarchy; this being the Off-spring of force, obtruded at first upon the people, with which they are through the continuance of time, pleased as a Bird with her Cage, because she hath forgot the sweetness of her liberty and open air, and scarce knows how to live abroad, long used to her bondage; the other natural, and where enjoyed infinitely contentful. The Monarchy an interest within and distinct from the peoples, where the Prince and his dependents may be rich, and the people poor, and in necessity: The other an interest of the peoples, where the Law-makers and supream Authority, partake of the good or evil of their own Ordinances; and therefore are concerned to be gentle in all taxes and publick impositions, since they themselves must bear their proportion. Since then the Governments are thus distinct, and that you have exploded the Monarchical, you are to retain no Law as connatural with the Government, but what is agreeable and fully consistent with a free Commonwealth; which is the onely just and natural Government in the World; since as the people are the original of all just power (according to what you have declared) so are they no longer themselves, and free, unless they retain that power in their own hands, or transfer it for a short time by way of deputation or trust to some of themselves chosen by themselves, for the conservation of peace, and their Laws. And therefore be pleased to annul all those Laws, and other props and branches of Monarchy, that no hopes may be left to reverse it again, but the mindes of the people quieted in the permanent establishment of a free Commonwealth. Secondly, In finding out the Original Laws, be pleased to cast your eye upon this Rule: That no Law be esteemed such, but what is of a large and diffussive extent, good for all, and at all times good, inasmuch as our dividing into parties hath been but in some of the last Centuries, a matter the Antient Law takes no cognisance of, that being one to all, inflexible and inexorable, regarding no man, no quality of men, no sect, no opinion, but enjoyning universal obedience for common peace and safety, and providing that one injure not another, dispencing upon default equal punishment. So that the way of reconcilement and uniting the spirits of the divided people, is to let them see that they are alike in respect of the Law, but as they become guilty upon the breach of any part of it. It being one of the arts of Monarchy, according to one of its Maximes, Divide and Reign, to give greater countenance to one or two sorts or sects of men, then to the rest, that so by the assistance of some, the whole may be kept in subjection. But in a free Commonwealth, there is neither Flatterer nor Favorite, the Laws bears Rule, and all are alike dear to it. If then you shall expunge all Laws of a narrow and contracted aspect, your building will be lasting as not standing upon a point, but grounded upon the basis of the People, every man being concerned with heart and hand to maintain that Government which gives him protection and equall respect. Let me subjoyn this therefore as an humble caution, That it is a short and low consideration to think to satisfie the people with giving them only Liberty of Conscience: the whole is their right, and freedom in matters of religion is but a branch thereof, which is therefore not to be owned or accepted as a favour or indulgence to some persons, but the due right of all; not granted in policy to oblige a party, but published as a particular not submitted to trust; no man in Religion being a capable Judge for another, since every man must be fully perswaded of the verity of the way wherein he serves the Lord. The business of the Magistrate in this particular being to conserve the Peace, and to see that no man offers injury or violence to another, or upon pretence of his liberty disturbs the tranquility of the publick, or intrenches upon any mans propriety: let not therefore liberty of conscience be used as a sweet bait or morsell to some dissenting men, thinking by that means to stop their mouths, and with the addition of an office make them serve you in restraining other rights and freedomes, or establishing any other Power or interest then that forementioned; but doe all things with that freedome of mind, as becomes members of a Commonwealth. There is not to the soule of man, any thing more pleasing and permanently contentfull, then to discharge all duties with an upright and sincere heart, it leaves behind it a name sweeter then pretious Odours, and establishes a family beyond the favor of Kings, or success of battails. Thus precautioned, you will be the better fitted to make search what the most antient government of England is; for your furtherance wherein, I have taken the boldness to suggest unto you an essay at a modell thereof, cleared from regall and lordly usurpations, with the additions of some circumstances that makes it more practical at this time, and answering all occasions that the present condition of affairs requires, which in most humble maner presented, will at least give some light to your future disquisitions. 1. THat a Parliament be called once every year by writs in course to be issued out upon a fixed day, and that the day also of their convention be assertain'd, that they adjourne from time to time as they see cause, not disolving untill at the years end in course they give place to the succeeding succeeeding Parliament. 2. That it consist only of the representatives of the people annually chosen, without a house of Lords, the superintendency or coordination of any person or persons whomsoever. 3. That the Power of the Militia, the Power of making Peace or Warr, the raising of Money, and disposing the same, be solely in the Parliament, and such as by them deputed shall be accountable to them. 4. That the power of making occasional laws be solely in them, reserving to the people untoucht and inviolable their fundamental laws, according to indenture at elections. 5. That a Councel of Safety be annually chosen by the Parliament out of themselves, consisting of one and twenty persons, accountable to Parliament: that they receive Commissions and instructions from Parliament, with the particulars of their trust; that so all matters though provided for by law, may not be brought as formerly to the Council board, to the awe and debasing of the spirits of the people; that they have a yearly allowance sutable to the dignity of the Nation. 6. That all the great and publick Officers, as well Civil as Military, be chosen by the Parliament, and continued but for one year. 7. That the Members of Parliament do take their provision allowed by the Law, and that during the time of their Membership, they neither directly nor indirectly (as being Members) enrich themselves, or dispose to one another the publick offices. I. THat no man be adjudged of Life, Limb, Liberty, or Estate but upon presentment by the unanimous judgment or verdict of twelve sworn men of the Neighborhood, grounded upon the testimony of faithful witnesses. II. That every person at the time of Tryal, in all Cases, have liberty of challenge or exception against his Tryers, or Jurors, as by right to the number of Thirty and six, without shewing cause; and of as many more as he shall shew cause for. III. That no man be amerced, fined, or otherwise punished, but in an equal manner proportionable to the offence; and none of the amercements, fines, or punishments, be imposed but upon Oath of good men of the Neighborhood. IV. That no man be imprisoned in any place, but whereunto there belongeth Goal-delivery, and not to be continued beyond the second Goal-delivery: That every prisoner be furnished with food and other necessaries, during his continuance there: That the Goaler have no Fee but Four pence of the Prisoner at his acquitment: That Bail be not refused, if the person be bailable. V. That no man be imprisoned for Debt, but that all Estates real and personal be liable for discharge of debts: That the Laws be revised concerning double Sales, fraudulent Concealments, and whatsoever indirect practise may arise upon the aforesaid Law, that so by severe penalties they may be prevented. VI. That no man be put to his Law, nor to an Oath, upon any ones bare saying, but upon the Oath of credible witnesses for the same. VII. That all Officers be annually chosen by the people, amongst whom the office or jurisdiction is to be administred, as well Sheriffs and Justices, as all other inferior Officers; likewise all Officers of Assizes and Courts of Justice; and also all Officers of the Trained Bands. VIII. That no man be compelled in matters of Opinion or Religion, but left free to observe the publick established Religion, or what other may seem in his Conscience to be more agreeable to the Word of God; and answerable to the Law onely for injuries between party and party, or for crimes against the Commonwealth. IX. That no moneys be raised upon the people, but by their consents in their great Council (the more antient appellation of the Assembly of their Deputies, then Parliament;) and that it be done by the good old way of Subsidies, which is both the most equal way, and of least charge in collecting. X. That considering the people are grown much more numerous then heretofore, and that places have been made capable of chusing Parliament-men according to the interest or concernment of Princes, whence hath arisen a very great inequality in the distribution: It is thereupon necessary, that a new division be made in each County, that so there may be a more equal and perfect Representation of the people in their Great Council. XI. That the people in each County divided into Hundreds and Tythings, may be disposed into Bands of Horse and Foot, according to the different quality of the inhabitants; and that they may be at set times trained and disciplined for War, under Officers and Commanders chosen by themselves; that so the whole Nation may be ready to appear in a few hours in arms, for defence of their Laws, and whatsoever is dear to them, against any enemies from abroad, or insurrection at home. This Model is humbly presented to the consideration of all the good people of England, especially to the Members of Parliament; in drawing up whereof all particular interest is disavowed, no way of Union (that necessary means of safety) being possible, but by the concentration of all parties in something that is good for all, and hurtful to none; and as such, this is presented. As every man is free to deliberate upon them, so is it humbly desired, That no man will suffer that freedom to be taken from him, by the inordinacy of any passion, by his engagement to any interest narrower then the publick; by the potent witchcrafts captivating, in common repute, the wisest, the love of Honor or Preeminence, and Profit: But rather let these few considerations take place in your hearts, and then a universal assent is not to be despaired. 1. THat it is better for any man to leave his Children guarded in their estates or labors by the Laws of their Countrey, then (though rich, and in the favor of a ruling party) liable to the slippery changes, that must ever attend those structures that are not built upon the sure basis of standing Laws. This is a truth, That no man who is not blinded by being indirectly engaged, but will give his ready assent to. 2. The Laws presented, are all of them, except in some circumstances, the most antient and radical Laws of this Nation. 3. They are conceived to be good for all, and in all times good; all parties are secured and supported by them; all persons intrusted, are so fairly and reasonably limited by them, as to prevent the employing their power to the prejudice of any particular, or of the publick; as when occasion of further debate thereupon is offered, shall be endeavored to be cleared. 4. It is humbly conceived, that such an establishment will recompence all the miseries of the late War, as being hopeful, not onely to invest the people of this Nation with the present possession of their Laws, and just Liberties, but secure them for the future against all violences and usurpations whatsoever. The Model presented, does not probably comprehend the whole of what is the peoples right, and necessary for their security, but is intended as an occasion and ground work of your Debates, who have the command of all helps, a view of all Laws and Records, and so the advantage of making a further discovery of many of our Rights and Customs, conducing much to the better establishment and security of the Government. It is in the last place offered, That when the Laws and Liberties of the people are evinced and ascertained by your selves in Parliament, That a Model thereof fairly Printed be affixed in every Church, Hall, place of Assize, Market place, or where there is any usual Convention of people; and that at Assizes they be publickly read once every quarter, or oftner as shall seem good: That so the people bred up in the knowledge thereof, may be sensible when any violation or intrenchment is offered thereunto. And for their further security it is likewise tendred, That after election of any persons to serve in Parliament, in the audience of each person so chosen, and of all the people, the Laws be solemnly read by a publick Officer thereunto appointed; and an Oath taken of the person elected to preserve the same. Be serious in the consideration of these particulars, and upon liking, give what promotion you can towards their settlement. When the Law is supream, every man is safe and a freemen. Having thus given my mite of humble Advice in order to a good settlement, let me without offence, and in as humble manner present a few considerations referring to several sorts of men and things, that may make the easier way, and prepare all parties for the better admission and establishment of the Government. FIrst, As to the Officers of the Army, and others ingaged in many irregular and unwarrantable actions, since your interruption in 1653. Whether in order to peace, and the easier admission of what you intend, it be not best to pass over, and wholly forgive by an Act of Amnesty, whatsoever in that time hath been transacted; considering withal, the many temptations that were offered, and that during your former Session you had not established the Government; especially in case a plenal and perfect submission and obedience be hereafter rendred to your just Authority. Secondly, That you propose some way of encouragement to the inferior Officers and common Soldiers, not onely as to the discharge of Arrears, and constancy of pay, but also some priviledges upon disbanding, that may bring them into the condition of Free-Commoners, and settle them in a constant way of livelihood, either here, in Ireland, or in Scotland; that so they may look upon themselves, not as mercenary hirelings, but as Members of the Commonwealth, and propose to spend the remainder of their days, as other good men of England, in some vocation. These things will make them unanimous in standing by, and protecting the Parliament during the settlement. Thirdly, In reference to the Prerogative party; although heretofore you have been necessitated to shew a severe hand towards them, they being the Principals in the War against you, and who would, it is to be feared, have been much more severe towards you and your adherents, in case they had prevailed; yet since they are Members of this Commonwealth, Fellow natives and Christians with us, and had many temptations to sway them to that party, besides the specious countenance of minorated Law, and the impulsion of education; it is humbly offered, Whether it be not best for the future, to let them see a willingness in you, to receive them to favor and publick countenance, so far as may stand with the safety of the Government: And although some restrictions are of necessity to be laid upon them, because of their aptness to revolt, and readiness to assist the interest of the Stuarts, and reverse the Monarchy; yet that those restrictions be but temporary, and taken off as soon as they shall give some signal testimonies of their reclaimer, and approbation of the Democratical Government, without a King or House of Lords. You may be pleased to consider, that there hath not much been done hitherto to reform and rectifie their understandings and many things, rather to confirm them in the equity of their own cause, especially in late actions: But when they shall see the excellency of a Commonwealth, in the establishment of the good antient Laws freed from those powers and intanglements that rendred them useless, when they shall finde every man protected by them in his life, limb, liberty, estate, and no man by vertue of his authority extending his power to anothers prejudice, but at his own peril, in case he exceeds the express limits and bounds thereof; when every man under their tutelage shall enjoy the fruits of his Fathers labor, or his own industry, without the numerous ways of Court-arts, to molest and impoverish him. When those of that party shall see this blessed time, it is not to be doubted, but they will soon throw off their expectations from abroad, and blame themselves for giving any stop or impediment to so blessed a Reformation. As to the Ministry, and that form of Church-Government the Parliament shall think fit to commend to publick observation, it is offered, Whether it be not the better way, that the persons officiating therein, be paid out of the publick Treasury, more or less, according to the number of their charge, with certainty of a competent allowance to their Widows and Children, that so they may be obliged to maintain the Government established, and having no dependance upon the benevolence of the people, be more free to acquaint them with their faults, and avoiding all Polemical Controversies, and drawing them into factions to maintain their several Forms and Tenets, employ their abilities chiefly in furnishing every mans minde with the true knowledge and practice of all Christian precepts and duties, shewing the general disparity of almost all mens conversations thereunto. Lastly, As to Trade, you cannot but see at how low an ebbe it is at the present, to the extream discouragement, and almost heart breaking of the Merchant, Trades man, and all other industrious manufactures and occupations depending thereupon. It is therefore one of your principal works to set all the Wheels thereof going, both for the revival of those that live upon it, and for the increase of the publick Treasury. As for the means how it may in the best manner, and most contentful to the people be accomplished, it requires a large discourse, which happily in a short time you will be furnished withal; in the mean time it is best consulting Merchants and Seamen of most fame for honesty, ability, and publick-heartedness, who can give you an account of the state of our several Trades abroad; what clogs and burdens lie upon it; what expedients are left for remedy thereof. Expect not their Addresses, but invite them to you, entertain them with candor, and purpose of speedy redress Hear also, what others can say as to Trade within Drapers, Mercers, Clothiers, and bear an equal hand towards all. Esteem the certain interest of this Nation to be the increase of Trade and the best Maxime of a Parliament to inrich the people, by encouraging all their labors and industry, advancing home-made Commodities, and providing a free course and vent for all manufactures; whereas a single person keeps the people poor and necessitated, that they may be fitted for Soldiers and Plantations, regardless of their penury, anxieties and blood; and proposes by numerous Pipes and Conveyances to drain the wealth of the Nation into the Exchequer; a Commonwealth on the contrary, is to aim at enriching the people, knowing the publick occasions can never want succor, as long as they abound. Let me adde two things more, and I shall crave your pardon for all this trouble. 1. IN the disposal of publick Offices, as it hath been the practice of Monarchy, depending upon Faction (that is, upon a part of the people moulded to support that interest) to dispence its favors and publick employments onely to such as would flatter, and obey whatsoever should be commanded: So will it on contrary, become you rather to seek out those who are most deserving, of most approved integrity, who are said in Scripture phrase To fear God (for then they will do nothing unworthily, since they know God abhors all that is evil) and hate covetousness, the root indeed of all unjust actions. Beware of dispensing these by favor, and to relations, because such, however undeserving: For besides that it will much blemish your proceedings, it will also weaken the publick interest, and by degrees induce many corruptions in the Government. Seek out therefore men able; the most vertuous are the most modest, and least apt to hunt and canvas for employment: Prefer not a Sycophant before a faithful Minister; a man pufft up with undeserved favor, before him that seeketh to purchase Grace by desert; an idle drone before a painful Officer. 2. There is a vice that has almost eaten out all integrity and truth of heart amongst men, which in latter years has been sown and sprung up abundantly in this Nation, Hypocrisie I mean, double dealing concealment of the minde, aptness to betray; whereby Faith is almost extinguished, and every man is become afraid of his neighbour: It lies in you to rectifie this, and it is an honorable undertaking; it must be done by plainness and integrity in your selves, according to whose examples all will square their actions, and by countenancing it in others. Let your reputation abroad arise from your reall strength at home, from the union of the People by the means forementioned, endeavored. Be it known by your punctual and just dealing, and scorne the base and unmanly arts of courtly obligings and regal dissimulations. Then will Honesty and Truth come again in fashion amongst us; and as well in publick as private affairs, no man will keep credit, but he that to the utmost of his power keeps his word and faith. THough the peoples fears are much upon you, as judging that you intend forcibly to transferre the power upon some of your selves, or return it upon the late Protector, if by no waies you can make the Parliament serve your purposes: yet cannot I give a ready credit to these distrusts, since I cannot think you should so blemish and render fruitless all your memorable actions and valiant exploits performed in the late warrs; muchless blot out and deface those glorious expressions in your former Declarations, asserting your care and tenderness of the Fundamental Laws. The Parliament is now setling the Government of this Nation, and have made by your assistance a good beginning, by freeing it from the arbitrariness of Kingly and Lordly power; they have also promised they will make this a reall Commonwealth, as well in nature as in name: that is, as I humbly conceive, where the Law shall be uppermost, and every man intrusted with the execution of any part thereof, or with any office or publick publicklick employment, shall be so bounded with express rules and instructions, and be so certainly accountable for the discharge thereof, as that no man shall have power to abuse that share of Authority is committed to his management. How blessed a providence will it be to this Nation, and particularly to your selves, to stand by them, encourage and protect them in so good a work! Now is the time, the criticall time, when either we shall by centring upon good and stable foundations, become the happiest people in the world, for true freedom, righteous laws, security, wealth, (assured concomitants one of the other) or the most miserable by being liable upon an unsatisfactory settlement, to future and unavoidable alterations, which in all probability will end in the reduction of that Tyranny your valors are yet famous for exterminating. And therefore you are most humbly implored by whatsoever is deare to you, your country, your posterities, the peace of your own consciences, as you prize the favor of the Almighty Lord of Hosts, and the universal love of all good men, employ your strength (as of right you ought to doe) in their protection that rais'd you, and first engag'd you in the righteous cause. Let not that cause that God hath so signally blest, become reproachfull, and a byword to the Nation, but evince it, stand by it, see it established, and then sit down & enjoy the fruits thereof; distinguish not your security from that of other mens, all irregularities in this interval of settlement may be past over; you will deserve not only indempnity but the highest esteem, if when you might hinder, you assist, and keep all other sorts of persons and parties from disturbing the Parliament in the establishment of the government. If therefore you have entertained any other purpose, give timely check to it, and stop before it be too late; be one with the people, and leave the estates you have by many hazards purchas'd, leave them to your children guarded by the protection of Law, and not liable to the humerous discretion of a single person, or an arbitrary Senate, which is much the same tyranny. Answer all the scruples and objections of other men, by apparent actions of union with the Parliament, which will more then any other thing take off the hopes of all enemies secret, or open, at home or abroad.

Law

ENGLANDS Safety, IN THE Laws Supremacy. Being an Humble Advice presented to the People, Parliament, Army, in order to a good settlement and making this a happy and flourishing Nation.

England's safety in the laws supremacy

LawB1661

Humbly Sheweth, THat your Majesties Royal Father of blessed memory, upon complaint to him made by many Persons, Noblemen, Gentlemen, Goldsmiths, and others; and also to his Majesties Privy Councel, as appears by Orders of the Privy Council the 25. of January 1634. shewing, That much course Gold & Silver Lace, Gold and Silver Thread, Spangles, Oaes and Wyre, was daily in great quantities sould for good Silver, to the great dammage and hinderance of the Mint, in the excessive quantities made for inferior persons. And that great quanities of English heavy Silver money, was culled, and melted down daily, for the making of these Manufactures, to the great wast of the stock of currant Silver, and to the daily deceit of the wearers of Gold and Silver Lace. And by Order of some of your Majesties Royal Fathers Privy Council, viz. Mr. Secretary Cook, your Petitioner, and some others, were imployed to buy up several parcels of Silver Lace, in several Silk-men, and Wyerdrawers Shops in London: and thereupon your Petitioner, and some others, brought the said Lace, Spangles, Wyer, Purles, Oaes, to Mr. Alexander Jackson Assay-Master of Goldsmiths-Hall, and he Assayed about one hundred and twelve several parcels of Gold and Silver Lace, Spangles, Thread, Wyer, &c. as appears under his hand. All these Assaies being by him the sworne Officer appointed for that service, found, and reported to be all made of course and adultrate Silver, mixed with Copper, contrary to the Law, being vended, for good Silver; and the Gentleman is now living, a man of great experience, skill, and credit, that can attest this, to be true to your Majesties Privy Council. And your Petitioner hath the names of the several mens Houses and Shops of the Silk-men, Wyerdrawers, and others, and the day, and the year, this course adultrate Silver was by them sould: These original Papers your Petitioner hath ready to produce to your Majestie, and your most honourable Council. Thereupon his late Majesty, and his Privy Council Conncil , commanded Sir John Banks, your Majesties Father Attorney General, to put some of the eminent of the Offendors into the Star-Chamber; and thereupon both Refiners and Wyerdrawers petitioned his Majesty for a Corporation, and that they would so order themselves, that these abuses being so many, and fully proved, should all be regulated and prevented for the future. But upon full examination at the Privy Council, his Majesty, and the Lords, being fully possessed what had formerly been acted by the Wyerdrawers for several years. When they had a Corporation, that the abuses continued so notoriously notwithstanding the Wyerdrawers Charter, that their Corporation was damned in Parliament, about the latter end of King James's time, in a quiet time, this was done, and Sir Giles Montpersons had like to be undone for procuring the Wyerdrawers to have a Corporation, as will appear in the Parliament. Records to which I humbly referre. It was demonstrated in that Parliament, before your Majesties Royal Father, being then Prince, that the Wyerdrawers made Silver Wyer with a core of Copper, and sould the same for fine Silver; your Majesties Royal Father remembring this, was both shewed, and proved in the Parliament House of Lords, he being then present, would not trust the Wyerdrawers with a Corporation, 1635. his Majestie saying, That would give the Gold Wyerdrawers an opportunitie to cozen the Kingdome againe ; they having cozened the Kingdome of above twenty thousand pounds a year, by deceitful making these Manufactures, and venting the same for good, for these last twenty years. May it please your Majestie, your Royal Father upon debate, and advice of his Privy Council, taking special notice of your Petitioners activitie and abilitie to discover, and reforme these abuses, in consideration of these service, did by his Letters Pattents appoint your yonr Petitioner for three lives, and the longer liver of them, to have, and take the charge and care to be the Surveyers, Tryers, Sealers, Assayers of all Gold and Silver Wyer, Thread, Purles, Oaes, Spangler, and all other Manufactures of this sort, and to Mark, Register, Seal, or Assay the same, before any of these Manufactures should be exposed to saile; with power given to your Petitioner, to search for, and seaze on all course and adultrate Silver, made into any of the aforesaid Manufactures, and to burn, and deface the same, according to the Law, to suffer no Silver to be wrought into any of these Manufactures, or put to saile, but Sterling Silver at the least. Your Petitioner hath two lives yet in being, his own life, and anothers, under the great Seal, for the grant and allowance of one half penny the ounce Troy for all Silver Wyer, Spangles, Purles, Oaes, and four pence the pound Venice, which is one half peny the ounce Troy for sealing or surveying all Gold and Silver Thread, &c. For the consideration of these Fees, your Petitioner did keep, and is bound to keep at his own charge several persons to give their attendance to Survey or Assay all Gold or Silver Wyer, Thread, Spangles, &c. to pay House-rent, books, wax, fire, coles, &c. and to warrant to all persons whomsoever, that all Gold and Silver Wyer drawn at the Office appointed by your Majesties Royal Fathers Proclamation, should all be made of good Silver, none under Sterling, or the Standard. And if it should chance any person or persons to be wronged in the premises, and buy Gold and Silver Wyer, Thread, or Lace, made and drawn, and sealed in the said Office, by your Petitioner, or his Servants, that then your Petitioner should pay full damages to any Person that could find out, or discover the same. And your Majesties Royal Father set forth his Proclamation, and appointed by his Commissioners under the great Seal, some of His most honourable Privy Council, his Attorney and Solicitor General, and Masters of Request, and Clarks of the Council, His Officers of the Mint, and some eminent Aldermen to be his Commissioners, giving them instructions under his Majesties sign Manual, this being done 1635. by the advice of His Privy Council, after many daies hearing at the Council Table. These Gentlemen sate every week one day, and five made a Committee, and sometimes more, to regulate and restrain the abuses, and they caused some of the Offenders to be set in the Pillory, being indicted at Newgate; and in the compasse of six years, brought the workmen wotkmen , and all people trading in this Manufacture, into that good order and decorum, that all Gold and Silver Lace, Thread, Wyer, &c. was as exactly made as the Plate or moneys of the Kingdom, the numbers of Workmen regulated, a due Proportion of Silver to Silk, whereby this Manufacture was made the best in London of any place in Christendom, and your Petitioner seeing all orders and rules setled and made by the Commissioners, or any five of them to be duly executed exeeuted , was the principal cause of that Reformation that followed. This Regulation was complained of in Parliament, 1640. but upon Examination all Parties put to take their Remedy by the Law, and I have in all times justified the Regulation. Your Petitioner being 1641. first sent by the Parliament a Prisoner to Peter house then a ship board to the Kings Bench: & in the year 1643. sent close Prisoner to the Tower for near four years, being beîng kept in a dungeon 928 daies of that time, and had my estate plundred, to the valew of eleven thousand pounds, and my damage at this day above twenty thousand pounds, and threatned to be sent for a slave to Argier, for bringing from your Majesties Royal Father from Oxford 1643 a Letter for peice to the City of London. In all I was about eight years a Prisoner. But upon the persecution of the long Parliament, your yonr Petitioner went to your Royal Father to York, and the honourable Commissioners appointed for the regulating this Manufacture, being Privy Counsellors, and other eminent Officers of the Kingdom. These Gentlemen, almost all of them, according to their duties, followed your Majesties Royal Father in all his Troubles, but since, length of Time, fortune of the Warres, and other casualties, almost all of these Honourable Concellors are dead, by whose wisdom and care these abuses were regulated, and this Regulation afterwards neglected, the heavy coines melted, Silver slightly and adulterately made, to the damage of the Kingdom many hundred thousand pounds within this twenty years. In your Petitioners Patent under the Great Seal of England, there is this Provisoe, that if hereafter the Government or Regulation of this Manufacture by Commissioners, be altered or changed into any other form, or any other Proclamation for the regulating this Manufacture, yet your Petitioners Grant, with his Fees and Powers, should be, and continue firme, good and effectual in the Law, as appears by your Petitioners Patent, dated 7 Sept. 14. Car. which Patent taken out of the Rolls, your Petitioner hath left with the Honourable Mr. Attorney General, with a Petition to your Majestie, formerly referred to the Right Honourable the Lords Commissioners of your Majesties Treasury, touching the Regulation of this businesse, 15. Sept. 1661. Your Petitioners humble prayer to your Majestie is, that your Majesty would speedily prevent the great abuses and disorders daily practised, in the undue making of Gold and Silver Thread, Wire, Lace, Spangles, and the unlawful melting of the heavy current silver Coines, there being above twenty thousand pounds a year wasted and bruised away, by thin and slight making of Silver Lace, for the private profit of the Wiredrawers, which whieh if it were duly made, would all be returned to the melting Pot, and avoid that waste of Treasure, that by order of your Majestie and your Privy Councel, all persons as formerly, from 1635. to 1641. be enjoyned to the due essaying of all Silver Wire at the Bar, and the Thread sealed, and true Registers kept of all Gold and Silver employed in this Manufacture, and all Bars and Engines brought into one place, according to the Proclamation of your Majesties Royal Father, in the 11th year of his Reign, that so your Majestie may have a true Accompt what Silver is spent in this Manufacture, and so regulate the Excess, which is to the prejudice of your Mint, that base and inferior persons may not weare the same. I humbly beseech your Majesty to read the Reasons of the Committee for Trade, fol. 11.10 Head. never to trust the wiredrawers with a Corporation, or with the rule & government of this Manufacture. And then if your Majesty be pleased to compare what your royal Father of blessed memory observed of these wire-drawers in the Parliament, when he was Prince, that they had deceived their trust, and he would not trust them again. they have cozened the Kingdome whithin these twenty years of above twenty thousand pounds a year, in slight, course, and deceitful silver lace, and now are endeavoring to get a Corporation, to work in iniquity by a Law, if your Majesty prevent it not. And that your Petitioner may be required to continue his Searches so often as he shall finde just occasion, to seize all course Silver, under sterling, made or making into any of these Manufactures, and to deface the same, returning the material to the Owner as soon as they are defaced, according to his Patent, that no Gold or Silver Lace be hereafter mixed in any part with Copper, or made under sterling. For the better enabling your Petitioner to do this service, your Petitioner humbly prayes your Majestie to renew your Royal Fathers former Commission 1635. with such alterations and additions, as your Majestie and your Privy Councel, with the Attorney General shall judge fit, for the persons and the powers to be your Majesties Commissioners for this business. Or else if your Majestie and your Privy Councel shall think it meet for your service, and the fuller discovery of these abuses, (never suffer the Gold Wiredrawers to have a Corporation.) But if your Majestie, by advice of your Privy Councel, command the Corporation of Goldsmiths, by reason the regulating of Gold and Silver is a particular branch of their Trade, that they be required by your Majestie to take and view the former regulation of this Manufacture, as it was setled by Commissioners, from the year 1635. to 1641. and to consider of such alterations and additions for the due Regulation of this Manufacture, that all abuses now practised in the Workmasters, Workmen, Traders and Venders of this Commodity, may for the future be prevented; your Majestie, Nobility, and Gentry duly served with good Silver Lace, which maintaines by Manufacture many thousand people in the City of London. All Gold and Silver Wire drawn at the Office for any of these aforsaid Manufactures, of Lace, Thread, Embroidery, to the essayed and warranted to be good Silver Sllver by your Petitioner, as he hath put in Security into the Exchecquer Exchecqner , or to pay the damage. That the Company of Goldsmiths, as often as occasion shall require, shall from time to time propound such Rules and Orders, for the due making, vending, and uttering the same Manufactures, as they in their experience shall finde most necessary for the ends expressed, and being required by your Majestie, for their daily assisting, advising, and counselling your Petitioner to discharge the Trust and Duty of his Place, according to his Grant under the Great Seal, that so all the former abuses for the future may be prevented, and the credit of this manufacture restored, and your Petitioner encouraged to do his duty, to discover these abuses, and for to incourage the Goldsmiths Company to look carefully after this businesse, that after the Expiration of your Petitioners Grant, by your Majesties grace and goodnesse, the Powers, Fees and Salaries granted to your Petitioner, to enable him to do this service, may for ever be fixed and annexed to the Company of Goldsmiths and their Successors, they then putting in Security in fifteen hundred pounds into the Exchecquer, as your Petitioner hath done already, for the warranting all Gold and Silver Wire drawn as aforesaid, for making any the aforesaid Manufactures to be good Silver, and that the Company of Goldsmiths by your Majesties Gracious Reference, be commanded to certifie your Majesties Privy Councel, and your Attorney General, of such wayes and Rules they shall find best to prevent these abuses, your Majestie being graciously pleased to recommend the same to your Parliament, to have this Regulation setled on the Goldsmiths by Parliament. This will perfect the Reformation, and prevent the daily abuses put on the Wearers of Gold and Silver Lace, when the Company of Goldsmiths that are Artists, but no Traders in this Manufacture, shall be bound to warrant the same to all persons, and to survey and see the Gold Wiredrawers do their duty. And your Petitioner shall ever pray, &c. May it please your Majesty, I have spoken with the Company of Goldsmiths about a month since, who have declared to me, that if your Majesty, or your Privy Council send them your commands to set down the waies and rules, to the best of their skil for this Regulation, they will withal rediness humbly do it; and if these rules be approved on with such alterations as your Majesty, & your Privy Council shall judge fit, and by your Majesty recomended to the Parliament, and by them approved; they tell me this is the only certain and safe way for them to act, to reforme this abuse, which the Goldsmiths have confessed, they know is a great shame to the Kingdome, that the Nobility and Gentry should be so daily deceived as they are, in course slight, adulterate silver lace, wyer, spangles, thread, &c. which the Assaying of, and Surveying of these Manufactures by your Petitioner, will for the future prevent, and the advice and assistance of the Company of Goldsmiths, will strengthen your Petitioner in this service.

Law

TO THE KINGS MOST Excellent Majestie: And to the LORDS Spiritual and Temporal; and the Commons Assembled in Parliament. The humble Petition of Thomas Violet Goldsmith.

Two petitions of Thomas Violet of London goldsmith, to the Kings Majestie [...]

LawB1678

THe Lord Mayor and three other Justices being sate, two Commissions were read, one of Oyer and Terminer, and the other of Gaoldelivery of Newgate; and after that the usual Proclamation for the attendance of those who had any thing to do there was made: The Jurors for London, that had been Impannell'd and Summon'd, were called to appear, and the Defaulters Recorded; and the like for the County of Middlesex. The Clerk Arraigned some of the Prisoners on London-side, whose Names and Offences were as followeth. ARRAIGNMENTS. 1. Susan Banster, alias Green, Indicted for stealing of Goods to the value of 13l. To the Indictment she pleaded Guilty. She was one that had been Convicted before of Felony, and was to be Transported; but as she was going, committed this Theft. 2. Stephen Arrowsmith Indicted, for that he, the 7th. of July last, did ravish and abuse one Elizabeth Hopkins, an Infant, of the age of eight years, against the form of the Statute in that case. To the Indictment he pleaded Not Guilty, and put himself on the Countrey. 3. John Baltee Indicted, for that he, the 3. Decem. 1678. at the Parish of St. Bennet Fink, did steal a Silver Tankard of the value of 5l. from one Thomas Browning. He pleaded Not Guilty, and put himself upon the Countrey. 4. James Bateman Indicted, for that he, the 25th. of Novem. 1678. did steal a Silver Tankard of 5l. value, from one Nicholas Jackson. He pleaded Not Guilty, and put himself on the Countrey. 5. Hanna Henman Indicted, for that she, the 12th. Novemb. 1678. at the Parish of St. Edmund the King in Lumbard-street, did steal from Thomas Rutty seventeen yards of Venetian Silk, of 7l. value. She pleaded Not Guilty, and put herself upon the Countrey. 6. William Shakesby Indicted, for that he, the 4th. of Novemb. 1678. at the Parish of St. Sepulchres, did steal and drive away five Bullocks, colour black, of the value each of them 5l. and one Bullock colour Brindle, of 5l. value, of the Goods of William Lord Petré. He confess'd himself Guilty of that and all other Offences within the benefit of Clergy. Then the Clerk for Middlesex Arraigned some of the Prisoners in that County, viz. 1. Samuel Thompson Indicted, for that he the 4th. Novemb. 1678. did steal a Silver Cup, of the value of 20s from Thomas Halstead. He pleaded Not Guilty, and put himself upon the Countrey. 2. Mary Read Indicted, for that she, the 22 Novemb. 1678. did steal a Gold Ring of the value of 7s. from Stephen Higgins. She pleaded Not Guilty, and put her self upon the Countrey. 3. Margaret Wood, alias Alexander, Indicted, for that she the 7th. Octob. 1678. did steal from one Robert Lambert a Silver Cup, of the value of 9s. She pleaded Not Guilty, and put her self upon the Countrey. 4. Mary Hipkins and Jane Baly Indicted, for stealing some Linen of 30s. value, from Thomas Burdekin, 21 Nov. 1678. They both pleaded Not Guilty, and put themselves upon the Countrey. 5. John Leak of White-chappel Indicted, for that he the 16th. Novemb. 1678. did steal two Pieces of Broad-cloth from one William Mackham, off the Tenters in Goodmans Fields, &c. He pleaded Not Guilty, and put himself upon the Countrey. 6. Thomas Napton of Shoreditch Indicted, for that he, the 3d. Decemb. 1678. 40 yards of Broad-cloath, of the value of 16s. per yard, did steal from one Ralph Walford; and 20 yards more from one Anthrobus. To which he pleaded Not Guilty, and put himself upon the Countrey. 7. Anne Moundsel of Holborn Indicted, for that she the 4th. Nov. 1678. a Stuff Gown and Peticoat, and some Linen of small value, did steal from Mary Brasier. To this she pleaded Not Guilty, and put her self upon the Countrey. 8. Margaret Smith Indicted, for that she, the 17th. Octob. 1678. did steal six yards of Silk of a small value, two Silver Caudle Cups 3l. 10s. one Silver Salt-cellar 30s. one Silver Porringer 10s. four Silver Spoons 1l. 4s. a Livery Gown 3l. a Chamlet Cloak 30s. and 15l. in Money, from one Messinger. She pleaded Not Guilty, and put her self upon the Countrey. 9. John Johnson and Thomas Johnson Indicted, for taking away 950l. weight of Lead from off the Parish Church of Stepney, being thereto fastned. To this Trespass they pleaded Not Guilty, and put themselves upon the Countrey. Then the Grand Jury for London, coming in to bring in their Bills, were sworn anew, to enquire upon the New Commissions. Which being done, the Clerk for London Arraigned another Prisoner, viz. 10. Joseph Brown, for that he, the 16th. Novem. 1678. at AllHallows by the Wall, 100 yards of black Worsted Crape, of the value of 8l. of the Goods of Richard Croke, did steal; which he confessed himself guilty of, and of all other offences within benefit of Clergy. The Prisoners for London were called to the Bar to look to their Challenges, and the Petty-Jury were sworn, whose names follow: Francis Kenton, James Lapley, William Howel, Samuel Williams, William Salter, Richard Ketch, Nicholas Ridley, William Standen, Ralph Cook, William Whitwell, Joash Pateman, and Anthony Foster. These 12 being numbred, Proclamation in the usual form was made for Information against the Prisoners at the Bar, and for Prosecution from those, who by Recognizance were obliged to it: And those who were Impannelled fo the Jury, but were not sworn, were dismissed. Then the Jury were charged to enquire of John Baltee, upon the Indictment before mentioned, whether Guilty or Not Guilty of stealing the Tankard of Thomas Browning. To prove the Charge, one Elizabeth Web gave this Evidence, That the Prisoner at the Bar brought the Tankard to her house, and told her, he would either Pawn it, or sell it: And being asked whose it was, he said, It was not his own, but a Gentlemans hard by, who had sent him with it to Pawn or Sell. She looking upon the Tankard, saw the Name of the Owner, and the Sign where he lived, engraven upon it, to whom she sent immediately to know whether he had given the Prisoner Order to Sell it or Pawn it: and kept the Prisoner till he came, which when he did, he owned the Tankard, but denied the Prisoner had it with his Consent, and so they carried him before the Justice. Browning the Owner of the Tankard deposed that he was a Cook, living behind the Exchange, that the Prisoner, the third of December last, came in there with some other Persons to drink, and stole the Tankard, and confessed the Matter before Sir William Turner. Sir William Turner's Clerk witnessed his Confession before Sir William, and that he said, he was a poor fellow and in distress, and so took it to relieve his Wants. The Prisoner being asked what he could now say to it, denied that he took it out of the house; but said that a Man, whose name he could not tell, gave it him to pawn: he confessed his being at that House that day; but was innocent of Stealing the Tankard. But not being able to prove his affirmation, it was left to the Jury to give what Credit they would to them. The next that was tried, was Hannah Henman for stealing Silk from Mr. Rutty a Mercer in Lumbard-Street. The Witnesses were Neighbours, who deposed that the Prisoner with another Woman, went into Mr. Rutty's Shop, and there snatch'd up the Silk and went away. They followed them, and laying hold on the Prisoner, the other slipt from them and ran for it; but they found the Silk about her; upon which they carried her before the Magistrate, who Comitted her. She being asked what defence she could make, said the other Woman told her she had bought it, and gave it her to carry away; but could not produce the Woman, nor would tell the Name. Whereupon the Judge directed the Jury to find it according to so plain an Evidence; but because the man had his Goods again, left the Value to their Consideration. The Jury then without coming from the Bar, agreed of their Verdict, which they gave in thus. That, John Baltee was guilty of the Felony he was indicted for, And That Hannah Henman was guilty of the Felony she was indicted for; but they found the Value to be but 9s. After which they were discharged, and to appear at Three aclock in the afternoon, in their Gowns. Then the Prisoners of Middlesex-side, were called to the Bar, and bid to make their Challenges if they pleased. The Jury then were Sworn, whose Names were, John Cane, James Sutton, James Harper, William Rider, William Hardy, Charles Pickering, William Thomson, Thomas Phelps, Stephen Lawrence, Thomas Cox, George Calcott, and John Burt. Proclamation for Information, and Prosecution being made as before, they went on to the Trials of the Prisoners. And the first was Samuel Thomson, indicted for stealing a Silver Cup from Halstead, and Thomas Halstead the Owner of the Cup gave this Testimony against him. That there came a Boy and the Prisoner together, and were walking up and down the Street, and he sent the Boy into the Shop where no body was; the Boy takes the Cup which was in the Shop, and coming to the Door gives it to the Prisoner. And one that was coming by, seeing the Boy give the Man something, Cri'd out, upon which the Master of the House came forth, and being told what was done, run after them and took the Prisoner with the Cup, but the Boy was lost in a Croud of Twenty Boys more. That the distance of the Place where he was taken, from the House whence the Cup was Stollen, was about twice the Length of the Court. That he did not carry the Cup openly, but hid it under his Coat. To this, the Prisoner said, he was coming by there, and the Boy (whose name he could not tell, nor had he ever seen him before,) gave it him, saying he had taken it up by the Dust Cart, and that was all he could say for himself. Being asked what Profession he was of, he answered a Shoomaker. Upon which weak defence the Judge told the Jury, they were to consider of the Fact and the Value, the Party having his Cup again. The next with whom the Jury was charged was Mary Read, for Mr. Higgins's Ring, against whom Stephen Higgins deposed thus. That the Prisoner had been a Customer to the Shop for near a Twelve Month, and used to come with a high Crownd Hat covered with an Oyld Case like a Country Market Woman, and would ask for Rings of Just such a Value, and would have them no more nor no less. She said she lived at Holloway, and came almost every week to the Shop; but yet she never bought about two in all, she only would cheapen, and he lost a great many, which he believed she stole from him. The Saturday before this Ring was gone, she came to buy a hollow Ring, which she had, and paid for, all but nine pence, and then he lost a Ring. Upon Thursday following when she came, having a suspicion of her, he resolved to lay wait for her. She came and asked for a Ring of such a Value: He reach'd down a Box, in which there were Rings upon every Pin, and laid it before her, she pitch'd upon one, which being weigh'd, she said was too heavy. He, to give her an Opportunity, turn'd his Back, and she took hold on it, and put one into her Bosom. When he turn'd about he presently miss'd the Ring, and affirming the Box was full, tax'd her with it; but she denied it, and offer'd to be Searched. A Gentlewoman who was by, and had seen her put it in her Bosom, told her so, and she offering to undress her Self, they carried her into the Kitchin, and there opening her Bosom the Ring drop'd upon the Bricks in the Floor. And he said it was the Fifth Ring she had Stole from him. The Woman testified her seeing the Prisoner put her hand to her Bosom, and that she heard it fall upon the Bricks, but did not see it fall. The Value of the Ring was Sworn to be Seven Shillings. The Prisoner with a great deal of whining denied the thing, and that it was but a Trick of the Goldsmiths to make her pay for Rings he had lost. But the Court told the Jury, the Witnesses Othes were to outway her bare Allegations, and left the Matter to them, for the Value. Then was tried John Leake, for the Cloth of William Mackham, stoln off the Tenters, against whom the Witnesses gave this Evidence. Mackham Swore that he lost two and Twenty Yards of Cloth off his Tenters, part of which was found in the hands of Susan Reynolds, who said she had it from the Prisoner Leake, and other parts of it were found at the Dyers. He knew it to be his Cloth, and it was of a Popinjay Green Colour. Susan Reynolds attested that he brought the Cloth to her, and desired her to lay it up for him till he called for it. That she knew him, because he had been with her Brother six or seven times at her house. That he told her he took up the Cloth to carry to Sea with him, and he found it in Good-mans Fields, he desired her to lay up part, which was found in her house, and to carry part of it for him to the Dyers. The Prisoner, who was a Lusty Fellow and an able Seaman, said nothing; but that he found it, and being asked why he did not Cry it, he said he did not understand the way of it, but could give no Evidence that he found it. Therefore it was left to the Jury. Thomas Napton was the next Prisoner, who was indicted for stealing Cloth from Walford, and Anthrobus, against whom this was the proof. Ralph Walford testified that the Prisoner was a Polisher of Looking-Glasses, and wrought and lodged in a place adjoyning to the Room where their Cloth lay. One morning about five of the Clock he comes to Walfords house, and said that he had been Rob'd, that they had bound his feet with a Neckcloth, and his hands behind him with a Linen Stockin, and that after they were gone, he unloosed himself, and unbound his feet, and rising, look'd what Cloth was gone, and went to the other man Anthrobus, and brought him to see what was lost; and there were found missing 2 Cloths of Walfords worth 8s. odd Money, and a long Merchants Cloth of Anthrobus worth 9s. odd Money; that he let the Thieves in upon their knocking, thinking they had been the Persons belonging to the Warehouse; that he was not intrusted with the Custody of the Cloth, but permitting him to have a Key to it, and passage through it, they thought their Cloth securer for his lying there. That he would take a thousand Oaths, the Cloth was there that night. That he confessed he made no Outcry when he was before Sir William Turner. Anthrobus swore he made such a like story to him, and said it was his weakness that he did not cry out; that his Wife was gone out that morning by Three aclock to washing, as she was indeed, and that the Thieves came about Four, and he came to them about Five; That he said, he himself had lost nothing unless 3 or 4s. of his Wives, and his Kettle, which Kettle he had lent to his own Son in Law, 2 days before. The Son in Law to Walford speaks to the same effect, that he said they nubled him about the Head, and bid him go to bed, you old Dog, and then bound him; that being told by Walfords wife, it was more like to be Evenings Work to take away the Cloth, than Mornings, he reply'd, for ought he knew it might be so, for he was out in the Evening, but when he came in, he did not miss any of the Cloth, because he knew not what was there. And afterwards said, he blest be God he got no hurt, but they did beat their Pistols about his head; and before had said, he was almost killed. And the same Evidence the Woman gave. And upon these Circumstances, they suspected the Prisoner. He denied the Felony, and told the story in Court himself; and being asked whether they could not have found Rope, or any more likely thing to bind him with, than the Stockin and Neckcloth, he said there was Rope enough, but it was not in the Room he lay in, but in the Warehouse: he confessed he said it might be the Evenings work, because he had been forth, and did not see what the Thieves carried away. That it was his weakness he did not pursue them, and for fear he durst not (though he could have done it) unbind himself till they were gone. That he appealed to the very Prosecutors, he had behaved himself honestly, wrought hard for his living, and was never taxed with the wronging any man of the worth of a Farthing. Which was acknowledged by the Witnesses. Hereupon the Court left it to the Jury, whether upon these Circumstances the Prisoner was guilty or not. Jane Baley and Mary Hipkins, were next tried for stealing linnen from Mr. Burdekin. Mr. Burdekin swore that he lost the goods out of his house where his Family is constantly in Seacoal-Lane. That his Maid could tell how. She deposed, That she went out of her Masters house to fetch home a Child from School, and by a hole broken in the Window laid the key there, after she had locked the door; and she supposeth the door was opened by some that took the key out of the window, for she found it open when she returned, and that it was about four or five in the evening: and her Mistris told her, the little Dog barking very much, made some that were above-stairs come down, who found the door open, but no body there; and about half an hour after they missed the things in the Indictment. That the reason of their accusing these Women was, because one of the Shirts was offered to be pawn'd by Jane Baley at Cow-cross; and she being examined, said, she bought it of Mary Hipkins; whom also they took upon suspicion, but she would confess nothing to them. Jane Baley the Prisoner said, That the other Prisoner Hipkins sold it her at a house called the Two Brewers, for 4s. and being afterwards in want of money, would have pawn'd it. She could not produce any person that see her buy it, but she brought one Mary Burket to testifie, that Hipkins had said to her in her hearing, If she did not like her bargain, she would give her the money again upon her complaint it was too dear. And upon other discourse, Hipkins also was heard by her to say, That had it not been for a whiffling little Cur, she would have done her work better than she did. All which the other Prisoner Hipkins denied, but had not the good hap to bring Evidence to disprove it, but had offered the Prosecutor a Bond for Composition. Upon which the Court left them both to the Jury. Anne Mounsdel was the next, who was accused for stealing the Goods of Mary Brasier, and thus it was proved. Mary Brasier testified, That the Prisoner was by her permitted to lodge in her Room for 6d. a week; and one day pretending to send her out of a false Errand, with a feigned Letter into the Strand, to a person whom she could never find, and in the mean time robb'd her of a Gown and some Linen, and had got them quite away, if the Landlady of the house in which they both lodged had not stopp'd her, and taken her. Eleanor Hasset, the Landlady, related her part of the Story thus, That the Prisoner got her Daughter to write her a Letter, upon promise of a Reward: That the Child told her, She suspected the Prisoner was a Thief, and that she her self thought so too; and thereupon watched her, and saw her put on the Gown, after she had sent the Woman out, and was going away with the Linen in her Lap. She went after her, and fetch'd her back, though she ran from her twice, and had her before the Justice, who committed her. The Prisoner denied the Letter, or that she sent her out on her Errand; and said, That the Woman had lent her the Gown, and the Linen she was to have mended. But against the Positive Oaths of two Witnesses, her bare word the Court thought not a sufficient Counter-proof; however they left it to the Jury. The next was Margaret Smith, for robbing one Messenger of some Sarsnet, and Plate, and Goods, to a very great value, and Money. Messenger, the Party robbed, deposed, That she lodged in his house, and in the time of Southwark-Fair last desired him, and his Wife and Kinswoman, to go with her to the Fair, where she would make them merry, and left her Maid at home; who when they were all gone, got the Apprentice to go for a Peck of Oysters, and in the mean time stole away the other things, all but the Silk. When they came home again, she asked for her Maid; and being told she was not within, she cried out, I pray God I be not robbed; and so going to look, they found they were indeed robbed, and so she pretended she was too. The next morning she would have gone out, but the Kinswoman would not let her go alone, because she had some jealousie of her; and so went with her up and down where she pretended to go see for her Maid, and to see among the Brokers Shops for the Goods: At last, when she was in a House at Houndsditch, she slipt from her, and was not seen, till a Friend of hers coming to Messengers house, undertook to find her out, and met with her. She led them another dance, by pretending to go and receive money, which she would fain have been permitted to do alone; but the Kinswoman telling her, she would not leave her, she continued with them, and brought them to a Pewterers shop, where being sate down to drink, the young Woman pull'd off her shoe to ease her foot, and the Prisoner took advantage of it, and ran away; but being overtaken, was committed to Prison. And as to the Silk, she had it on now at her Trial, which was left at the time of the Robbery. The Prisoner denied any hand in the Robbery, and said, that she run away, because being not very rich, she was afraid of a Prison, which they threatned her with. That for the Silk, she did think it had been a Piece she had sent by her Maid to be Died, but could not prove it; nay had, after she came from the Fair, acknowledged to the Kinswoman, it was none of hers, but the Maids. The Court examined her about her Quality and Estate. She said, She had a Brother, a Gentleman in the Countrey, allowed her 20l. a year, with which, and working to the Exchange, making Mounteer Caps, she maintained her self. But the Court asking her about her acquaintance with one John Spittle, now in Newgate for Felony, she could give no good account of it, which rendred them suspicious of her. However, not finding any thing sufficient to prove her Guilty of the Robbery, except as Accessory, they so directed the Jury, and that as to the Silk, of which there was manifest proof, they should consider the value, being Dy'd Silk. With the Charge of these Prisoners the Jury went out, and had an Officer sworn to keep them. Then the Clerk for London Arraigned another Prisoner. The Clerk for Middlesex Arraigned these following. Edward Preston of Hamwel Indicted, for that he, the 6th. of Octob. 1678. did steal a Mare, colour black, of the price of 3l. from one Edward Mullet; to which he pleaded Not Guilty, and put himself upon the Countrey. Anne Harris Indicted, for that she, the 17th. Septemb. 1678, did steal Goods of 10s. value from John Jones. She pleaded Not Guilty, and put herself upon the Countrey. Richard Symel and Margaret Hutton Indicted; he, for that, the 2d. of August 1678. he did steal from Elizabeth Horner Goods to the value of 10l. and she as Accessory. Both pleaded Not Guilty, and put themselves upon the Countrey. Then the Middlesex Jury return'd, and being agreed of their Verdict, the Fore-man gave it in thus: That Samuel Thompson was guilty of the Felony, but the Goods were but to the value of 10d. That Mary Read was guilty, but the Goods were but of the value of 10d. That John Leak is guilty of stealing the Cloth off the Tenters. That Thomas Napton is not guilty of stealing the Cloth of Mackham and Anthrobus, nor did flie for it. That Jane Bailey is not guilty, nor did flie for it. That Mary Hipkins is guilty of the Felony, but the Goods were but of the value of 10d. That Anne Mounsdel is guilty of the Felony whereof she was Indicted. That Margaret Smith is guilty of stealing the piece of Silk, which was but of the value of 10d. as to the rest not guilty; whereupon the Court ordered an Indictment to be drawn up against her, as Accessory to the other Felony, of which there was strong suspicion. The Verdict being Recorded, the Court Adjourned till 3 a Clock in the Afternoon. Post Merid. eodem Die. After Proclamation for attendance, the London Jury were called, and the Prisoners to their Challenges; which being none, the Jury were sworn as before: And Proclamation for Information and Prosecution being made, they were charged to enquire of these Prisoners. First, One White, of the Towre-Ward, was Indicted for Burglary; and acquitted. The next that was tried was James Jackson, for stealing the Tankard from Nicholas Jackson, who deposed thus; That he did believe that to be the man who came into his house, and called for a Tankard of Ale and a Toste, which when he had eaten and drank up, he called for another; which while I went to draw, the Prisoner clapt down a Pewter Tankard instead of the Silver, and goes away. That he was a Victualler, at the Sign of the Cheshire-Cheese in Thames-street. That he went to sell it to a Gold-smith, who upon examination found that it was his. Which the Gold-smith attested. But the Prisoner denied that ever he was in his house; and said, That he had bought the Tankard five years ago, of one whom he did not know by name, nor could find, in the Minories. The Owner swore it was his Tankard, and that he was in his house that day. And the Court left it as a plain case to the Jury. The third they were charged with, was Stephen Arrowsmith for the Rape committed on Elizabeth Hopkins. To prove which, a Girl of between 9 and 10 years of Age, gave this Testimony without being Sworn. That she saw in a Room, the Prisoner lying a top of the little Girl, but what they did she knew not, but the Girls Petticoats were up, nor did she cry out. The Girl that was ravished, being between 8 and 9, testified that he had had to do with her for half a year together every Sunday, that she was hindred from crying the first time, by his stopping her mouth, and that he gave her money afterwards; and she never discovered it, till some of her friends observing her to go as if she were very sore, examined her, and by telling her she would be in danger of hanging in Hell, got her to confess, that the Prisoner was her fathers Prentice. One Mrs. Cowel did testifie that upon observing her going, and other Circumstances, she did resolve to examine her, and made her confess, which she did, and being searched, was found shamefully abused, and sent to the Doctors to cure. The like was attested by one Mrs. Sherwin, and by a Midwife, who said, she had got a very foul disease by it. The Prisoner with a great many tears denied the Fact, and desired some Witnesses might be called. Among whom there was a maid that lived at the Doctors where the Girl was for Cure, who testified that the Girl upon Taxing her, why she did conceal it, said, she took Pleasure in it, and that upon Examination there were no Symptomes on the Prisoner, as the Doctor said, of any such disease as the Girl had, which was indeed the Pox; which was also attested by one Mrs. Rawlins: and the Prisoner protesting his Innocence, alledged that they offered a Composition. All which notwithstanding, the Court with great detestation and abhorrence of so Horrid and Vile an Offence, told him the Matter was so plain against him, that he must have as great impudence to deny it, as he had wickedness to Commit it; that her consent would not save him, for the Statute provides, that a Child under 10 years of age, should not be abused with, or without her Consent. That the First Violence whereby he stop'd her Crying, made the Rape, had it been a Woman above 10; that if the Parents were so wicked, as to offer a Composition, yet that made not him innocent. The Jury not seeming satisfied with the Evidence, the Lord Chief Justice Scroggs and others were of opinion, that the Girl that was Ravished, might give in her Testimony upon Oath; but it was forborn for the present, and left to the Jury. Who were sent together to consider of their Charge, with an Officer sworn to keep them according to Law. In the mean time, the Clerk for Middlesex arraigned Mary Hutchins of Fulham, indicted for that she, the 3d. of Octob. 1678, did steal some Plate and Linen, from one, to which she pleaded not guilty, and putteth her self upon the Countrey. Elisabeth Gates for stealing a Cup of 14s. Value from one Dennis King, the 14 of Novem. 1678. She pleads not guilty, and put her self upon the Countrey. After a considerable space of time the Jury returned, and having answered to their Names as called, agreed that the Foreman should speak for them, and gave in this Verdict. That James Jackson was guilty of stealing Nicholas Jackson's Tankard. And they offered this further. That Stephen Arrowsmith was not guilty of the Rape: which Verdict Mr. Recorder, not conceiving it to be according to their Evidence, would not take from them without further deliberation, and labour'd to satisfie them of the Manifestness of the Proof. One of the Jury being an Apothecary, said it was his opinion, that a Child of those years could not be Ravished. Which the Court told him was to Elude the Statute, that having provided a Punishment, had done it in vain, if there were no offence, and so he did tax the Wisdom of a whole Parliament; Which ought not to be. Others of the Jury, because the Girls were not sworn, doubted of the sufficiency of their Testimony, and they had nothing but hearsay from the other Witnesses. But the Court told them, in regard such Offenders never call others to be by while they commit such actions, they could expect no other Testimony than from the Party injured, which they had, and with it of an eye Witness, both whom they forbore to Swear, because of the tenderness of their Age; but if they insisted upon it, they should be Sworn. Upon this the Jury went out again, and while they were deliberating, information was given to the Court, that they had the two Children with them, which was against the Law. Whereupon the Officer appointed to keep them, was sent for, and it being sworn against him, that he had admitted them in, he was sent to Newgate, though he alledged another Officer brought them to him as from the Court, but that Officer swore the contrary, and therefore the other was detained in Custody. The Jury being sent for about this matter, when they came, said, they sent not for the Children, nor desired to have them: and the Court to give further satisfaction, swore the Children, having examined them, whether they understood the nature of an Oath, and the danger of Perjury, which they gave a Rational account of. And the Jury went away again. That Stephen Arrowsmith was guilty of the Rape, and they were discharged till the next morning at Ten of the clock: it being late, the Court was Adjourned till Seven. Wednesday the 12. of Dec. 1678. Nine of the Clock. Proclamation was first made for Attendance. Then the Clerk of Middlesex called for John Worsley, who was indicted for seducing the Kings Subjects from their Obedience, and from the Protestant Religion. But when he was brought up, the Court thought fit to defer his Arraignment and Trial till the next week. He then Arraigned Nathaniel Russell and John Watson, indicted, for that he the said Russell, 18. Nov. 1678. did voluntarily, and of malice forethought, with a Rapier give to William Midley a mortal wound on his Breast, of which he died, and that the said Watson was by, aiding, abetting, comforting, and maintaining. To which indictment both pleaded not Guilty, and put themselves upon the Countrey. Then the Prisoners were called to their challenges, and the Middlesex Jury sworn; the usual Proclamation made, and the illegible charged upon them in Order. Mary Hutchins indicted for stealing a Silver Sivler Cup and Linen, against whom the Evidence was, That she was a Servant in the Persons house about a week, from whom the Cup was stolen. That she being gone one morning out of the house, they missed several things. She being suspected for them, and that she was run away, Pursuit was made after her by a young man, who overtook her, and found the things about her; that he charged a Constable with her, and had all the things again. The Prisoner could not deny her taking the Particulars, but the Owner having them again, the Value was left to the Jury. Edward Preston, indicted for stealing a Mare from Edward Mullet. Mullet himself deposed, that the Prisoner was his Servant, and took the Mare out of his Ground, and carried her to Tame, and there sold her for 30s. and about 3 Weeks since he was taken. The Person that took him, deposed, that he confessed the taking of the Mare out of the Ground, and selling her. The Prisoner said he took the Mare, to go for a Dragooner, that when he came to Tame, the Troop he thought to go in, was gone; and he being ashamed to carry the Mare back again, and in his distress for money, sold her, but the man had the Mare again. Upon which confession the Court left it to the Jury. Elisabeth Gates was tried for stealing a Silver Cup, of 14s Value, from one Dennise King. Who deposed, that she had confessed the Stealing to her, and that a little Girl had seen her in the house that day, but she went away, and on Thursday after was seen, and known by the Girl, Apprehended upon Suspicion, and before the Justice confessed it. The Prisoner did not deny being at the Womans house, but now denied the taking of the Cup from thence, and that ever she confessed it. Upon which the Jury were directed to consider of the Evidence, and the Value. Then Richard Symell Indicted for stealing the goods of Elisabeth Horner, and Margaret Husen, as accessory, after were tried. Broccas a Constable, deposed, that he took him, and before the Justice he confessed he took the things out of a Trunk and Box, and sold them to the Prisoner Hutton, in whose house we found them. Symel the Prisoner, for himself said, He indeed did take them, but he thought they had been his Wives, for they were in her Lodging, who was then newly come from Service; and he thought he might make bold with them, being hers, and sold them to the other Prisoners. Hutton confessed she bought them of the other man, but denied that she knew them to be stoln Goods, or used to be such; that he told her they were his own, and not his Wives. Anne Harris was the next, who was Indicted for stealing the Goods of John Jones. Against whom Jane Harris, the Wife of John Harris, swore, that she lost Goods of a considerable value, and that the Prisoner was taken in Southwark selling part of them. The Woman to whom she offered them to sale attested it, and that she told her she had bought them. The Prisoner her self saith, she bought them of a man, but his name she could not tell, nor where he lived. So the Court left her to the Jury. One Wood was Indicted for stealing a Silver Cup of 9s. value, of Robert Lambert, and was acquitted. Thomas and John Johnson Indicted for the unlawful taking the Lead off from Stepney-Church; the Evidence was this: Knight, a Head-borough, was with his Watch going the round, saw a Ladder standing on the side of the Church, and enquiring of the Clerk and the Sexton whether it were there by their Order, found it was not; and therefore taking away the Ladder, got up another way to the top of the Leads. But at the side of the wall, they found three parcels of Lead rolled up, and which was thrown down. When they came up, they found these two men there; being asked what they did there at that time, all they would answer, was, It was their fortune to be there. But going onward, they found some more parcels of Lead, which they acknowledged they had cut up with a knife; the whole was about 950l. weight, but none was removed away. They said the Ladder was theirs, which was afterwards found to be another mans, and not lent by him neither. The Prisoners said, They heard a noise on top of the Church, and went up to see what was the matter; but before they could get down, the Watch had taken away the Ladder: and they denied the taking away of the Lead. The Court left it to the Jury upon the Evidence. Nathaniel Russel and John Watson Indicted, for the murder of William Midgley, against whom it was thus proved: Dorothy Midgley, Sister to the Person slain, deposed, that Watson, who was a Bailiff, came with Russell to arrest her for a debt of 3l. which she owed an Aunt of hers. And coming into the room, her Brother stood before, and was stabb'd by one of them immediately; that she thinks it was Russell stabb'd him: That he lived till Thursday, and then died; and that he gave them no ill language. Elizabeth Symmonds, who was then in the Room, testified, That the Boy did not give them any provocation; That he had a piece of Curtain Rod, which she did not see him lift up against them. Rebeccah Niccols, who also was by, swore, That Watson, when he came in, run him down into a Chair, and the other run him through. That Russell came in with his Sword drawn, and they were heard from without to swear, they would kill any one that opposed them. Stephens, a Chirurgeon, proved, that he died of the wound. Russell the Prisoner, in his defence, said, That the Plaintiff in the Action calling them upstairs, told them, they must look to themselves, for there was a Young man intended to kill them. That upon their coming in, the Young man made at them with a bright thing, like a Spit or a Sword; and in his own defence, he retreating back, doth not know how the Boy was wounded. Watson for himself said, That being ordered by the Plaintiff to Arrest Dorothy Midgley, when he came to the door, he heard the Boy say, I will run my Spit in some of your guts; but putting him aside, he Arrested his Prisoner, and heard some body cry out, I am killed; upon which he run to him, and opening his breast, there he found a great wound, and gave him some Brandy to drink, and covered him with a warm Napkin. That the Defendant Midgley came to him, and cut him over the face with a Pot, and asked him what he staid there for, he had been the death of her Mother and her Brother. That about five years ago he had arrested her Mother, and she died in Execution; but he denied any hand in this Murder. The Plaintiff in the Action said, She did employ Watson to Arrest Dorothy Midgley, and that he went streight forward to her, her Brother being by; and that a Fellow came in and wounded the Boy, and run out again before he could cry out he was wounded: but who he was she knew not; but she did not see nor hear the Boy make resistance, or give any provocation. That it was onely a piece of Curtain Rod the Boy had in his hand, but neither struck stroke with it, nor run at them. Then the Writ and Warrant to justifie the Arrest were read, whereby upon the Return it was found, that they had returned a Rescous by the Party that was killed, which the Court told Watson was a great Evidence against him. Whereupon directing the Jury, they were told, that there being no provocation, the Law implied the malice to make it murder. But how far the persons accused were guilty, was left to them to consider upon the Evidence. Then the Jury withdrew to consider of their Charge. The Clerk for London Arraigned these Prisoners. William Lucas Indicted, for that he, Decem. 2. last, did steal a Tankard of 6l. value; confessed the Indictment, and himself to be guilty of that offence, and all within Clergy. John Macarty, for stealing the same Tankard, pleaded Not Guilty, and put himself upon the Countrey. George Cletheroe Indicted, for stealing some Linen from one John Delavier, he pleaded Not Guilty, and put himself upon the Countrey. Ralph Leech Indicted, for that he, the 9th. of Octob. 1678. did steal from Henry Wood nine pair of Silk Stockings. He pleaded Not Guilty, and put himself upon the Countrey. A Lieutenant and some Soldiers were Indicted for misdemeanor committed by them, in endeavouring in a riotous manner to take away a Prisoner, the 16th. of November last, out of the Custody of one Newton, a Serjeant in London. They all confess'd themselves guilty of the offence, and submitted to the Mercy of the Court. Whereupon Mr. Lane, Comptroller of the Chamber of London, being of Counsel for the King, opened the Cause, to give the Court satisfaction in the matter: That one Sparks being Arrested by Newton, told the Officer, he ought not to be Arrested, because he was a Soldier. The Officer told him, he had some reason to doubt it, because he had not on the Kings Cloathing; but he should have the liberty to send to such of his Officers as he thought fit. Upon which he sent a Porter to the Serjeant of the Company of Granadiers, who not being met with, the Note was delivered to the Lieutenant; which when he had read, with great Passion and Swearing he demands to know the Officers name, and cursing himself, said, If he could meet with him, he would cut off his ears. He then gets his Company together, acquaints them with the business, leaves the main body of the Company in Cheapside, over against Woodstreet, selects a dozen out of them, and coming down Woodstreet with Muskets, and Daggers in them, and with Oathes and Arms would have stormed the Counter, demanding the Prisoner. It was with great difficulty that they persuaded him he was not in the Counter, but in a House near by. Thither he goes cursing and swearing he would pull the House down, fire the House, and make that Rogue the Officer an Example for daring to Arrest a Soldier. The Serjeant told him, Sir, I am not throughly satisfied he is a Soldier, and desired to see the Muster-Roll: But he would not vouchsafe to let him have that favour; take him away he would, and did, in triumph to the Offenders, and to the terror of all Civil Justice. The Lord Mayor and Court of Aldermen being acquainted with the matter, order Mr. Recorder and the two Sheriffs to wait on the Lord General the Duke of Monmouth, to let him know the whole business, and to desire him to deliver up the Offenders to be punished. His Grace did immediately concur to it; and having Casheer'd them from the King's Service, hath sent them hither, where, said he, we hope they will be satisfi'd now, as we are all well assured that, by the blessing of God, and the care and courage of our Magistrates, Soldiers, though they may and ought to assist, yet they shall never be permitted to be Arbiters and Comptrollers of Publick Justice. The Lieutenant would have excused and palliated the matter; but the Council having Affidavits, and Viva voce to prove his Accusation, and it having been examined before the Lord Mayor and Court of Aldermen, they were committed to the Gaol in order to their Judgment. Then the Jury for Middlesex returned with their Verdict, which the Foreman gave in thus: That Mary Hutchins is guilty, but the Goods were but to the value of 10d. That Edward Preston is guilty of stealing the Mare. That Elizabeth Gates is not guilty. That Richard Symel is guilty, but the Goods were but to the value of 10d. Whereupon Margaret Hutton, Indicted as Accessory, was discharged. That Anne Harris is Guilty, but the goods were but to the Value of 10d. That Margaret Wood is not guilty of the Felony, &c. And That Thomas and John Johnson, are guilty of the Trespass, in taking away the Lead from Stepney Church. That Nathaniel Russel, is guilty of Murder, in killing William Midgley. And That John Watson is not guilty of that Felony, and Murder. An Officer of the Court, gave information upon Oath, that a Souldier leaning over the Bail Dock was spoke to come down, but refusing, was pulled by him, whereupon he laid his hand to his Sword, and swore if he had him out, he would kill him: upon which information, the Court committed him to the Goal. The Clerk for London called the Prisoners to their Challenges, Swore the Jury, and made Proclamation for Information and Prosecution, in usual Form. The first Prisoner tried was, Ralph Leech, Indicted for stealing the Silk Stockins to the Value of 4l. 10s. Against whom, one Summer deposed, that he knew the Prisoner very well, and that the first of Octo. last, he saw him steal from Mr. Woods Shop 9 Pair of Silk Stockins. That he is a Workman to the Shop, as he is to other Hosiers Shops; where coming in a morning betimes, he had Opportunity to look over the Silk Stockins, and sometimes would buy. That this day looking over two Boards of Hose, he would now and then put a pair in his Breeches, till he had put in 9 Pair. Another Person being by, he desired him to go for a Constable. Then the Prisoner offering to go away, he stay'd him, and asked him how many Pair he had bought, he answered, None. But, said he, I must speak with you Mr. Leech, and having him up stairs, told him he had something more then was his own, he was in such haste to be gone, and urging him with it, he did desire him to be mercifull to him, or his Wife and Children were ruined, and pull'd out the Stockins 9 Pair in all, which when he was carried before Sir John Frederick, were produced against him, and he confessed it, saying, The Devil owed him a Shame. The other Witness affirmed the same, and had seen something before, which he did not like, but durst not venture upon him, because he was a great man in the Trade; and would have ruin'd him. The Prisoner who was an old Man, with a very gray head, by Trade a Silk Stockin Trimmer, and of a plentifull Fortune, had nothing to say for himself, but that he took them for money they owed him, which poor excuse was not accepted by the Court, but they directed the Jury to find him Guilty, upon so plain an Evidence. Then Richard Bradshaw was Indicted for High Treason, in clipping the Kings Coyn. To prove which, one Brauthwayt, a Linnen Draper in Newgate Street, gave Evidence, that the Prisoner was his Apprentice, and that he heard he had given a neighbours boy, one John Jolliffe, some pieces of Silver, which being brought to me, he did acknowledge he had clipped them with a pair of Scissors, that were in Court. That he did use to trust him, with receiving, and paying Money for him, but never knew any ill of him, nor found much clipped money among his Cash. That he had taken him Apprentice without money. Another Witness swore that he confessed it before Sir William Turner. And a Goldsmiths Boy shew'd some Ingots, which he had from that Jolliffe, who said he had them from the Prisoner, but he was not to be found. The Prisoner now had nothing to say for himself, but that he had the Silver from that Jolliffe. Upon which he was left to the Jury. The next was John Macarty, for stealing a Silver Tankard, out of a house behind the Exchange. The Boy of the House testified that he, with William Lucas, who confessed the Felony, came to his Masters house, who is a Cook; and while the Boy went down for a Pot of drink they called for, they step'd strep'd into the Kitchen where the Tankard was, and taking it thence, away they went, before he came up again. That the Tankard was there before he went down to draw the drink. That they came in friendly together, and went both away. That they had the Tankard again by means of a Woman, with whom Lucas left it to keep till he came out of Prison, where he was, being taken that night by the Watch. The Woman testified the delivery of it by Lucas, but she saw not the other Man. The Prisoner, for himself, said he was pushed and josled by the other man Lucas, whom he had never seen before in his life, and that upon their Fighting, the other invited him to drink, and when the Boy was gone down to draw the drink, Lucas went into the Kitchin, and came out again, and called him out to go away with him, which he did, having no business there. The credit of which story, upon the Boys positive Testimony, was left to the Jury. Then Hannah Downes was tried, for stealing 4l. in money, from Thomas Goddard in the Vintry. The Evidence was, That she being a poor Girl, was by them taken up, and upon recommendation, by a Letter from a Quaker, entertained in the house where she lived about two Months, and then was bound Apprentice to the Woman: that the man leaving of his Britches, in which was the Key of the Ware-house, where the money was, she had taken it, and taken away about 4l. at several times; as she confessed that she run away to Rochester, and there was taken, and before the Justice confessed the thing. The Prisoner said, she run away because they abused her, and beat her, and pinched her in her Victuals, but denied she stole any Money, or that she did confess it. Which was submitted to the Jury. The next was George Hunt, for stealing Brass Buckles, and some small things. But it appeared upon the Evidence, a Prosecution out of Malice, because of an Action of slander, by the Prisoner commenced against the Prosecutor. And there being no colour for the Accusation, the Court directed the Jury to find the Prisoner not Guilty. The last for London was George Cletheroe, Indicted for stealing the goods of John Delavier. One Burbeck deposed, that about six of the clock in the Evening, the Prisoner came into the house, and going out, he saw him; and asked him what he did there; but received no answer. That he cried stop Thief, and upon that Outcry he ran, but was overtaken. That the Linnen which he is Indicted for, was taken out of the house, and dropt 4 or 5 houses from that house. Another man Witnessed, that upon the cry of Stop Thief, he made towards the Prisoner, who to save himself, cry'd Stop Thief too, and when the Witness came up to him, Struck him; but he was Apprehended, notwithstanding his resistance. And one that saw the Linnen in that place, and took it up, attested it. The Prisoner denied being in the house, and said, that he was pursuing one that came out thence: but the first man affirmed positively that he was there, and that his Wife three days after his Commitment came to entreat him not to prosecute him. The Jury, after a short recess, did give in this Verdict of the Prisoners under their charge. That Ralph Leech was guilty of the Felony he was Indicted for. That Nicholas Bradshaw was guilty of High-Treason. That John Mackarty was guilty of stealing the Tankard. That Hannah Downs was guilty of the Felony to the value of 9s. That George Hunt was not guilty of the Felony he stands Indicted for: And the Court taking notice of the malicious prosecution, gave him leave to take a Copy of the Indictment. That George Cletheroe was guilty, but the Goods were but to the value of 10d. Then the Court Adjourned till 3 of the Clock in the afternoon. Post Meridiem eodem die. Proclamation of Attendance being made, the Lord Chief Baron called for the Granadiers, who were in custody, and told Mr. Recorder, That he being, by the custom of the Court, to give Sentence upon Offenders there, the Judges did give him their advice. That the Peace of the Kingdom was so nearly concerned in this Cause, that it deserved an exemplary Punishment; and the lowest Fine they would counsel him to set, was 200l. upon the Lieutenant, 50l. upon the Serjeant, and 20l. a piece upon the Common Soldiers. Which was by Mr. Recorder Sentenced accordingly, with this Reproof. YOu that are the Prisoners at the Bar, the Court and the Government are sensible of the great affront by you put upon the Authority of the Nation in general, and this City in particular, and what danger you might have brought your selves into: For you gave such a Provocation, at such a time, within the very heart of the City of London, that might have proved the occasion not onely of bloodshed to others, but utter ruine to your selves. The Court, I say, and the Government, and your own General being sensible of this, and satisfi'd of your Guilt, have brought you hither, where being under the Power of Justice, you ought to receive the Sentence of Justice for your great Offence; and because your Crime is great, such must be your Judgment. For though you are Soldiers, Gentlemen, and ought to have all due encouragement, yet you must not think, by the Authority of your Arms, to control the Authority of the Civil Magistrate. And because the Lieutenant should have known better his duty, and taught it to them under his care, his Fine must be the greatest, because his Knowledge was, or should have been so, and deserves the highest resentment. The Serjeant, who should have also known better, must receive a Punishment according to his Degree. And the Common Soldiers, though under their Command, yet being great Offenders, must receive an exemplary Punishment. And I do in the name of the Court, and the Court doth Order, That the Lieutenant pay for a Fine 200l. the Serjeant for his Fine 50l. and each Common Soldier 20l. to the King; and that they be Committed till they pay these several Fines. Then the Clerk for Middlesex Arraigned Thomazine Davies, alias Sparks, alias Bailey, Indicted, for that she, the 8th. of Decemb. 1678 an Indian Gown, and other things, to the value of 4l. and 18s. of money, did steal from Lewis Gastring. To which she pleaded Not guilty, and put her self upon the Countrey. William Baker Indicted, for having two Wives, against the form of the Statute. Pleaded Guilty. Judith Smith Indicted, for that she, the 29th. of Octob. did steal some Linen of a small value from John Smith. She pleaded Not guilty, and put her self upon the Countrey. James Furner of White-chappel Indicted, for that he, the 12th. of Novemb. 1678. did steal a Mare, colour brown, from one blank space He pleaded Not guilty, and put himself upon the Countrey. James Smith Indicted, for that he, the last of Octob. 1678. did steal three Hogs, colour white, of the value of, every one of them 35s. from Leonard Sanders. He pleaded Not guilty, and put himself upon the Countrey. William Brayn Indicted, for that he, the 6th. of Septemb. 1678. did steal one Gelding, colour brown, from Ambros Galloway. He pleaded Not guilty, and put himself upon the Countrey. Matthew Momford Indicted, for that he, the 23d. of Novemb. 1678. being a Soldier in the Company of John Drew Esq. a Captain in the Service of the King, there was a certain discourse had between him and one Thomas Topping, and one James Sanders, concerning our Sovereign Lord the King, and the Religion in the Kingdom established; he the said Matthew Momford said he was a Papist: Upon which the said Topping and Sanders told him, he was not fit to be a Soldier then in the Kings Service. He repli'd, I hope to see you all burn'd, and to be at the burning of you. To this Indictment for a Contempt and Misdemeanor, he pleaded Not guilty, and put himself upon the Countrey. Then the Prisoners were called to look to their Challenges, the Jury sworn, and Proclamation being made for Information and Prosecution, as before, they were charged to enquire, First, of William Brayn, for stealing a Gelding from Ambros Galloway; against whom One testifi'd his knowledge, that it was Ambros Galloways Horse; and another, that he bought it of the Prisoner. But Ambros himself, being a Quaker, would not, for Conscience-sake, as he said, swear, and so could give no testimony about his losing him. Upon which the Court directed the Jury to find the Prisoner Not guilty for want of Evidence, and committed the Quaker, as a concealer of Felony, for refusing an Oath to Witness for the King. Thomazine Davies, for stealing an Indian Gown and other goods, to the value of 4l. and 18s. in Money, from Lewis Gastring. Mary Gastring, the Wife of Lewis, swore, That going out to a Neighbours house, she then lost those goods, and found them with the Prisoner at the Bar; that the things were in several Boxes and Trunks, but none broken open. Walter Turner deposed, That on Sunday 8th. Decemb. 1678. in the afternoon, walking in the Alley where his house was, he did see the Prisoner pass by him with an Apron full of things; and that Mrs. Gastring coming out, and complaining of her loss, he told her what he had seen, and overtaking the Prisoner, upon pursuit these things were found with her. The Prisoner said that another woman, with whom she was drinking a pot of drink, gave them her, and desired her to carry them for her to such a place; which she was going to do with the things in her Apron, but not telling the womans name, nor producing any Witness to prove it, the Court left it to the Jury. Then Judith Smith was tried, for stealing the Goods of John Smith. Against whom, John Smith, deposed that he had lost the Goods, in the Indictment, that she confessed the selling of some part to the Brokers, and named many particulars, that he could not say, they were taken all at one time, but being his Servant, she had opportunity to convey them away as she pleased, and that he did not miss them, till a fortnight after the time she confessed of taking them. The Prisoner for her self only said, that her Master charged her with more than she had. Upon which confession of part, and the things being taken at several times, and not all, the day laid in the Indictment, The Court left the Value to the Jury. James Turner for a Mare, colour Brown. Upon whose trial, it appearing that he had been Auterfoits acquit, the Jury were discharged of him. James Smith was next, for stealing three white Hogs from Leonard Sanders, who deposed, That he, the last of October, i.e. Allholland Eve, lost two great Hogs, and a little one, worth 5l. that he pursued them by the Track, but at last lost his intelligence. Another Witness swore, that he met the Prisoner Smith in the morning of that day, when he said, he was going to buy Calves, and after, met him driving three Hogs, a little one, and two great ones, which he said he drove for another, not for himself. Sanders not seeing the Hogs in Smiths possession, nor the other Witness not minding them, could tell the marks, and therefore the Court asked the Prisoner, whose Hoggs they were that he drove that day, he denied he ever had any, or saw any. Which Evidence being uncertain as to the particulars charged, the Court left to the discretion of the Jury. Matthew Momford, for his contempt and misdemeanor, in speaking the Words. One of the Witnesses swore, that the Prisoner being at his house to drink, upon some discourse said, he had been a Papist seaven years: then said he, you are not fit to stand Sentinel where the King passeth, for you may kill him as he goes by you. Then in a fume he replied, I hope to see you burned, and be at the Burning of you. The other said, that Momford said he was a Staffordshire man: then said the other, you must be a Papist, for all the Momfords in Staffordshire are Papists, he replied so was he. Then you are not fit to be a Souldier; he in a passion cri'd out, he hoped to see us all burnt, and be at the burning of us. They both said he was in drink, with which the Prisoner would have excused the matter, but the Court told him it was no excuse, but an aggravation. And left him to the Jury. The last was John Spittle, for stealing the goods of Humphrey Wych. Against whom Wych gave Evidence that he lost such goods as are charged in the Indictment, and found them in the Custody of the Prisoner, and that the value was 7s. And one Bayley deposed, that being a neighbour of Mr. Wych, and sitting in his Shop, he saw two Women and a Man, standing at Wych his door, first one woman went in, then both, and went away, and the man went in, and coming out with something under his Coat, he went and follow'd him, telling him what he had was not his own, and called to the man of the house, who coming out owned the things. The Prisoner said he found them at the door, but the Constable upon his Oath testifi'd that he confessed at his taking, that the had them out of the Drawer. The Court left it to the Jury, who after a little recess being agreed of their Verdict concerning these Prisoners, brought it in thus. That Thomazine Davies, is guilty to the value of 10d. That Judith Smith, is guilty to the value of 10d. That Willaim Brayne, is not guilty. That James Smith, is not guilty. That Matthew Momford, is guilty. That John Spittle, is guilty to the value of 8s. The Petit Juries for London and Middlesex were discharged. Then the Court proceeded to Judgment upon the Prisoners, according their Convictions. Those to whom the benefit of Clergy, as Men, and the punishment of Branding, as Women, was allowed, were. In all 8. in London. In Middlesex. William Baker, and Anne Mounsdell. Ralph Leech for respect to his age, the Court took time to consider after a very severe check, and having craved the benefit of his Clergy. John Spittle, who desired transportation, was set aside for it. John Paine, who had confessed himself guilty of Felony upon his Arraignment, for marrying a second Wife, the first being alive, did desire the benefit of his Majesties late Gracious Act of Pardon. Which the Court upon perusal of the Act thought fit to grant him, but told him that he ought to make a recompence to the parties injured, which were both his Wives, for Pœna potest dirimi, culpa perennis erit. The Persons ti'd up by the Executioner for judgment of Death were these Six. Susan Banster, for stealing goods of 13l. value, and who had been sentenced to be transported before. Stephen Arrowsmith, for a Rape committed upon Elisabeth Hopkins, an Infant of ef 8 years of Age. Nicholas Bradshaw, for high Treason, in clipping the Coyn of this Kingdom. John Leak, for stealing Cloth off the Tenters, contrary to the Statute in that case provided. Edward Preston, for stealing of a Mare. Which by Statute also is deprived of benefit of Clergy. And, Nathaniel Russell, for the Murder of William Midgley. These Persons being severally called to the Bar, and told of their Convictions, were demanded of, what they could say to arrest the judgment of Death: they could alledge nothing, and therefore Proclamation being made for Silence, while judgment was in giving, the Recorder spoke to them thus. YOu that are the Prisoners at the Bar have been severally Indicted of several Offences, and upon your Trials, you have had the benefit of the best of Laws, because you have had the liberty of making your defence to the several Accusations whereof you have been accused. You have been fully heard, and by Persons of known integrity, who have been Triers of the Fact, and Countrey-men of your own, sworn to do you Right; you have been Convicted of the several Offences wherewith you stand Charged, and nothing remains, save onely for the Court to do that Duty which the Law requires of them, to give Judgment upon those Verdicts by which you stand Convicted. This is a Duty incumbent on the Court, though a sad one; and I must confess, I cannot but be much troubled to see Youth arrived to that heighth of Debauchery, notwithstanding the frequent Examples that are found in this Place. So that I must say, and I tremble to think I am obliged to say, That the frequent Examples of this Place seem rather to be Examples to some to outdo the Villanies that are punished here, than to deter them from the commission of them. When I see some among you there, that now seem mighty full of grief, and sense of the deplorable condition you have brought your selves into; who have had Mercy shewn them here, and yet continue to offend so gracious a King; when nothing will work upon you, but you will persist in so vile an habit of wickedness; it seems to me, that absolutely necessary Judgment be speedily executed upon you, there being so small hopes of Reformation. I speak this to let the World know, Mercy is not to be shewn to such, as after forgivness sin yet worse. And in as much as you have received fair and full Trials, upon which you have been Convicted, you have by your own vile carriages forfeited that Life, which you might else have happily enjoyed; and shorten'd that, which by your own industry you might have preserv'd and lengthen'd, to the comfort of your selves and Friends, and the good of your Generation. And now it remains onely for you to take care of that little, very little time that is left you, to improve it to the utmost, for the advantage of your immortal Souls. For having by your great wickedness and publick affronts to the Justice of the Nation forfeited your lives, it will be needful for you to employ the minute of breathing time to prepare for Eternity. For though the Law do inflict the punishment of death on you here, you have God in Heaven, and a blessed Saviour and Redeemer, to whom, upon Confession and Repentance, you may with hopes apply your selves for mercy in the World to come. And it will be the duty of every good Christian, not onely to take care, that being warned by your Examples, they avoid the mischiefs you have run into, but also to joyn their Prayers, and all the assistance they can contribute, to the saving of your Souls, who by your Crimes have thus destroyed your Bodies. Some of your Offences are of a more vile, more black, and more dangerous nature than others; one of you stands Convicted of that most horrid Crime, Murder, blood which cries out to Almighty God for vengeance; Murder, I cannot but say, without any provocation; which is not onely an offence against the Law of God, but even against Nature, for one man to destroy another without a provocation. If there were no such thing as a God in Heaven, or Justice upon Earth, Nature it self teacheth a man not to be barbarous to his own likeness. Therefore it will become thee to use all the tears thou canst shed, to wash away the blood thou hast spilt, and that will not be enough to take off thy guilt; for nothing but the precious blood of our dear and blessed Lord and Saviour, the Lord Jesus Christ, can save a man that is guilty of so great and horrible a wickedness as shedding innocent blood. And for the rest, their offences have been such, as by the Law are to be punished with death. It will become you to betake your selves to Repentance; and I expect it from him whose proper business it is, that he give you all the assistance he can to promote so good a work, by helping you to spend your little time well, in order to a happy Eternity. This I have spoken in charity to your Souls. I do therefore in the name of the Court pronounce this Judgment upon you all, save onely the Youth that is convicted for clipping the Kings Coin, That you shall go from hence to the place from whence you came, and from thence to the place of Execution, where you shall severally be hanged by your necks till you be dead; and Jehovah the Lord of Heaven and Earth have mercy upon your Souls. Then he applied himself to the Young Man for Treason, thus: YOu the Prisoner at the Bar, have likewise been Arraigned and Tried for an Offence, that by the Law is made High Treason, the Clipping of the Kings Coin. I am sorry, heartily sorry, and very much lament to see a Youth, in whom there seems to be so much modesty, far from persuading any one to believe, that any manner of Villany should lurk underneath so promising and so good a Face, come under the guilt of so great an Offence. But the truth of it is, the Apprentices of London have got such a Trade of abusing their Masters by Clipping, and such tricks, which they are encouraged to by a pack of Goldsmiths Men, who are fit for their purpose, that if some of them be not made Examples, it will be the ruine of many. It is a disease that will run through the whole Flock. And I am sorry to see you the first sad lamentable instance of that Justice, which must pass against Offenders of that kind, whose modesty should have prevail'd upon you, not onely to look like a vertuous Boy, but so to have acted. But in as much as thou hast offended the Law, it will become thee also, if thou hast offended thy Master or any body else, to make them what reparation thou canst, by making confession of the offence, and discovering the Parties that were concerned with thee, whoever they are. For there can be no better means for Salvation in the next World, nor hopes of Mercy in this World, than by confessing thy Crimes, and telling the Accomplices, and 'tis my advice, Tell all thou knowest. But I must declare the Judgment of the Law, which is this, and the Court doth award it, That you are to go from hence to the place from whence you came, and from thence be drawn on a Hurdle to the place of Execution, where you shall be hanged by the neck till you be dead, and the Lord have mercy upon your Soul. Then Susan Banster being asked what she could say in delay of Execution, she desired to be Transported. Then the Prisoners Convict for Petty Larceny, who were these, George Cletheroe, Samuel Thompson, Mary Read, Mary Hipkins, Margaret Smith, Mary Hutchins, Richard Symell, Thomazine Davies, Judith Smith, and Anne Harris, in all, Ten: whose Sentence was delivered thus: YOu the Prisoners at the Bar, I have observed in the time that I have attended here, that your Pick-pockets, Shop-lifters, and you other Artists, which I am not so well acquainted with, which fill up this place, throng it most with Women, and generally such as she there, Mary Hipkins, with whom no admonitions will prevail. They are such, whose happiness is placed in being thought able to teach others to be cunning in their wickedness, and their Pride is to be thought more slie than the rest: A parcel of Sluts, who make it their continual study to know how far they may steal, and yet save their necks from the Halter, and are as perfect in that, as if they had never been doing any thing else. But take notice of it, you that will take no warning, I pass my word for it, if e'er I catch you here again, I will take care you shall not easily escape. And the rest of those Women, that have the impudence to smoke Tobacco, and gussle in Ale-houses; pretend to buy Hoods and Scarfs, onely to have an opportunity to steal them, turning Thieves to maintain your luxury and pride: So far shall you be from any hope of mercy, if we meet with you here for the future, that you shall be sure to have the very rigour of the Law inflicted on you. And I charge him that puts the Sentence in Execution, to do it effectually, and particularly to take care of Mrs. Hipkins, scourge her soundly; and the other Woman that us'd to steal Gold Rings in a Countrey Dress; and since they may have a mind to it this cold weather, let them be well heated. Your Sentence is this, That you be carried from hence to the place from whence you came, and from thence be dragg'd ti'd to a Carts-tail through the streets, your Bodies being stript from the Girdle upwards, and be Whipt till your Bodies bleed. John Leak, who was found guilty of stealing Cloth off the Tenters, and received Sentence of death for it, according to the Act in that case, which also gives the Court power to Transport the Party, if they see fit, was by the Court Reprieved in order to Transportation, being an able Sea-man, and one that had done the King good service at Sea. The Prisoners Fined for Trespass and Misdemeanor, were Matthew Momford, Thomas Johnson, and John Johnson. To Matthew Momford, who was the Soldier that had spoken such bad words, Mr. Recorder gave this Admonition: YOu the Prisoner at the Bar, see now the great Inconvenience that comes upon the debauchery of some People; you that seem to have no Religion in the World but when you are drunk. But you must not think, drunk or sober, to revile the Protestant Religion, and go unpunished for it. Let the times be thought never so dangerous, yet I hope it will be always seen, that the Magistrates of this City and Kingdom dare tell all Mankind, They do and will own the Protestant Religion, and dare curb the proudest He, who shall presume to transgress our Laws, or offer to reproach our Religion. And all the Priests and Jesuits they have shall never blow up any man to that heighth of Impudence, as to dare do any thing in contempt of the Government, or affront to our Religion, but we will be sure to take down his pride, and make him know that he shall be subject to Justice. And so shall you find, who when you were drunk, could brag you were a Papist, and hoped to see Protestants burnt. You are an excellent man no doubt at a Faggot. Your contempt is very great, and the Court is very sensible of it; and that all the World may take notice how sensible they are, and of their resolution, that such Offendors shall not go unpunished; and that you may see, it shall not be a sufficient excuse to say, You were drunk when you did it, and pretend to repent of it now you are sober, and to turn Protestant again, We do think fit to lay a Fine of 100l. upon you, and commit you in Execution till such time as you pay it; and upon your Enlargement, you are to find Sureties for the Good Behaviour for seven years. To Thomas and John Johnson, who stole the Lead off the top of Stepney-Church, he spoke thus: YOu are Brethren in iniquity, Simeon and Levi. I find you are not Church-men the right way. But you are mightily beholding to the Constable, so much, that I think you ought to own it to him as long as you live; for if he had given you but half an hours time longer, you had been in a fair way to have been hanged. Your zeal for Religion is so great, as to carry you to the top of the Church. It is but a Trespass, it is true, but I assure you one of the rankest that ever I heard of, it is Cozen-German to Felony. If that be your way of going to Church, it is fit you should be taken notice of. Are you not ashamed to have offered at the commission of such an offence, in a Place whereto, if you were men that had any regard to a future state, you would pay a great reverence, because good men meet there to pray against such offences, not to commit them, as you did. The offence being so great, and the Trespass so rank, the Punishment must bear some proportion to it, which is this, The Court doth set a Fine upon you of 20l. apiece, and commit you till you pay it to the Common Gaol of Newgate; and you are to find Sureties for the Good Behaviour before you be discharged. The Calling over the Gaol was left till the end of the Sessions. Then the Court was adjourned till Tuesday morning next, being Decemb. 17. at seven of the clock.

Law

At the General Sessions of the Peace, Sessions of Oyer and Terminer, and GaolDelivery of Nevvgate, holden for the City of London and County of Middlesex, Decemb. 11th. Anno Regni Caroli Secundi Regis 30. Annoque Dom. 1678.

An exact account of the trials of the several persons arraigned at the sessions-house in the Old-Bailey for London and Middlesex [...]

LawB1688

HAving been call'd to a place of Judicature in difficult times, and after my most sincere Resolutions and uttermost Endeavours of discharging the Duty of that place with a good Conscience, having yet had the hard Fortune to fall under the greatest Infamy and Reproach that is possible for any man to lie under, of Perjury and Breach of Trust, in giving a Judgment in Sir Edward Hales his Case contrary to Law, and contrary to my Knowledg and Opinion (for that only can make it Criminal;) and which, they say, tends to the Subversion of all our Laws; contrary to the Oath that every Judge takes, and to that high Trust repos'd in him to judge, to the best of his understanding, according to Law: Although I cannot hope to wipe off that universal ill Impression that the Malice of some People who understand the nature of this Case very well, has made upon most men who do not understand it; yet in order to clear my self to all just and dis-interested Persons who are only my Enemies by mistake, I think my self obliged to give some short Account of that Judgment, and the Grounds upon which it was given; and this I will do, not by making an elaborate and legal Argument, to make out by Reasons of my own, that the Judgment then given is consonant to Law, which whether it be or no, is like to be considered in Parliament, and to whose determination I shall as intirely and as chearfully submit as any other Person in the Nation: But I shall set down, not all the variety of Cases that we meet with in our Books touching the Kings Power of Dispensing with Acts of Parliament, for that would swell this Paper to an unreasonable length, and discourage many from reading any part of it; but only some few of the chiefest and plainest Authorities in Law, upon which the Resolution in the Case of Sir Edw. Hales was grounded. I shall not only cite the Books and Pages where those Cases are to be found, but transcribe the very Words, that every body may be convinced, that if we were in a Mistake, it was no Wilful Mistake, but that we had the Authority of former Judgments given by great Men that went before us (and for which they were never question'd) to lead us into it. The Case (for I must state it upon my Memory, not having any Copy of the Record by me) was shortly this. An Action Popular was brought against Sir Edw. Hales, upon the Statute 25. Car. 2.c.2. for the Penalty of 500l. wherein the Plaintiff declares, That whereas it was provided by the Statute, &c. setting forth the Statute: Notwithstanding which, the Defendant having a Commission to serve the King as a Colonel of Foot, and not having received the Sacrament, nor taken the Oaths and Tests, &c. within the times prescribed by the Act, and after the times expired wherein he ought to have received the Sacrament and taken the Oaths and Tests as aforesaid; he did execute the said Office, and continued to act by colour of the said Commission, of which he was Indicted and Convicted at the Assizes in Kent, &c. whereby the Action accrues to the Plaintiff for the Penalty of 500l. The Defendant pleads that before the times expired, &c. he had a Dispensation under the Broad Seal to act Non obstante that Statute. To which the Plaintiff demurres. And Judgment was given for the Defendant that his Plea was good. And first it will be necessary to shew what the Nature of this Dispensing Power is, which is warranted by our Judgment; and that will best appear by the Definition of it which is given in the 11. Report of my Lord Coke, p. 88 in the Case of Monopolies. Dispensatio mali prohibiti est de jure Domino Regi concessa propter inpossibilitatem prævidendi de omnibus particularibus; & dispensatio est mali prohibiti provida relaxatio, utilitate ceu necessitate pensatâ. "For true it is (says the Book) that inasmuch as an Act of Parliament, which generally prohibits any thing upon a Penalty that is Popular, or only given to the King, may be inconvenient to divers particular Persons, in respect of person, time, or place; for this purpose the Law gives a power to the King to Dispense with particular Persons." And in the Seventh Report, pag. 63. in the Case of Penal Statutes, which was the opinion of all the Judges of England, 2. Jacobi, It is resolved, That the King may Dispense with any particular Person, that he shall not incur the Penalty of the Statute, tho it be an Act made Pro bono publico, and that this is a Trust and Confidence inseparably annex'd to the Royal Person of the King. I cite these two first Cases chiefly to shew that a Dispensation in its nature is particular, and given to particular Persons by Name; which is all the Power that is attributed to the King by our Judgment. And this I mention because of an unreasonable mistake of most People that talk of the Dispensing Power, as tho the Kings Declaration of Liberty of Conscience, whereby all the Laws that concern Religion are at once totally suspended and laid asleep, were warranted by it: Let that Declaration stand or fall upon its own bottom, I am sure the Case I am now speaking of has nothing to do with it. And having by these Cases cleared the nature of all Dispensations, which are always granted to particular Persons (as Sir Edw. Hales his was in our Case, who was the first, and I think the only Person who then had such a Dispensation,) I shall now cite some of the chief Authorities upon which our Judgment was given in that Case; and the first and great Case that I cite, wherein the Kings Dispensing Power is described and limited, is in the Year-Book of Hen. 7. fol. 11. & H. 7.f.12. in these words, "There is a diversity (says the Book) between malum prohibitum and malum in se , as a Statute forbids any man to Coin Mony, and if he does, he shall be hanged; this is malum prohibitum , for before the Statute, Coining Mony was Lawful; but now it is not so, and therefore the King can Dispense with it. So if a Man Ship Wooll in any place but Calice, it is malum prohibitum , because it is prohibited by Act of Parliament, and the King can Dispense with it, and so in like cases: but that which is malum in se , the King nor no other person can dispense with, as if the King would give a Man power to kill another, or License one to make a Nusance in a High-way, this were void; and yet the King can pardon these things when they are done. These are the very words of that Book: and my Lord Vaughan discoursing of, and explaining this Case of Thomas and Sorrell in his Reports, p. 333. First, shews how a Dispensation differs from a Pardon. For a Dispensation does jus dare , and makes the thing prohibited (to all others) lawful to be done by him that has it: And therefore the King cannot dispense with mala in se because they never were, and can never be made lawful; but even these, says the Yearbook, may be pardoned after they are done. From these Cases, results this plain Syllogism. Whatever is not prohibited by the Law of God, but was lawful before any Act of Parliament made to forbid it, the King, by his Dispensation granted to a particular person, may make lawful again; to that person who has such Dispensation, though it continues unlawful to every body else. But to execute any Office without taking the Oaths and the Tests antecedent to any Acts of Parliament made to forbid it, was lawful. Therefore the Dispensation granted to Sir Edward Hales did make it lawful for him to do so, though it continued unlawful for any body else. In this Argument the premises are none of our own, we have them out of our Law-books; and the Authority of those books have never yet been questioned. I appeal then to any indifferent person, whether it can be Criminal in Judges, to draw a necessary Conclusion from Premises and Book-Cases that have been taken for Law for so many Ages together. The next great Case is the Resolution of all the Judges of England, in the 2. of Henr. 7. in the Exchequer Chamber, upon the Kings Power of Dispensing with the Statute of 23 Henr. 6. cap. 8. That no Man should be Sheriff for above one Year. The recital in the preamble, and the whole purview, if compared with our Statute of 25 Car. 2. cap. 2. equals it in every particular, and in some goes beyond it: for the mischiefs recited in this latter Statute are only in these words, for preventing dangers which may happen from Popish Recusants, and quieting the minds of his Majesties good Subjects. The Cause of making the Statute of 23 Hen. 6. is for preventing the Importable damage of the King and his People, Perjury, Manslaughter and great Oppression. The Purview Enacts, 1. That no Man shall be Sheriff for above a Year. 2. That all Letters Patents made for Years or Lives, shall be void. 3. That no Non obstante shall make them good, (which shews that the Parliament thought the King could otherwise have dispens'd with this Act by a Non obstante.) 4. Whoever acts by colour of such Letters Patents, shall forfeit 200l. 5. He shall be utterly disabled to bear the Office of Sheriff in any County of England. 6. That every Pardon for such offence shall be void. Notwithstanding all this, it was adjudged in that Case before-cited by all the Judges of England (who were at that time as learned as ever sate upon the Bench,) I say it was adjudged by all the Judges in the Exchequer-Chamber, that the Kings Dispensation with that Statute was good. Having then this Case before us, if we should have judged the Dispensation not good in Sir Edwards Hales's Case, it must have been upon one of these two grounds: that is, either, 1. In the first place, we must have found some difference between the Kings power in that Case, and in this, which I confess, after the nicest inquiry, does not appear to me, and I wish any man would shew me any such difference if he can: or else, 2. We must have adjudged that Solemn Resolution given in the Exchequer-Chamber by all the Judges of England so long ago, and which has been taken for good Law for ever since, we must adjudge no Law: whereas the known Rule is, that after any point of Law has been solemnly setled in the Exchequer Chamber by all the Judges, we never suffer it to be disputed or drawn in question again. But our Enemies seeing the force of this Argument have had the Confidence to say, that that point is not resolved in that Case, they might with as much modesty affirm, Thou shalt not bear false witness against thy Neighbour, to be none of the Ten Commandments; we can only reply in this case as in that, that if we have eyes to read, and common sense to judge, it is there resolved. Indeed there is another point about the Sheriffs passing his Accounts, which the Judges were divided in: but in the point of the Dispensation they all agreed, or else that other point could never have come in question. But to put this beyond all Controversie, we have two things to offer. 1. First, That it has been cited as adjudg'd in several books of great Authority. 2. Secondly, It has been the constant practice to have such Dispensations in all Kings Reigns ever since that Resolution. As to the first, Though I might cite many books, yet I will only cite three or four of the clearest and greatest Authorities: and the first shall be Fitzherbert, in his Abridgement of this very Case, Tit. Grant. 33. who lived near this time, and could not easily be mistaken in the sense of the Year-book; The Patent, says he, was adjugded good by all the Justices; but the Statute says expresly it shall be void, therefore it is only made good by the Kings Dispensing. 2. Next to him shall be Plowden, who, as all Lawyers will confess is as little like to be mistaken in the sense of the Year-books as any Reporter we have; and he in his Commentaries, p. 502. in the Case between Greendon and the Bishop of Lincoln; after citing the Case both out of the Year-book, and out of Fitzherbert's Abridgment, has these words where the Statute was, That the Kings Grant to any Man to be Sheriff of any County for longer time than a Year shall be void, notwithstanding any Clause of Non obstante to be put into the Patent, , there it is held, that the Kings Grant to the Earl of Northumberland, to be Sheriff during life must have a Clause of Non obstante, because of the precise words of the Statute before mentioned; and with such a Clause of Non obstante, the Patent to the Earl was good. 3. Next is my Lord Coke, who asserts the Kings Prerogative touching this matter in much higher terms than we would presume to do, in giving judgment in Sir Edward Hales his Case, for in his Twelfth Report, pag. 18. he has these words. No Act can bind the King from any Prerogative which is sole and inseparable to his person, but that he may dispense with it by a Non obstante, as a Sovereign Power to command any of his Subjects to serve him for the publick weal; and this solely and inseparably is annext to his Person: and this Royal power cannot be restrained by any Act of Parliament, neither in Thesi nor in Hypothesi, but that the King by his Royal Prerogative may dispense with it: For upon the Commandment of the King, and Obedience of the Subject does his Government consist: as it is provided by the Statute of 23 Hen. 6. cap. 8. That all Patents made or to be made of any Office of a Sheriff, &c. for term of Years for life in Fee-simple or intail, are void and of none effect, any Clause or Paroll de non obstante, put or to be put into such Patents to be made notwithstanding: And further whosoever shall take upon him or them, to accept or occupy such Office of Sheriff, by Vertue of such Grants or Patents shall stand perpetually disabled to be, or bear the Office of Sheriff within any County of England; by the same Authority, and notwithstanding that by this Act, First, The Patent is first made void. Secondly, The King is restrained to grant Non obstante. Thirdly, the Grantee disabled to take the Office, yet the King by his Royal Sovereign Power of Commanding, may Command any man by his Patent (for such causes as, he in his wisdom doth think meet and profitable for himself and the Common-Wealth, of which he himself is solely Judge) to serve him and the weal publick as Sheriff of such a County for years, or for life, &c. And so it was resolved by all the Justices of Englandin the Exchequer Chamber, 2 H. 7. And after some other cases to this point of the Kings Prerogative, he has this farther (says he) see 4 Hen. 4. cap. 31. In which it is Ordained that no Welshman be Justice, Chamberlain, Treasurer, Sheriff, Steward, Constable of a Castle, Escheator, Coroner or chief Forester, nor other Officer whatsoever, nor Keeper of Records, &c. in any part of Wales, notwithstanding any Patent made to the contrary, with Clause of Non obstante licet sit Wallicus natus: and yet without question the King may grant with a Non obstante. Thus far that Book, and I have transcribed the Book at large, that every body may see that the Kings Power of Dispensing with such Acts of Parliament as restrain his granting Offices, stands upon a peculiar reason besides the general one; upon which his power of Dispensing with other Penal Laws is founded. And that if this be a pernicious Opinion, we are not to suffer as the first Authors of it. But lest it should be Objected, that this is my Lord Cokes single Opinion; or that the twelfth Report is not of so great Authority as the rest of his Reports are: The same is Resolved by all the Judges of England, (if my Lord Coke be a faithful Reporter) in Calvin's Case in the seventh Report, p. 14. in these words: Every Subject is by his Natural Allegiance bound to serve and obey his Sovereign, &c. It is Enacted by the Parliament of 23 H. 6. That no Man should serve the King as Sheriff of any County above one Year, and that notwithstanding any Clause of Non obstante to the contrary; that is to say, Notwithstanding that the King should expresly Dispense with the said Act; howbeit it is agreed 2 H. 7. that against the Express Purview of that Act, the King may by a special Non obstante Dispense with that Act, For that the Act could not bar the King of the service of his Subjects, which the Law of Nature did give unto him. This is Reported (unless my Lord Coke had a mind to deceive the succeeding Judges, and draw them in, to give pernicious Opinions) as the sense of all th Judges of England in King James his time, in the Exchequer Chamber. And now I would ask, these Cases thus solemnly resolved, are they Law? Or are they not? If it shall be said that they are not Law? What Foundation have the Judges to stand upon? Or what certain Measures can they take in giving Judgment, either between the King and his Subjects, or between Party and Party: If so many solemn Resolutions by all the Judges of England in the Exchequer Chamber, are not to be relied upon? If they are Law; then I appeal to all mankind whether our Case does not come up in every tittle to the reason of those Resolutions: Whether the Act. of 25. Car. 2. do not bar the King of the service of some of his Subjects; and whether therefore for great Reasons, and in particular Cases he may not dispense with it. But besides the Authority of this Case, we have the constant practice, that this Statute of Sheriffs has been constantly dispensed with ever since it was made; and if those Dispensations weer not good, then all persons Convicted upon Indictments found by Grand Juries, returned by such Sheriffs, are illegally Attained; then all Pannels of Juries returned, and other Process executed in Civil Causes, by such Sheriffs, was altogether erroneous, and it is strange that no body in so long a time should hit that blot. Obj. The only Objection, that I hear, is made to this, by eminent men of our Profession, (who freely acknowledge the Authority of these Cases, and the Resolution in them, that no Act of Parliament can debar the King of the service of his Subjects, which the Law of Nature gives him, to be good Law;) is this, that say they, It is not the Act of Parliament that debars the King of the service of his Subjects in this Case, but it is the default of those Subjects, who will not qualifie themselves for his service, by doing those things that the Statute requires. But for a full and plain Answer to this, I say, 1. First, We are not now considering these Grants of Offices, as they are beneficial to the Subjects, on whom they are conferred, but as the King has an interest in the service of those Subjects; and it is a known Rule in Law, that among common persons, no man shall suffer by the default of another; much less shall the King be prejudic'd by the default of any of his people. 2. But Secondly, Pray where is the difference between an Act of Parliaments barring the King directly of the service of his Subject, and doing of it by necessary and inevitable Consequence? As, if an Act of Parliament were made that no Man that is Lame or Deaf should serve the King in any Office, though they were otherwise well qualified for it; the King were as effectually debarred of the service of such Subjects, as though they had been expressed by Name. I know it will be said, that these are Natural defects which the Subjects cannot help, but the others are Wilful Impediments, that may be removed, if they please. But to prove that this is not so: I ask, Whether when the Act requires Declarations and Subscriptions to be made, it should be done contrary to a Mans Opinion, or according to it? Certainly no Man will say, contrary to a Mans Opinion, for that would be high Dissimulation, and more elude the ends of the Act, than not doing it at all. If then it must be done according to a Mans opinion, it is no more in any Mans power to change his Opinion, than to cure himself of Deafness or Lameness. Every Man believes, not because he will, but because he must believe. Error is a Disease of the Mind, as much as those beforementioned are of the Body. It is true, a Man may seek for Instruction, and use all means to be better informed; and so may a Man, in the other Case, try all proper Remedies to Cure his Distempers; but proper Remedies do not always effect the Cure, and often when they do, there is much time taken up in the Operation: and the King, who is in no default at all, loses the service of his Subject in the mean time: And if this Prerogative be, as my Lord Coke says, Proprium quarto modo , and that it belongs to our Kings, as he says Omni, soli & semper : The King can be no more debarred of the service of his Subject for a month, or a year, than he can be debarred of it for ever; especially since in that month, or year, may happen such occasions, which afterwards during the joint Lives, of the King that is to command, and of the Subject to be commanded, may probably never happen again. Many other Cases of Acts of Parliament might be cited, as 8. R. 2.2. That no Man should go Judge of Assize into his own Country. And 10. E. 3. 3. That whoever has a Pardon of Felony, shall find Sureties of the Good Behaviour, or his Pardon shall be void; which Statutes have been constantly Dispensed with ever since they were made: but I resolve not to heap up all the Cases of Dispensations, but to confine my self to those that were, as they are before cited, the principal ground of our giving Judgment in Sir E. Hales his Case. Only after I have answered some Objections, I have two Authorities more to offer, which I take to be of greatest weight in this Case, and that is two Concessions of the Commons of England in Parliament, acknowledging this power of Dispensing to be in the King. But first, To answer an Objection or two that I hear is made: 1. Obj. This Act was made pro bono publico, and in the Case before-cited, of 11. H. 7. The King cannot Dispense with a common Nusance; and this Case Dispensed with, would be as bad as Dispensing with a common Nusance. Answ. Tho this will receive an easie Answer, yet I shall avoid giving it in words or reasons of my own (as I do all along, because I know they would be suspected and misconstrued) but in the words of my Lord Vaughan; whom I cite the oftener, because every body remembers him, and it is very well known, he was never guilty of straining the King's Prerogative too high. In Thomas and Sorrel's Case: The chief Reason why the King can't dispense with a publick Nusance, is said by him to be, because every particular person that has received damage by it, may have his Action, which the King cannot bar. Nor see I any reason, says he, page 335. Why the King may not Dispense with those Nusances by which no Man has right to a particular Action, as well as he may with any other offence against a Penal Law, by which no third person has cause of Action: from whence it follows, that if an Act of Parliament call an Offence a Nusance, from whence no particular damage can arise to a particular person to have his Action, the King may Dispense with such a nominal Nusance. Now to apply this to our Case, for exercising an Office without taking the Test, no particular person can have an Action, because no particular person can have any Damage by it, (for an Action, as an Informer, is not meant, that being the Case of all popular Statutes) and therefore the King may Dispense with it, before the Action brought: and in page 341. he explains this very well. No Offence, says he, against a Penal Law could be Dispensed with, if the reason of not Dispensing, were because the Offence, is contra bonum Publicum, for all Offences against Penal Laws are such, p.342. though such Laws are pro bono publico, they are not Laws pro bono singulorum Populi (which are the Laws which the King cannot Dispense with, as will appear at large in the Concession of the Commons, 3 Caroli, which I will cite by and by) but pro bono Populi complicati, as the King in his Discretion shall think fit to order them for the good of the whole. In this Notion the Estate of every Pater-familias may be said to be pro bono communi of his Family, which yet is but at his discretion, and management of it; and they have no Interest in it, but have Benefit by it. Obj. 2. But it is again Objected, that in Statutes that are pro bono Publico, in a less degree, the King may Dispense. But this Statute was so highly necessary for the Publick, that it could not be Dispensed with. Answ. To which my Lord Vaughan Answers in the Case before-cited. p. 344. Obj. 3. But if the King have a Power to dispense with one, he may dispense with twenty, with an hundred, and so the Statute may become of little force. Answ. From the Abuse of a thing to draw an Argument against the thing it self, is no Consequence at all; it is, as is resolved in the Cases above cited, a high Trust reposed in the King, and if the King violate his Trust, there is never a one of his Prerogatives but may be abused, to the ruin of his People. To instance in one or two. 1. Every body will grant, that the King can pardon Murther and Robbery, yet if he should pardon every Murther and every Robbery that is committed, it were better to live with the Cannibals in America, than in our Native Country; and the Human Laws that are made to punish those Crimes, would be rendered of as small force and effect, as it is objected the Law in our Case would be by frequent Dispensations. 2. There is no doubt, but the King may create any Man a Peer of England, and thereby give him a Vote in Parliament; yet if the King should abuse this Power so far as to create ten thousand Peers, or confer this Honor upon every body that asks it, no doubt it were a total Destruction of the Legislative Power of the Nation. And yet in either of these Cases, (or in any other branch of the Kings Prerogative) if the Judges should judge the King had such a Prerogative, it were an unreasonable Objection, to say, These Prerogatives may be abused; Ergo the Judges have given a pernicious Judgment. When we were to give Judgment in Sir Edward Hales his Case, we could neither know, nor hinder if we did, any ill use the King might make of this Power, we were only to say upon our Oaths, whether the King had such a Power or no, and for that we had the great Authorities above-cited, and two much greater than those; I mean two several clear Concessions of all the Commons of England in Parliament assembled, of this Dispensing Power to be in the King; and that not in a submiss complying temper, but when they were in a high Debate with the Crown (especially in the latter Case) about the Violation of other Laws. And the first of these is Rot. Parl. 1. Hen. 5. n. 15. and it is printed in Rolls Second Abridgment, Tit. Prerogative 180. the Record is in these words, The Commons pray that the Statutes for Voiding of Aliens out of the Kingdom, may be kept and executed: To which the King agrees, saving his Prerogative, that he may Dispense with whom he pleases; and upon this the Commons answered, that their intent was no other, nor never shall be by the Grace of God. There were as great apprehensions of Dangers and Inconveniencies from Aliens then, as there is from Roman Catholicks now. And afterwards, in the same Parliament, [Rot. Parl. 1 Hen. 5. n. 22] when the Commons pray that the Statutes of Provisors, Statutes of the same Nature with this in our Case; (for they were made against the Court of Rome's encroaching Jurisdiction in England;) I say when they make the like Prayer, that these may be put in execution, being admonished by the Kings Answer in the former Case, they themselves insert in their very Prayer, a Saving for this Prerogative of the Kings, and then the King agrees to it. But the plainest Concession of the Commons of England assembled in Parliament, was that 3 Caroli, upon a Debate between the Two Houses, upon the Petition of Right; it is in Rushworth's Collections, First Part, as it was deliver'd by Mr. Glanvill, in a full Committee of both Houses of Parliament, 23. May 1628. in the Painted Chamber: and that what he says as to this matter, may not pass for the single opinion of Mr. Glanvill, (tho he was a Learned Man) he in the presence of the Commons, addresses himself to the Lords in these words, p. 571. Having thus reduced to your Lordships Memory the effects of your own Reasons; I will now with your Lordships favour, come to the points of our Reply, wherein I most humbly beseech your Lordships, to weigh the Reasons which I shall present, not as the sense of my self, the weakest Member of our House, but as the genuine and true sense of the whole House of Commons, conceived in a business debated there with the greatest Gravity and Solemnity, with the greatest concurrence of Opinions, and Unanimity that ever was in any business maturely agitated in that House. And then coming to speak of the Point in question, he delivers the sense of the Commons in these Words: There is a Trust inseparably reposed in the persons of the Kings of England, but that Trust is regulated by Law; for example, when Statutes are made to prohibit things not mala in se, but only mala quia prohibita, under certain forfeitures and penalties accrue to the King, and to the Informers that shall sue for the breach of them: the Commons must, and ever will acknowledge a Regal and Soveraign Prerogative in the King, touching such Statutes, that it is in his Majesties absolute and undoubted Power, to grant Dispensations to particular persons, with the Clauses of non obstante, to do as they might have done before those Statutes, wherein his Majesty conferring Grace and Favour upon some, doth not do wrong to others; but there is a difference between those Statutes and the Laws and Statutes whereon the Petition is grounded: By those Statutes the Subject has no Interest in the Penalties, which are all the Fruit such Statutes can produce (that is, to such Informer) until by Suit or Information commenc'd, he become intitled to the particular Forfeitures; whereas the Laws and Statutes mentioned in our Petition, are of another Nature; there shall your Lordships find us to rely upon the good old Statute called Magna Charta, which declareth and confirmeth the ancient Common Laws of the Liberties of England. There shall your Lordships also find us to insist upon divers other most material Statutes, made in the time of King Edward III. and King Edward IV. and other famous Kings, for explanation and ratification of the Lawful Rights and Privileges belonging to the Subjects of this Realm: Laws not inflicting Penalties upon Offenders in malis prohibitis, but Laws declarative or positive, conferring or confirming ipso facto, an inherent Right and Interest of Liberty and Freedom in the Subjects of this Realm, as their Birthrights and Inheritances descendible to their Heirs and Posterity: Statutes incorporate into the Body of Common Law, over which (with reverence be it spoken) there is no trust in the Kings Sovereign Power or Prerogative Royal to enable him to Dispense with them, or to take from his Subjects that Birthright or Inheritance which they have in their Liberties, by virtue of the Common Law and of these Statutes. I have the rather cited this at large, because it is a clear acknowledgment of the Kings Dispensing Power in as large a manner as we have adjudged it, and does at the same time vindicate it from one of the most clamorous, the most malicious, but withal, the weakest Objections that ever was made against it. By this Judgment say they, you have cancell'd all our Laws, and given up our Lives, Liberties and Estates, to be disposed of at the Kings pleasure. It is plain, that this is no Consequence at all; for the Commons here in Parliament, at the same time that they expresly grant that the King has undoubted Power of Dispensing with Laws prohibiting things that are not mala in se, but only mala quia prohibita , Laws that are made, as my Lord Vaughan expresses it, pro bono populi complicati ; yet they utterly deny, as they had good reason to do, that the King can Dispense with one tittle of Magna Charta, or any of those other Laws whereby the Lives, the Liberties, the Interests of any of the Subjects are conferr'd upon, or confirm'd to them; for these are Laws pro bono singulorum Populi , which the King never can Dispense with. And as to this matter, I do not know whether it will be proper, but any man so sensibly touch'd in his Reputation, may be provok'd to commit some Indecencies. I must appeal to all men that have observed my Actions and Behaviour since I have had the Honor to sit upon the Bench, whether I use to be guilty, in Laws of this kind, to strain the Constitution of them for the Kings Interest. First, in such Laws wherein the Lives of men have been concerned, I confess, I have been scrupulous even to a Fault; for in some Cases upon Statutes that had been adjudged Felony by wiser and better Judges than my self, and it was highly for the Kings service they should be so, yet I could never give Judgment of Death, because I could not satisfie my own Conscience that those Statutes were now in force. And in other Cases wherein the Rights of the Subjects have brought in question, how strictly I have kept to that substantial difference taken by the House of Commons, that though the King in Laws of Government, in Penal Laws of a publick nature, has a power to Dispense in particular Cases; yet he cannot Dispense with Laws which vest any the least right or property in any of his Subjects; will appear by the Opinion I gave in the Case of Magdalen Colledge, (for the truth of which, I appeal to all that know any thing of the Transactions in that Case) wherein, when the Kings Right against the Colledge, was endeavour'd to be asserted by a Dispensation granted by himself, I utterly denied that Dispensation to be of any force at all, because there was a particular Right and Interest vested in the Members of that Colledge, as there is in the Members of many other Corporations, of Choosing their own Head. So far have I been from giving up all Mens Lives, Liberties and Properties to the Kings pleasure. I had forgot to take notice of two or three Objections more that are usually made. Obj. First, here is a Disability, and the King cannot dispense with a Disability. As the Statute against buying Offices, the King, say they, cannot Dispense with, for that reason. Answ. There is the same Disability in the case of Sheriffs, and yet resolved that the King can Dispense in that Case, and the reason in the Statute of buying Offices, or sitting in Parliament without taking the Oaths, is because there is a Disability actually incurr'd, and when any person is actually disabled, he cannot have his disability taken off but by Act of Parliament. But in the Statute dispens'd with, in the Case of Sir. E. Hales, there is no Disability actually laid upon any man; but certain things are required to be done, and as a penalty for disobeying the Act, and omitting the doing those things required by it, the Disability with the other Forfeitures are to be incurr'd after Conviction. Now the nature of Dispensations being, as was shewed before, to make the thing Lawful to him that has it, which is unlawful to every body else; it does plainly prevent the committing any offence by that person, and consequently the incurring any Penalty or Disability at all. But in the case of buying Offices the person is disabled before the Dispensation comes, for he is disabled ipso facto by contracting or dealing for the Office. So the true difference between the Case of Sheriffs, and the Case of buying Offices is this, That the King in the one Case can prevent the incurring a Disability, but cannot purge it in the other after it is incurr'd. To illustrate this by a Case of the like nature, The King may prevent an Attainder, but he cannot purge an Attainder. If a Man has committed Treason or Felony, the King by granting his Pardon may infallibly prevent the Offenders ever being Attainted, but after he is once actually Attainted, the King can by no means take off that Attainder, or purge the Corruption of Blood, but by Act of Parliament; provided the Judgement by which he is Attainted be not Erroneous. Obj. But it is Objected, that these Laws were made for the Interest of Religion, and all Offences against Religion are mala in se, and therefore not to be Dispensed with. Answ. I Answer that true it is, all Offences that are directly against Religion, and as it is Constituted such by the Divine Law, are mala in se, and not to be Dispensed with; and in this Case the Parliament is bound as well as the King; for an Act of Parliament made against Religion in that sence is utterly void, as is instanced in Doctor and Student, of an Act, That should forbid the giving of Alms upon any occasion, &c. But Humane and Politick Constitutions, though made for the Interest of Religion, as they had a beginning, so they are alterable by the same power that made them; and therefore the breaches of them are in their nature mala prohibita , as was Resolved in the great Case of Dispensations, in 11 H. 7. abovecited, and instances given; as the King may dispense with a Priests holding of two Benefices: though the Laws against Pluralities were made for the Interest of Religion, and the better Edification of the people. So the King may dispense with a Bastards entring into Priests Orders, &c. These instances are taken for Law in that Year-Book. But to all this I know it is said, that these high Trusts and Prerogatives might be always safe, and sometimes useful, in a Protestant Princes hands, who would faithfully discharge the duty of one that ought to be Custos utriusque tabulæ; but when these Prerogatives are asserted to a Prince who is of a contrary Religion to that Establish'd by Law, there would be always danger of their being abused to the prejudice or destruction of the Establish'd Religion. To which I answer, that it cannot be forgotten that the Promoters of the Bill of Exclusion used the same Argument: If you leave him King, say they, he will have all the Prerogatives of a King, and those Prerogatives may be made instrumental to the ruin of your Religion; which could not be denied by the Gentlemen on the other side, who oppos'd that Bill. Their only Reply was, Fiat Justitia ruat Cœlum, it is his right, and we must not do evil that good may come; we must not do wrong, no not to promote the Interests of Religion its self. The same Argument that weigh'd with them to assert the right of Succession to the Crown of England, and consequently to all the Prerogatives together, was the Rule we had to guide us in giving Judgment in this Case concerning a particular branch of them. We must not break our Oath, nor give Judgment contrary to what seem'd to us to be Law, let the Consequence be what it will. But it has been farther Objected to me, by some of my Friends, that, though I could not in Conscience have given Judgment against the King, being of the Opinion that I was, yet I should rather have parted with my Place, than to have given a Judgment even according to Law, which might be so prejudicial to that Excellent Religion that I profess; and of which when I cease to be, let me cease to be at all. I Answer that neither in Prudence nor in Conscience I could have taken that course. First, Not in Prudence; for I confess, that saying Omnia dat qui Justa negat; had great weight with me in the Case, and that I was of opinion since an incroachment of Jurisdiction was fear'd, there could not be a greater, nor more dangerous provocation to it, than for Protestant Judges to refuse to give Judgment for a Prince of a different perswasion, in that which we could not deny to be his Right. And next in Conscience, I could not decline giving Judgment in this Case; for by our Oaths we are as much obliged to give Judgment one way or other, as we are to give what we think a righteous Judgment in all Cases that come before us. It hath been Objected that all this was a Contrivance, an Informer set up, and all but a feign'd Action. As to this matter, I can truly say that I don't remember that I ever heard of this Action, till after it was actually brought: but in this there seems to be no hurt or inconvenience at all. The Law is as well tryed, and settled in a Feigned Action, as in a True. There are Feigned Actions directed every day out of Chancery, to this very purpose, that great and difficult Points of Law may be settled by them; and why the King might not direct such an Action to be brought, to satisfie himself whether he had such a Power, and if he had, that the people might be satisfied, and acquiesce in it; I confess I see no difference at all. If there were indirect means used for procuring Opinions, or the like, I have nothing to say to it. I stand upon my Innocence, and challenge all the World to lay any thing of that kind to my charge. My part was only to give my own Opinion, in which, if either by misunderstanding the Books that I have cited, or by drawing weak Conclusions from them, I have erred in the Judgement that I gave; how can I for this be charged as a Criminal? The Law neither supposes, nor requires an Infallibility in any of his Majesties Courts of Justice; it were very uneasie Sitting in them, if it did. We can but judge according to the Books that lie before us, and according to the measure of our understanding of those Books: we have not always so much light to guide us, as we thought we had in this Case. We often meet with Cases new and rare, and very ill settled by former Judgments, where we are forced to dig Truth as it were out of the Mine; to compare and distinguish, to skreen and sift, and gather the sence of the Law out of the confusion of disagreeing, and very often contradictory Opinions, as well as we can; and if after all our Labour and our Pains, we happen to be mistaken, it was never yet imputed as a Crime. The Judgment is Reversed in a Writ of Error, not only without any Accusation, but without the least Reflection upon him that gave it. Nor can a mistake in Judgment be more Criminal in a matter of a greater Concernment, than it is in matters of the least Consequence. It would be very mischievous, and very dangerous if it should: for if in questions of Prerogative, any mistake shall be made Capital on the one hand, when Judgment is given for the King; why succeeding Princes may not be as angry at any mistakes on the other hand, I cannot imagine. And when once affairs are come to that pass, there will be great encouragement for any Man, that can make the least shift to live without it, to undertake those very necessary, but very difficult, and very troublesom Imploiments; great freedom for Men to give Judgment according to their Opinion, and their Conscience, and great reliance upon the resolutions of those, who know they shall be sure to pay with their Lives and Fortunes, for any mistake of theirs, either to the King or the People, as either of them shall happen to get the upper Hand. For my own part I thank God I can say these two things: First, That for these ten years together, wherein (with very little intermission) I have Sate a Judge in several Courts, though I may be justly accused of my weaknesses and mistakes, yet I have never given Judgment in any one Case against the clear Dictates of my Reason and my Conscience. And the second thing is, That I never gave Judgment in any controverted Point, wherein I had so many, and so great Authorities to warrant it; as I have to warrant that Judgment which was given in Sir Edw. Hales his Case. And this I say, not to set up that Opinion again in a Pamphlet, which was so ill relished in a Court of Justice, nor to oppose my Sence to the Judgment of the Nation; for I think it is very fit that this dark Learning, as my Lord Vaughan calls it, of Dispensations, should receive some Light from a determination in Parliament, that Judges for the time to come, may Judge by more certain Rules, which Acts of Parliament the King may, and which he may not Dispense with; but I have cited those Authorities at this time in my own Defence, and for these particular purposes: in the first place, to shew, 1. That we are not the first Inventers of this Dispensing Power, but that it has been allowed without Controversie, to the Kings of England in all Ages, that they might Dispense with many Acts of Parliament. 2. That if our Judgment was erroneous, and that the King could not Dispense with that Act of Parliament, yet that Error was but an Error in that single Case, and had no such large and mischievous Consequences as is pretended. For that, because we Judged that the King could Dispense with that Statute, for others to conclude from thence, that therefore he had a Power to Dispense with all other Statutes, especially such as confer or vest in any of the Subjects any manner of Interest whatsoever, in their Lives, Liberties, or Estates; or that, because the King may Dispense with a Penal Law, wherein a disability is annexed to the breach of it as a Penalty, and that Penalty not to be incurred before a Legal Conviction, and where the Kings Dispensation makes the thing Dispensed with Lawful, and consequently prevents any Conviction or Penalty at all: for others to conclude from thence, that therefore the King may Dispense with such Statutes, where a precedent disability is actually laid upon any Man, as there is upon the Members of both Houses, till they have taken the Oaths and Tests prescribed, and therefore without question is not in the Kings power to Dispense: I say, these are Consequences which may flow from the heated imaginations of angry Men, but have no warrant or foundation at all, from the Judgment given by us. I have one thing more to say in my Justification, which is, that if I have been guilty of so hainous Offences as I am accused of, where is the Temptation or the Reward? If it was to keep in my Judges Place, which otherwise I might have lost; I can only answer, that if that were the Case, I then became the worst Man in the World, only to keep that, which, it is pretty well known, I was with much difficulty, by the persuasion of my Friends, prevailed with to accept: and for any other Reward, whoever is acquainted with the circumstances of my Fortune, will, I am confident, notwithstanding the false and idle reports, of I know not what great Reversions lately fallen to me, as easily acquit me of having been corrupted by the King, to give a pernicious Judgment in this Case, as of having enriched my self by taking Bribes in Cases between party and party. All that I have to add more, is, that howsoever this that I have said in my Defence, may happen to be understood at present: yet I could not deny my self the satisfaction of having put in a Plea of Innocence at least; that whatsoever shall happen to me now, may perhaps meet with a more equal Judgment in after-times, since it ought to be much less uneasie to me to lose my Life, if any body be very fond of taking it, than to let the aspersions that are every day cast upon me, to pass in silence, or suffer my self to be transmitted to Posterity, under the Character of a Betrayer of my Religion, or a Subverter of the Laws and Liberties of my Country.

Law

A short ACCOUNT OF THE Authorities in Law UPON WHICH JUDGEMENT Was Given in Sr EDW. HALES's Case.

A short account of the authorities in law, upon which judgement was given in Sir Edw. Hales his case [...]

LawB1697

SIR, I do not wonder to find you concerned to know upon what grounds the Act of Attainder was lately carried. The Debates were long, and the contradiction was great. Every thing that is unusual, and that in the first appearances, seems a strain upon Justice as well as Law, needs a Commentary. A short prejudice does sometimes seize one so strongly, that a long Discourse will be necessary to settle his judgment aright: and therefore I shall endeavour to give you as full an account of that whole matter as I have been able to collect, either from what I learned from the Bar of both Houses when all were permitted to come in, or from discourse in Conversation afterwards; which, I hope, will serve, without any additions or observations of my own, to help you to see this matter in a clear light, and to take off from your self or others, any Impressions that flying Reports or some short Papers may have made. It has been the more easie for me to procure you such an Authentical Relation of that matter as will satisfie you, because both Houses of Parliament did, upon this occasion, slacken their otherwise necessary Rules of having all their Debates with shut Doors, and only among themselves. They seemed in that to comply with the Methods of the Justice of this Kingdom; in which Judges argue and give their Opinions in Open Courts, and in the hearing of all: So, since they brought a Gentleman to a Tryal, they not only hear Councel and Witnesses with open doors; but, in most of their deliberations, they acted like a Judicature that was neither afraid nor ashamed to own what they did. But, to bring those Debates, of which I was so lucky as to hear a great deal, under some Form, I shall lead you, as they proceeded, by these steps. I shall show you on what reason they proceeded by Bill in this Case. 2. On what reason they went out of the Common forms of Law in Inferior Courts, in some steps that they made. 3. Upon what grounds it was that they judged this Unfortunate Gentleman Guilty: and then, 4. I shall acquaint you with some passages before and at his Execution. In stating these matters to you, I shall comply faithfully with your desire of knowing what was said of both sides, for, and against every step that was made: as far as I was able to collect from what was said. It was in general objected that there were Laws, and Courts of Law where Offenders were to be tryed. It was thought a thing of dangerous consequence to proceed against any by Bill, which might have fatal effects, even to the subversion of the Laws of the Kingdoms; which (if in any thing) ought to be observed most sacredly in what relates to the Lives of the Subjects. It was said, that Factions might prevail in Parliament as well as elsewhere, and what was done at one time would be made a Rule or Precedent to warrant the like at another time. It was alledged, that Subjects knew the Laws, and how to govern themselves by them, or when they must fall under them; but no Man could know what a Parliament might call or make a crime, and so no man could be safe. It was yet more necessary that this should be certain in Cases of Treason, where the Punishment went not only to life, but to the corrupting the Blood. By the great Statute of Edward III. the Overt Act must be proved. By that of Edward VI. there must be two Witnesses brought face to face: and all these securities were of late reinforced by the New Act of Tryals in Cases of High Treason; but all these would signifie nothing, if this Method were taken of attainting men by a Law. This was inforced with a variety of Topicks, as you see the Subjects can well bear them. But in opposition to all this, it was said, that the Parliament had often proceeded in this method. Very many Precedents were cited of Ancient times; some of these were indeed afterwards condemned, but so were also the Proceedings at Common Law: for partial Juries and corrupt Judges are plagues that have visited us but too often. Therefore it was no derogation from Parliamentary Proceedings, to confess that in bad times they have been unjust and extreme. Still the Authority was kept up, as that which had been reserved by the Proviso in the Statute of 25 of Edward III. and though that Proviso had not been made, the Nature of this Government of ours in England makes it. It was indeed seldom to be made use of; but when enormous crimes broke out, against which no Provision had been made, Then a Law, as they thought, might declare the Nature of such crimes and apply a proportioned Punishment to them; so in King Henry VIII. time, when a Pot full of Pottage was poisoned in the Bishop of Rochester's Kitchen, of which some eating of it had died; poisoning was declared by an Act to be High-Treason, and the Punishment of it was to be boiled alive, and the Cook suffered by that Law; which was never censured by any. When the Nun of Kent pretended to Visions, that revealed to her the unlawfulness of that King's purpose of Divorce and of a second Marriage, and that if he did go on to it, he should dye a Villains Death; the Parliament adjudged this to be the Crime of Treason against the King's Life and Crown, and condemned some to be attainted of Treason, and others of Misprision, for the share they had in it. This Sir Thomas Moore justified. It is true, Attainders grew to be much in use during the rest of that Reign which was much and justly censured. These things ought not to come too often; the crimes ought to be enormous, and the Evidence ought to be so full that no doubt can remain of it: Many were then attainted upon Depositions produced without bringing the Witnesses themselves to be examined; the crimes objected were slight matters, some passionate words, some Coats of Arms, some pieces of Embroidery, as in the Case of the Countess of Salisbury and the D. of Norfolk; but the chief injustice of all was that Prisoners were attainted without being brought to answer for themselves, or to object to the Evidence laid against them. A Parliament was certainly under the eternal Laws of Justice, and therefore it was an injustice never to be excused not to admit men to speak for themselves. One Attainder past in Edward VI. Reign, when tho' the party was not heard, the Witnesses were heard; but when the D. of Somerset came to be Tryed both for Treason and Felony, he had not the benefit of the Accusers being brought face to face, but was proceeded against upon Depositions read in the Court; he was acquitted for the Treason but cast for Felony, and that occasioned the Act which the Commons Grafted upon a Bill sent down by the Lords in the subsequent Session. In Queen Elizabeth's long Reign there was indeed no Attainder, but there was a very extraordinary proceeding supported by a Parliamentary Authority in a famous tho' invidious Case; and if a Parliament may supersede any of the common Forms of Law they may carry that as far as they see good cause. In Kings James's time those who had been concerned in the Gun-Powder-Treason were by Act of Parliament attainted after they were dead, which was plainly against the Law; for when a Man dies, by our Law all his crimes dye with him. In King Charles the First time the much talked of Attainder of the Earl of Strafford has been generally ill represented; he was attainted upon the Evidence of one Witness, who deposed that he had offered an advice to the King to bring in a Forreign Force to subdue the Kingdom; whereas all the other Witnesses said that by this Kingdom they meant no other but the Kingdom of Scotland then in Rebellion, no discourse being of England; so whether he said this Kingdom or not they could not say, but they understand it all to relate to Scotland. Now since the Relative this, tho' in general it belongs to the place where one is, yet may well belong to that which was the subject of the discourse, tho' this Kingdom in general is certainly this Kingdom, yet these words this Kingdom may be understood of that Kingdom of which they were speaking. The Execrableness of that proceeding was the attainting a man upon single Evidence when the sense of them was so doubtful, or rather on the contrary when it was so certain that those words were to be understood in another sense. It was therefore the injustice of the proceeding that is here to be accused, and not the proceeding by Bill. For it is hard to tell what any Parliament would do, or rather what it would not do against a Minister who upon their refusing to give all the supplies that were asked, should tell a King that he was absolved from all the Rules of Government, and might bring in a Forreign Army to subdue his People. In King Charles II. time, some of the chief Regicides were attainted after their deaths and their bodies were raised and exposed to infamy, tho' no Law could reach that. And in King James II. time, the D. of Monmouth was attainted in absence without assigning him a day to come in, and that upon a Slender proof. By this, not to run backward to ancienter Precedents, it is clear that Parliaments are in the constant practise of Bills of Attainder. But to justifie such a way of proceeding two things are necessary. 1. The Crime ought to be of a high nature in it self; who will say but a Conspiracy to blow up the House of Commons, to blow up the Magazins in the Tower, or to burn the Fleet of England, tho' in themselves but misdemeanors, may be raised by a Parliamentary authority to be Crimes of a higher nature and so be punished accordingly, as poisoning was from being but Felony declared to be high Treason. 2. Another thing is that the Evidence must be certain, so certain that none can doubt of it. When these two are observed no injustice can be done; and certainly tho' forms are necessary for all the Inferiour Courts of Justice, yet the Supreme Authority is above them, and is under no other rules but the rules of Justice and Equity. This Government has a peculiar felicity belonging to it, that it admits of no Torture; every one will acknowledge that it is a felicity, and it is so peculiar to us that no Government now in the World, the freest not excepted, has shut it out, but this only. But to ballance this when Cases happen of great consequence, and notoriously evident, in which all the ordinary forms of Law cannot be observed, the legislative Authority may and must interpose, otherwise the Publick might be endangered by too scrupulous an adhering to forms. The Romans who of all Nations both understood Liberty the best, and liked it the most, reckoned that sort of Justice was indeed never to be departed from; but their Laws might be superseded; sometimes they put all in the power of the Consuls with a viderint Consules, &c. when the danger was more extreme a Dictator was made in whose breast all the Laws were lodged. In great Cases the People judged and sometimes in a very summary way with great regard to Justice, but little to Law, when it seemed to stand in the way of Justice: And yet in all the time of liberty, there were not above three condemned for affecting to make themselves Masters of their Liberties. The Portian Law had secured all the Roman Citizens from Capital Punishments, yet a few years after it had passed, a whole legion having perfidiously fallen in upon Rhegium, the Romans without regard to that Law put them all to death, such regard had they to Justice. In all free Governments, there are extraordinary methods for extreme Cases, and tho' Courts are justly put under Rules yet that superiour authority is above all. Such were the Dictators at Rome, such are the Inquisitors at Venice (not the Ecclesiastical but Civil Inquisitors) such are the Chambers of Justice among the Grisons, and among all out of England upon a credible tho but single Evidence Torture is made use of. In England Tryals of Treason went at first at large by the Common Law, till the Statute of Edward III. hath both limited the Crimes and the Evidence. This had still a reserve in it for a Parliamentary proceeding, which amounts to this, that as to Evidence, Parliaments may proceed as Juries do in case of Felony to cast the Party upon a single Evidence with strong Presumptions, and that as to the Nature of Crimes such actions as do in their own nature tend to the destruction of the Government, tho' not enumerated in that act, may by them be declared to be High Treason. There is no occasion for this in the present case; that is, for declaring it by any new Act to be Treason; The inviting of a French Army into England being certainly High Treason. As for its being a Precedent, it is, only a Precedent to a Parliamentary proceeding. When any Parliament has a mind to proceed in this way, they have already Precedents enough: A new one after so many does not make the matter much stronger. If they had none at all, their supreme power sets them above all forms and rules except that of real Justice. They must take care of the publick, and secure it from danger. They must not put an innocent man to death upon no account whatsoever, that were murther in them. The greater their power is the more careful they ought to be in the use and application of it. England is safe while in the hands of a Parliament. They are in their own hands, in the hands of their Representatives. But if ever the Nation is so unhappy as to make a very bad choice, it must perish, whether a body so ill composed had Precedents or had them not for what they were about to do. This great Authority must be applyed with great care and caution. The nature of the fact must be enormous, and highly so (as has been before observed) otherwise it does not deserve their regard, even tho' it might be very criminal: And what can be more enormous than to treat and send Messages to invite over a French Army? It were invidious as well as it is needless to aggravate this which carries in it all the miseries imaginable that can happen to a Nation, and that from our being the happiest would soon render us the miserablest Nation upon Earth. We have all seen during the progress of the War, a Body of unnatural men among us that were visibly favouring our Enemies in instances that have been too publick and scandalous to need to be insisted on. To these we may justly impute both the length of the War, and the dangers we have been in, of being twice surprized by Forreign Invasion from La Hogue and Dunkirk. To this all the dangers the King's Person has been in of Assassinations may be also ascribed; and with respect be it said, the assassinating the Kingdom, to which the other was to make way, was much the blacker Crime. Confusions among our selves, tho' they may throw us into great Convulsions, in which our Kings may have a very dismal share, as happened in the late Wars, yet they may have their Crisis. The Nation came again to it self in the year 1660. and all things returned to their former State. But a Forreign Conquest enslaves us and our Posterity for ever. And whereas it was said by the Councel for the Prisoner, that this Gentleman was not so considerable that the safety of the Government could be in danger by his means, and that therefore it was not necessary to proceed against him in so extraordinary a manner; which was urged in words not very decent, expressing a contempt of a man of Birth and Quality: But to this it was answered, that the Crime and not the man were to be considered. The inviting over a French Army was so heinous a thing, that on whomsoever it fell it must fall with all its weight. It must not pass over as a slight matter. besides that; he at the Head of the 2000 Horse that were promised was not so inconsiderable. If such Invitation had encouraged the French to undertake the Invasion last year, that was so near proving so fatal to England, such a Crime being of the highest nature is very proper for the Supreme Authority to proceed in; sure they may be defects in the Evidence, which the Courts of Law cannot and ought not to supply. And, as to the evidence, this ought to be laid down for a foundation, that it ought to be certain, such as no man doubts of, or can well make himself doubt of; for if there appears no more but a just suspicion after the whole is taken altogether, certainly in that case the Prisoner ought to be acquitted. But if the Evidence comes so home, that if a Jury were to try one for Felony upon such proof, it cannot be supposed that they would go from the Bar, then, tho' there should be such defects in it, that by the rules of Inferior Courts, and by the Law lately passed, a man could not be reached upon it; here would be a strange return to the Crown for passing such a Law, in which a particular Exception was made as to proceedings upon Impeachments, or other proceedings in Parliament, if upon new and strange Emergencies Emergents , and when we were so lately in such visible and imminent danger, the Parliament would not proceed according to that power, that was inherent in it, and had been ever reserved to it. They were to arrive at Justice whatsoever might lie in their way. Justice was still to be sacred: God forbid an innocent man should suffer; but he was a wise King as well as an inspired Writer, who had made the acquitting the Guilty, a Crime equally odious with the condemning the Innocent. Thus I have given you as fully as I could gather it, the summ of the Argument as to the matter in general. This was the finest part of the debate, and that of the most lasting use; here it was (as far as I could collect) that the much greatest part of those that liked not the Bill did stick: for besides the aversion that all men have for medling in Blood, many thought this might be made a common practice. They could not see how far it might go; and therefore thought it safer to let the Bill fall, then to revive, or, at least, fortifie that which might become very dangerous in its consequences. For I am apt to think they had no concern for Sir John Fenwick, and did not doubt of his guilt, only they had an aversion to the Precedent: And of those who argued for it, I know diverse, who had great tenderness for the matter, and much for Sir John in particular: But since they thought the thing just in it self, the circumstances of Affairs both at home and abroad, made them conclude it to be necessary to pass a Bill of that nature when it was once moved; since the rejecting it would have given great Cause of Triumph to our Enemies, and must have very much disheartened our Friends and Allies. This was not to be considered, 'till the Justice of the point was first setled; for that would be, as if a man were to die, because it was expedient he should die: but if it appeared to be just, then the expediency of it had great weight as to the passing the Bill. The second Head of which I promised to give you an account, is the reasons on which some steps were made out of the common Forms of Law. It was first in general urged, that here in a matter of Judicature the Commons assumed an equal share with the Lords, and more particularly, that they who could not so much as tender an Oath had yet judged a man Guilty of Treason, which seemed contrary to natural Equity. To this it was answered, it was certain that in the way of Judicature the Commons could only be the Accusers, and the Lords were the only Judges; but when they proceeded in the way of Legislation, both Houses must concur. This was the fate of all Bills of Attainders; some of these Bills were begun in the House of Commons. In Henry VIII. time, tho the Bills began in the House of Lords, yet several persons names were added by the Commons, which was the beginning of it as to those persons. That of the E. of Strafford was begun by the Commons, so was also the latest Precedent, that of the D. of Monmouth. It is true the Commons cannot tender an Oath, yet matters of Justice do oft pass upon a bare deposition where the Law do's not suffer an Oath to be tendred. So the acquittal in Tryals of Felony, and, till the late Act was past, in Tryals of Treason, was upon Depositions that could not be upon Oath: Yet they might be believed, and Juries must give their Verdicts upon them if they believe them; so the Commons believing the Depositions might upon these pass the Bill, tho no Oath could be tendred. Another step to which great exception was made, was the the the reading of Goodman's Deposition. It was said this could not be admitted by Law. The Prisoner could not have the advantage of cross examining him, since he did not appear face to face as is required by Law; nor was it proved that Sir John Fenwick, or any impoyed by him, had any way persuaded Goodman to withdraw himself: It would be of very consequence if a man so accused should be condemned; for by this means a Witness, who, if produced Viva voce to accuse a man, could not hurt him, being found insufficient to convict him, yet should have more power to hurt him by his absence than if present. To this it was Answered, that it was a known maxime, that the Practice of Parliament was the Law of Parliament: and the constant practice anciently had been to read Depositions. It is true, they were afterwards to consider of what importance such Depositions were, and what stress was to be laid on them; therefore there was Precedent enough for reading them, yet in Justice they ought to weigh every thing that could be offered to derogate from their credit: as they were to hear every thing that was offered to defame him or to lessen his credit. Might it not be urged as well against the Attainting men after they were dead, that they could not cross interrogate Witnesses, nor offer Proofs for their own justification. In such Cases there must indeed be such a fulness of proof, that it may appear that all exceptions are vain allegations, and no great weight was to be laid on such objections. Another step was the examining the Grand Jurymen, who had found the Bill against Sir John Fenwick, as to the Evidence, that Goodman had given before them against him. Those who had been of Mr. Cook's petty Jury were also examined as to the Evidence that Goodman gave in that Tryal. The Kings Council moved this, that by it, it might appear that Goodman had been always constant in his Evidence. But to this it was objected, that it was against the Law: Those of the Grand Jury were under an Oath not to reveal the secrets that were before them; whatsoever was sworn before them was all to be examined over again in the Tryal; so, that could not be brought as part of the Evidence, and those who had tried another man were not to be brought as Evidence, as to what had passed in a Tryal to which Sir John Fenwick was not a party. It was also observed that those Jury-men varied in the report they gave of Goodman's Depositions. But to all this it was answered, that Evidence might be brought to prove a presumption as well as to prove the main thing in issue. For since Goodman was gone, if any use was to be made of his Evidence, it was a strong presumption either for or against it, if it should appear that he was constant or, that he varied in it. The Parliament was now searching to find out truth: so every thing was to be followed what might help towards that. They were afterwards to consider what use they might make of it; so tho' it might be against the Forms of Law, yet in the way in which they proceeded at present, it was very proper for them to examine into it. As for the Oath of the Grand Jury to keep the Evidence secret, it was an Oath in favour of the King; that so the Evidence might not be known to the Prisoner , till he should be brought to his Tryal. Since therefore this was an Oath to the King, they who were brought thither by his Council were freed from the obligation of it; and since this was indeed Sir John Fenwick's Tryal, the end of the Oath was already Answered, so that it did not bind them to conceal the Evidence that had been given before them. As for those who had been of Mr. Cook's Jury, their Oath was not to be Evidence against another Person; It was only a Circumstance that might direct them to judge what value they ought to set upon Goodman's Depositions. As for the diagreement that might be among them, the Jury-men themselves, when first called in, declared they could not be positive in it as to the particulars; because it was a good distance of time, and they had not sufficient notice to think and recollect. And as to the disagreement, it was not in the charge it self, nor the matter alledged against Sir John Fenwick, but it was only in some small circumstances, in which men might vary who had heard the Deposition but once; and so, are not like a Witness to a fact, that he has seen or known, which he is supposed to reflect oft upon; nor do they consider more upon such occasions, than whether the Evidence is so well made out, that they can give a general Verdict upon it. They therefore might misremember themselves as to some particulars which were of less consequence, that would undoubtedly be observed when it came to be debated how far Goodman's Evidence was to be made use of, or to be depended on; which was afterwards little insisted on, and seemed rather to be brought to shew the fairness of the proceeding in the whole matter, than to draw any Inferences from it to hurt the Prisoner. I come in the next place to tell you what the Evidence was, upon which Sir John Fenwick was believed Guilty. I need not report Captain Porter's Evidence, it being so oft in Print, as to this particular, both in Sir John Friend's, in Sir William Parkin's, and in Peter Cook's Tryal. All that was special here was, that he said that the Lords left the rest of the Company about Five of the Clock, but he could not tell whither he went when he left the House, nor whether he went home that or some following Nights. All the People of the House where they dined were examined, who all deposed, that they were often coming to the Room where that Company was, the Doors being all the while open; that they saw not Goodman there, nor had ever seen him there, as they remembered at any time; they believed he could not be there at that time. They also said that the Lords went away about Four of the Clock, and to that particular divers others Witnesses were examined, who all agreed that it was about Four; so tho' some of these Witnesses were not much considered, yet that matter seemed to be agreed on, that they left the House about Four of the Clock; whereas Porter sware it was about Five. A Record of Man-slaughter was also brought to lessen Porter's credit; and whereas he said he could not tell when he went home, it was urged, that from thence it must be concluded he was drunk, and so could be no proper Evidence to what past when he was in such a condition; some disagreement was also observed in the Printed Tryals between the Evidence he gave as to Charnock's coming to him after his return from France; in one it being that he came to him after his Confinement to Newgate, and the other after he was freed from his Confinement. This was much insisted on, and upon this it was said, that as he was the single Evidence, so he was a very doubtful one. To all this it was opposed, that by one unquestionable Evidence it appeared, that Goodman had once dined in the House with Sir John Friend, so he was known to the House; and by another it was proved that he had given direction to call for him that very day at that House, so little credit was due to the People of the House. As for the hour of their parting, when the days are so long as in May, no man can be positive to an hour except some circumstance oblige him to attend to it. A man may think it is Five, when it is but Four; time seemed to move quicker or slower as People were in hast or weary; so no stress should be laid on that. It is but an Inference that he was Drunk, because he did not remember when he went to his Lodgings; other considerations besides that might make a man, who was too much a libertine, not be able to give an account of himself. The record of Man-slaughter did not at all affect his fame or credit in what he Deposed upon Oath. The varying in the Tryals was occasioned by the difference between the Short-hand-writers, one had Writ all the Depositions one way, another had varyed in some. The Witnesses had complained to my Lord Chief Justice, after the Tryals came out, that their Depositions had been wrong taken; one of the Short-hand-writers was not placed so advantageously as the other; besides that the mark in Short-hand-writing that distinguishes between these two after he was confined, or after his confinement was over was so inconsiderable, that the exactest Writer might mistake; so the insisting so long on this was much wondred at. Upon the whole matter it was said, that though a bad man was at first a doubtful Witness, yet after so many Tryals, so great a canvassing find matter to object against him, and that not one point he had sworn was ever disproved, or so much as denied, by any who had died upon his Evidence; all this confirmed his credit beyond the possibility of calling it in question. They who had suffered, had studied to cover the Late King all they could, and denied that they had seen any Commission from him for Assassinating the King; but in this they did not contradict Mr. Porter, he spoke not a word of a Commission to assassinate the King, but only of a Commission to attack and seize his Person, which none of them denied. If in any circumstances he had sworn wrong, they to discredit him, and to save their Friends, could not have omitted to deny and contradict it. This not one of them has done: Sir J. Friend and Sir W. Parkins had this very matter objected to them, it was a part of the Evidence against them, yet they died without denying it; which is not possible to suppose they would or could have done, if it had been False; since it would have discredited the Evidence, and so have been a means to save their Friends. This is the nature of a violent Presumption, which really goes further, to satisfy a Man's Mind, than ten Witnesses; for one may suspect them all how full or home soever they may swear: but this forces it self so upon a Man, that it determines his Assent, he believes it because he cannot doubt of it; and therefore they concluded that Capt. Porter was not a doubtful Witness, but an undoubted one, since his Evidence was fortified with so many violent Presumptions as every one of the dying Men had given to it; but most particularly by what Friend and Parkyns had said, who justified themselves in what they had done, but denied no part of that which was objected to them. This is more than any Jury in Cases of Felony would require to determine them to bring in their Verdict, and so must be enough to determine the Houses of Parliament. Goodman's Evidence was not much insisted on. It was proved that he had been a common High-way-man; a Record was brought of designing to murder two of the Dutchess of Cleveland's Sons; besides most horrid Blasphemies, that could scarce be heard with Patience. It was not proved that any in Sir John Fenwick's Name had practised with him to withdraw, so it might be presumed that Horror for his false swearing might have been his Motive. To all this it was said, that tho it appeared that he was a very wicked Man; yet since these Persons, as it was proved, had kept him Company much, they made him a more creditable Witness against themselves, than he could be against any other Person. The concurring Circumstances in this Matter gave Credit to his Testimony; for as to Black Things, very wicked Men, when supported by other Presumptions, must be credited, since such Persons are the only proper Tools to be imployed on such occasions. It is true, it was not proved, that any in Sir John Fenwick's Name had practised on him to go out of the way: But a Practice of corrupting Porter to go out of the way had been fully proved; in which Lady Mary Fenwick, and Sir John's Sollicitor, had been concerned; which gave a strong Presumption against him, and a just cause of Suspicion, that he was also concerned in the withdrawing the other Witness: But that was only a Suspicion. Another Practice that was proved to be carried on to discredit his Evidence was also brought as a Presumption; but that gave only occasion to another Suspicion as to the withdrawing of Goodman: So the Business of Goodman was little insisted on. Another Matter was more urged; when Sir John was first taken, he writ a Letter to his Lady (which was taken from the Person to whom the conveying it was committed); in it, besides many other Directions, (by all which it appeared he looked on his own Cause as desperate) he advised her to try, by Money, to gain some of the Jury, to starve the rest; and added, that or nothing must save me my Life . This was then brought to the Lords Justices, (as was testified at the Bar of the House of Lords): And upon his first Examination before them, in which he denied every thing, they told him he was not of that Mind when he writ that Letter, which was then shewed him; to which he said nothing, but laid it down, and was silenced by it: That was considered as an implicit confessing of it. Some thought to have taken off this, by saying it was like the proceeding in Col. Sidney's Case, upon the Similitude of Hands; but the barbarousness of that Case was, that a Book found lying in a Man's Study, writ many Years before, was brought to supply the want of a Second Witness, of a Treason of a few Months standing. It could not have been denied, but that if there had been Witnesses against Sidney, tho doubtful Ones, it was a violent Presumption to support their Credit; If it appeared by a Book of his own writing that he thought Kings might lawfully be put to Death. This was not urged as an Evidence but as a violent Presumption, that Sir John knew himself Guilty, and such certainly it was. But as Sidney's Case was urged, so the Lord Russell's Case was also insisted upon, which had been ever thought hard that upon some transient Discourses he had been condemned, and it was alledged that these were only Discourses at a Tavern; But there was a vast Difference between the one and the other. In the L. Russell's Case there were only Discourses of the feasibleness of Seizing the Guards, but nothing was resolved on: And not one word was sworn to have been spoken by him. Whereas, here, a Messenger was agreed on, a Messenger was sent to invite over a French Army; which were plainly Over't Acts. The last thing I shall take notice of is, the Delay used by Sir John, after his Apprehension; According to the Contents of the Letter to my Lady Mary (which was talk'd of in Kent soon after 'twas written), very Sedulous Endeavours were used to have his Tryal postpon'd; That seem'd to be upon some Design, which he trusted to more then his Innocence. Goodman having been Apprehended, and Evidence having been given by him against Sir John Fenwick before a Justice of Peace, the Grand Jury; and Petty Jury, upon the Tryal of Mr. Peter Cooke, who was Condemned upon that Evidence: They saw that what was sufficient to Convict Mr. Cooke was sufficient to Convict Sir John; the Evidence being as strong against the one as the other. Now what Course could be taken? One was a Pretence to make a Discovery, and to get time by sending a Letter over Sea to the King; in which ('tis said) he informed against several, both Lords and Commons, only upon Hear-say: In the mean while saying little that, after the Act of Grace, could touch his own Party, tho it might be presumed he knew more of them then others. Another Artifice (and which all this Train seemed to lead to) was to prevail with one of the Witnesses to withdraw. Porter was first tryed; but he was not to be dealt with (as they perceiv'd): No Money would buy him off, nor was he to be wheedled, or frighted. But at length, by some Means (and what they were, we may guess by their Attempt upon Porter); Goodman went out of the way. Which being effected, Sir John was safe (since the late Act requires two present Witnesses) for without a Bill of Attainder it was impossible he could fall under the Sentence of Death, as he sayeth in his Last Paper. This was a more effectual Course then to get Two or Three who could starve the rest of the Jury: So he gives Direction in his Letter to my Lady Mary, if my Memory does not extreamly fail me; adding, That or nothing can save me. This, Sir John depended so much upon, that, upon Goodman's Absconding, he let fall his Pretences of making a Discovery for the present. But this Bill having passed the Commons, was brought up to the Lords; where after a full and long Debate, and before the Third Reading, Sir John was askt what he had to say; he desired (as I was informed) three Things. 1. That (according to what had been at first promised by the Lords) what He should say in that Court might not be made use of against him in any Inferiour Court; and also that he might have an Assurance of it from the King (for so he all along called him, tho the Paper-writer gives Him no other Title then Prince of Orange) 2. That he might have a Pardon before he Confessed. 3. That he might not be made use of as an Evidence after it. The King was Petitioned by the Lord for the First, and it was granted. The Second (it seems) was thought unreasonable; but yet (as I have heard) so far complyed with, that he was told, If he made such a Confession as would be satisfactory to that House, they would therein also intercede with the King; and bid him rest assured that they did not then doubt of the King's Favour, as to both the Last. But he did not think himself Secure, as he said, and so the Bill passed. Thus I have given you, in as few Words as I could, the summe of this long Evidence: What remains but to consider the Circumstances relating to it, so far as I was enabled to learn. One main part of which was a Petition delivered by the Lords, at the Lady Mary's Request to the King, for a Suspension of the Execution for eight Days to which the Narrative was annexed, signifying that when time was he had saved the King's Life; and besides it was alledged that he wanted the Assistance of a Divine. The Former was of no force, for this Act (which he now challengeth to himself the benefit of) was a Year before the last intended Assassination, and the Assassines were such as he freely and intimately Conversed with afterward; and yet he gave no Notice of it to the King nor to any one else that I could hear of; which if he had, Sir John would most certainly have made use of this Pretence in the Paper delivered to the Lords, and at his Death have justified himself upon it. The Neglect of which before, and the Omission of it afterwards, gave too great reason to suspect that it might be with him as it was with Lowick and Rockwood, who abhorred the Fact, but thought themselves however obliged, contrary even to their own Sense, to obey Orders; Vid. Rockwood's Tryal, pag. 52. according to the Commission which Crosby assured them he saw Signed by King James at St. Germains, and was sent away for England before he came from thence. So Knightly abominated the Thing as much as any Man Living; yet under some honourable and fair Pretence became so far engaged, that by a mistaken Notion of Honour he thought he could not retreat without the Infamy of Cowardise; to use his own Words which were read in Court, when he came to be tryed. The latter Pretence is frivolous [That he had no Ministers,] for (I have been credibly informed) that he had first of all the offer made of any of the Clergy that had taken the Oaths; and among the Bishops, such as had dissented about the Bill of Attainder. And when that was not accepted, he had his choice of three or four Non-jurants; and by their Refusal had made it necessary to the Government to permit none at all, or the late Bishop of Peterborough only; since the others that were Nonjurants refused to attend him; upon pretence that they might have the Oaths tendred them, and so stand convicted: A Pretence that Dr. White and all the Non-jurants were alike liable to: But surely when they might have had leave from the Government to go, they might as well rely on the Justice and Honour of the Government as live under the Protection of it. I come now to the last part, which I promised, which is to make some Reflections upon the Paper which he delivered to the Sheriff. Of what stamp this writing is we may easily judg. The Artificial Contrivance of it, the little Avoidances, and Cautions stuck in every where, shew that they are not the words of one that had no Talent in writing, nor the free and undisguised thoughts of one that was immediately to dye. He professes to dye in the Communion of the Church of England; but whether this Paper be consistent with the Simplicity and Candour taught and required by that Church, especially in our last Hours, let the Reader judg. It doth not mightily concern the World to know what Religion Sir John Fenwick was of. I know no Perswasion over zealous to challenge him as theirs. I fear he was rather of a Party than of a Religion; and that was the Cause he died in. I acknowledg there was a Design of a Party to have made him a Martyr, as they had contrived it: If the Second Petition offer'd to the Lords had been received without Alterations, and when presented to the King, had been entirely complied with. If he had been respited for eight Days, according to the Petition, he had then suffered on the 30th of January, the Anniversary of a Noted Martyr of Blessed Memory; with whom he was not fit to be so much as named the same Day. He saith, My Religion taught me my Loyality, which, I bless God, is untainted: And I have ever endeavoured, in the Station wherein I have been placed, to the utmost of my Power, to support the Crown of England in the True and Lineal Course of Descent without Interruption. Now I would know what is meant by the True and Lineal Course of Descent? If he means thereby the next in Blood without any Interruption, where is this always to be found? not in our Histories, nor in our Laws. Edward the Confessor (whose Cross was some years since so much reverenced by the late King, and who himself was esteemed a Guardian Saint) broke that Lineal Descent both in taking the Crown and leaving it at his Death; and whatever is due to the Blood, was never thought absolutely due to the Person, nor to the next in this Lineal Course of Descent. Neither our Religion nor our Law teaches such a kind of Loyality. It is not our Religion but the Law that determines our Loyalty as to the particulars of it; and so far, such as our Law determines our Loyalty to be, such doth our Religion determine it. Now what Law is there to keep a Prince by violence from leaving his People? That requires us to support the Crown on him, that will hold it upon no other Terms, than that his Will and Pleasure may be above it? What Law that obliges us to adhere to and assist Him, that, contrary to our Oaths of Allegiance and Supremacy, as well as those at his own Coronation, will Subjugate his People to a Forreign Prelate or Potentate? And that would put himself wholly in the Power of such a Prince, whom above all in the World his People had no reason to expect Favour from? I know no such Law, nor any such Church of England that teaches such Loyalty, in any of those Books that are the Standard of it. And yet this is the Loyalty he (as he professes) dies Innocently for, and which he endeavoured to the utmost of his Power to support. But farther, who is concerned in this True and Lineal Course of Descents? it is, in his opinion, the pretended Prince of Wales; whom he prays for in the Conclusion, and of whom he saith, it is impossible the Nation should prosper, till the Government is settled upon his right Foot. A Pretence which their way of Proof made at the best very doubtful. And we know, who once said it, that in dubiis melior est conditio possidentis. Certainly we shall be upon a very wrong Foot if we depart from the Act of Settlement. He goes on, As for what I am now to dye, I call God to witness, I went not to that Meeting in Leadenhall-street with any such intention, as to invite King James by Force to invade this Nation; nor was I my self provided with either Horse or Arms, or engaged for any number of Men, or gave a particular Consent for any such Invasion, as is most falsely Sworn against me. But what is become of the other Meeting at Mrs. Montjoy's? that's perfectly dropp'd. And as for this at Leadenhall-street, that he cannot deny; nor doth he venture to call that part of the Evidence in question, which speaks to the Time or Persons, or the Matter then discoursed upon. But what hath he then to say? He came not thither with any intention to invite King James by Force to invade this Nation. Was this sworn against him? It was not the intention before hand, but the Subject matter of the Discourse that was proved upon him; if there was nothing of that Kind, no Design formed, no Message or Messenger sent to invite King James, that is as soon denied as the Intention. But of that not a word. But, however, he betakes himself to another Shift, viz. He was not himself provided with either Horse or Arms, or engaged for any number of Men. A very doubtful way of Expression. He was not himself provided; but what need was there of a present Provision, when the Service was to be at some Months distance? or what if he was not himself provided, if it was to be provided for him? What need of any such Provision, when (as it was confessed) they were upon the Instant to seize Horse and Arms when occasion should be. And so it was formerly in the Gunpowder-Treason. He saith, he was not engaged for any number of Men; but was he not one of those that were to raise 2000 Men in the gross, and it was not necessary the Quota of each particular Person should at that Meeting be set out. He goes on, Nor did I give particular Consent for any such Invasion; that is not so charg'd upon him. All rose up and said to Charnock, Yes you may. Whether it was general, or whether it was a particular Consent, is not the Point. The Consent it seems is not denyed; And then where the Perjury is we are yet to seek. He proceeds, and I do also declare, in the presence of God, That I knew nothing of King James's coming to Calais, nor of any Invasion intended from thence, till it was publickly known: And the only Notion I had that something might be attempted, was from the Thoulon Fleet coming to Brest. If this is true, it is evident the English were trusted with no more of the Secret than was absolutely necessary. It was found fit that the Assassination should lye upon them; it was a desperate piece of Service, and if those forlorn Wretches perish in it, let them perish. But as to the Invasion, the when, and the whence, it was lodged with others, to whom the Profits and Advantages of a Conquest were reserved. It was sufficient that when these Conspirators heard the Thoulon Fleet was come to Brest, then upon this Signal, they were to be in readiness, and with the Horse they had or could seize, were to make their way as they could to the Coast, when they heard their Friends were landed. This, it seems, was the only Notion Sir John and the rest (I suppose with him) had of the Invasion; and he saith, he knew it not till it was publick. The Information he gave, he is willing to make the best of in the next Paragraph; for, saith he, I also call God to witness that I receiv'd the knowledg of what is contein'd in those Papers, that I gave to a great Man that came to me in the Tower, both from Letters and Messages that came from France; and he told me when I read them to him, that the Prince of Orange had been acquainted with most of those things before. This was what he himself did not believe when he talk'd of it long before (as one has affirm'd), but yet was pleased with it, because it would create Suspicions and Jealousies. He acquaints us with another part of the Secret, that the Great Man, to whom he imparted it, could tell him the Prince of Orange had been acquainted with the most of this before. But what was it? Not that the Great Man knew of these Lords and Commons he accused, but of an Intelligence in general that passed between England and France. As for his Expectation of Mercy from that Prince whose Life he pretended to have sav'd, it has been already consider'd. He goes on, as he began, with a profession of his Innocence, the accusing others of seeking his Blood, and charging the guilt of it upon the whole Nation; for saith he, I beg of God to pardon those who with great Zeal have sought my Life, and brought the Guilt of my Innocent Blood upon this Nation; no Treason being proved upon me. Other Malefactors may as well accuse the Judges and Juries, and Courts of Justice for seeking their Life, when they are Convicted, Condemned, and to be Executed for their Crimes: But why doth he thus arraign those that were concern'd in the Bill? Was he indeed Innocent? Was no Treason proved upon him? This he saith, and saith it when he comes to die. And yet if we believe, not the Evidence of others only, but himself, it is plainly otherwise. What was the meaning of his Confusion in his Letter to his Lady? What becomes of his Privity to the first Design of the Assassination which he did not discover? What of his Offers to confess again and again? What of his owning the Meeting, the Design, &c. How then is he Innocent? No, saith he, no Treason being prov'd upon me. Was there no Treason in inviting a Forreign Force? no Treason in joyning with it? no Treason in holding a Correspondence with the greatest Enemies of the Government and Nation? The matter of Fact was too plain to be denied? And it was of that Nature which in the ordinary construction of the Law is Treason. Here then was Guilt, here was Treason. And how then can there be Innocent Blood, and of that Malignity as to lie upon the Nation? It must wholly rest then upon the Proof; No Treason being proved upon me. So that let the Malefactor be never so guilty, he may protest his Innocence, and charge the Guilit of Innocent Blood upon the Nation, if it is not in every Punctilio proved upon him. And yet this is all his Innocence is supported upon, as appears by what follows, viz. I return my most hearty Thanks to those Noble and Worthy Pesons who gave me their Assistance, by opposing this Bill of Attainder; without which it had been impossible I could have fallen under the Sentence of Death. Why Impossible? Might he not expect as much Justice from both Houses of Parliament, as from the Ministers of Justice, and the Juries, in the Inferiour Courts? Had he not the Privilege of being heard by his Counsel, and the Favour of all that could be said in his behalf by those Noble and Worthy Persons that in both Houses were against the Bill? Was he not himself heard and re-heard to the very utmost, and had all the Advantages allowed that one that stood thus accused could, and more then he could reasonably, expect? Why was it then Impossible? The reason is evident, because the other Witness was withdrawn; and according to the late Act, one, in the ordinary Course of Law being not sufficient, how clear soever the proof otherwise was; therefore without the Bill of Attainder it was Impossible. And thus we see at last upon what point his profession of Innocency turns, and that he dies with the charge of guilt of his Innocent Blood upon the Nation; and that is, because of the Attainder: and then all Attainders must be condemned; and if so, he is Innocent; but if that Course of Law is to be justified, as surely it is, (and has been before shewed) then he is guilty, and the Treason clearly and sufficiently proved upon him. So that upon the Whole, there is little else then Reservation and Equivocation; the Defence of which we leave to another Church, for that belongs not to the Church he professes to dye a Member of. If we were to construe his words (if this they were, otherwise then he made them such by his owning of them) according to the Contrivance of the rest, which are so full of Ambiguity and abstruse and doubtful Meaning; those Noble and Worthy Persons who have his Thanks, are no more beholding to him, then the others he Charges with seeking his Life, when he saith of them, I am fully satisfied they pleaded their own Cause when they pleaded mine. But what ever he meant, those Noble and Worthy Persons have given too great Assurances of being otherwise inclined, to have any thing of that Nature made use of to their Disadvantage. He concludes with a Prayer; but it is too, a fixing upon himself the Fact he stood charged with and died for; it is for the Abdicated King, and the Spurious Prince; that is, for the maintaining of that Cause, which, he saith, he endeavoured to his utmost Power to promote. Upon the Whole, it appears by his and his Friends Conduct, as well as by his Treasonable Practises, he had made it necessary to the Government to let the Sentence take effect. It was the Clemency of the Government that has emboldned the Enemies of it to proceed the more confidently in these Practises; and at length to conclude, that because it did not, that it therefore durst not punish them. I know not how to conclude better then in the Words of Parliament Parlaiment , in their Late Act for better Security of His Majesty's Royal Person and Government; it saith, They have been delivered from the Bloody and Barbarous Attempts of Traitors and others His Majesty's Enemies, who, there is just reason to believe, have been in great measure encouraged, to Undertake and Prosecute such, their wicked Designs, partly by His Majesty's great and undeserved Clemency towards them, and partly by want of a sufficient Provision in the Law for the securing Offices and Places of Trust to such as are well affected to His Majesty's Government, and for the repressing and punishing such as are known to be disaffected to the same. The End.

Law

A LETTER Concerning the Attainder and Execution of Sir JOHN FENWICK.

A letter to a friend, in vindication of the proceedings against Sir John Fenwick, by bill of attainder [...]

LawB1704

THE Plaintiff brings an Action upon the Case in Banco Regis against the Defendant, late Sheriff of Suffolk, setting forth, that a Writ issued for Choosing of a Knight for that County to serve in the then Parliament instead of Sir Henry North, deceased, That at the next County Court the Freeholders proceeded to an Election; and altho' the Plaintiff was duly chosen per majorem numerum Gentium tunc resident. infra dictum Comitatum, quorum; tunc quilibet expendere potuit 40s. lib. Tenement. & ultra per Annum infra Comitat' illum, ac licet prædictus. Willielmus premissa satis sciens postea Breve. prædict. in Cur' Cancellar' retornavit, simul cum quadam Indentura int' ipsum Vicecomitum & prædict. Electores ipsius Samuelis de prædicta Electione ipsius Samuelis fact' sec' exigentiam Brevis prædict. Prædict. tamen Willielmus ad hunc Vicecomes Officii sui debitum minime ponderans, sed Machinans & Malitiose intendens ipsum Samuelem in hac parte minus rite per prægravare & eundem Samuelem de fiducia unius Mil. Com' prædict. in dict. Parliamento exercend' omino frustrare & deprivare, & prædict Samuelem ad diversas magnas & grandes Pecun' Summas expendend' causare contra Debitum Officii sui prædict. Falso, Malitiose & Deceptive ad tunc in eadem Cancellar. apud Westm. prædict. retornavit una cum Indentura præd. quandam al' Indentur' eidem Brevi scilicet annex. specificans illam forefact int' præfat Willielm' &c. ex una parte & diversas al' personas dict' Comitat' in Indentur' ill' specificat' & content' qd. dict. al' personæ & Major pars totius Com' præd. in præd. pleno Comitat' elegerunt quendam Lionellum Tallmash Bar al' dict. Dom. Huntingtowr in Regno Scotiæ. Henrici North un' Mil. Com. Suff. prædict. pro Parliament. prædict. adveniend. eidem Parliamento pro Com. illo. Ubi revera prædictus Lionellus non fuit Electus per Majorem partem prout per ult. Indentur' falso supponitur Ratione cujus quidem falsi retorn. de prædict. al Indentur' &c. idem Samuel. in domum inferiorem pro Communitat. hujus Regni Angl. &c. Assemblat. admitt' non potuit, quousq; idem Samuel. per Petitionem suam Communitat. dict. Parliamenti pro remedio congruo exhibit. & post diversas ingentes denar' Summas in & citra manifestationem & verificationem dict. Electionis coram dict. communitat. expendit. & diversos labores in ea parte sustent. postea scil. &c. communitat. in domum communit. prædict. admissus fuit & Elect. ipsius Samuel per communitat. declarat. fuit fore bona unde deteriorat, est & damn. habet. ad valen. 3000l. There is a Verdict for the Plaintiff, and Damages found to the value of 800l. and Judgment thereupon, and a Writ of Error is brought to Reverse that Judgment. I have but little Time left to say what I have to offer, it being very Late; and yet I must desire leave to produce those Reasons, I have in Maintenance of my Opinion; I will be careful not to detain you longer than will be necessary. And therefore I will not trouble you with Stating the Case again, nor will I speak of any Exceptions that have been made to the Declaration, for I love not the Niceties of the Law in Cases where they do prevail; And in this Case I have only considered the Foundations of the Action; which if I had found well established upon Reason, or the Grounds of the Law, I would have examined what has been objected to the Forms of Declarations, which must have brought great Weight to have over-turn'd these Proceedings. But as to the Point of the Action, upon the most serious Consideration I would have of it, and weighing what hath been before now, and also at this time, said in support of it; I am of Opinion that the Judgment ought to be Reversed; for that no such Action as this, at Bar, does lye by the Common-Law Because this is a Cause of considerable Value, great Damages being Recovered; because it is a Judgment of great Authority, being upon a Cause Tryed at the King's-Bench-Bar, and given upon Deliberation there; because it is a Case of an extraordinary Nature, and of great Import, each Party pretending Benefit to the Parliament; because it is an Action Primæ Impressionis, that never was before Adjudged, the Report of which will be listned after; I have taken Pains to collect and set down the Reasons, that I must go upon in determining this Case; that as the Judgment had the Countenance of some Deliberation in the Court where it was given; so the Reversal being with greater Deliberation, may appear grounded upon Reasons that ought to prevail. I can say with my Brother Wyndham, that I love rather to affirm Judgments, then to reverse them; but I can attribute nothing of Authority to the Judgment, tho' it were given in a Superior Court, and upon Deliberation. I must Judge of it as if the Case came to be Judg'd originally by me: The Argument to support a Judgment from the Authority of it self, is, Exceptio ejusdem rei cujus petitur Dissolutio, which ought not to be admitted in Cases of Writs of Error. We are intrusted to Examine and Correct the Errors of that Court, and for that purpose we are made Superior to it; we must proceed according to our own Knowledge and Discretion, or else we do not perform the Trust Reposed in us. I must needs say this is a Cause that imports it more then any Cause I have known to come before us, for it is a Cause Primæ Impressionis; and the Question is, whether by this Judgment a Change of the CommonLaw be introduced. It is the Principal Use of Writs of Error, and Appeals to hinder the Change of the Law; therefore do Writs of Error in our Law, and Appeals in the Civil Law, carry Judgments and Decrees to be Examin'd by Superior Courts until they come to the highest, who are entrusted that they will not change the Law. Therefore do Writs of Error lye from Ireland, which is a Subordinate Kingdom to England, by whose Laws it is governed; that they might not be able to change the Law by their Judgments, and not so much for the particular Right of the Party. For otherwise it wou'd be very easy for Judges by Construction and Interpretation to change even a Written Law, and it would be most easy for the Judges of the Common-Laws of England, which are not Written, but depend upon Usage to make a Change in them, especially if they may justify themselves by such a Rule as my Brother Atkyns lays down to support this Case; viz. That the Common-Law complies with the Genius of the Nation. I admit that the Laws are fitted to the Genius of the Nation; but bnt when that Genius Changes, the Parliament is only intrusted to Judge of it, and by changing the Law to make it suitable to it: But if Judges shall say it is Common-Law because it suits with the Genius of the Nation; they may take upon 'em to change the whole as well as any part of it, the Consequence whereof may easily be seen; I wish we had not found it by sad Experience. If the Case at the Bar be a Change of the Law, it is happy it comes to be question'd in the first Instance; for if this Cause had been any way agreed and quieted, and a second Case of this Nature had been questioned, there wou'd have been a President urg'd, which cannot be spoke of here; for this Case hath no Fellow, there never having been the like Judgment before. The Method I shall take in what I have to say shall be, 1st, To Remove some prejudice the Case is under. 2dly, Give my Reasons against the Action. 3dly, Weigh what hath been said to maintain the Action. 1st. The Case is under this Prejudice, That an Action of the Case lyes for false Returns of Sheriffs; and why should it not lye in this Case as well as any other. To Remove this Prejudice I shall shew some material Differences betwixt the Nature of Ordinary Returns and this Return. In Ordinary Returns the Party is Concluded, and absolutely without Remedy; for the Court must take the Return as the Sheriff makes it. In Ordinary Cases the Sheriff may, and frequently does, take Security of the Plaintiff, or the Sheriff hath means by Law to be Secure; as if he doubts the Property of the Goods, he may return upon a fieri facias, Nullus venit ad monstrandum bona. In some Cases he may for his safety, Impannel a Jury, as upon an Elegit , or he may Resort to the Court, and pray reasonable Time to prepare his Return, if the Matter be difficult; and hath other shelters, that if he be wary, will save him from Danger. But in this Case the Party is not Concluded, for upon a Petition to the Parliament, if they see it Just, they will cause the Return to be alter'd by the Clerk of the Crown, if the Sheriff be not in the Way; in this Case the Sheriff may not take Security, it were Criminal in him to make such a Return by Compact, nor can the Sheriff make a Fruitless Return, or obtain Delay to consult his Safety. These Differences are of that Nature, that they change the Case in the Reason of it, as I shall hereafter make appear: And no Man can infer because an Action lyes for false Returns in Ordinary Cases; therefore it lyes in Case of a Return to Parliament, where the Sheriff is clearly upon Terms. My Reasons against this Action are applicable to this Case, and make it different from all the Cases that have been put by my Brothers that Argued for the Action: I observe they Argued only upon Generals, without any other Application to this Case than by the Topick of concluding a Minori ad Majus, because Actions lay in Cases of Inferiour Nature, therefore it will lye in this; which Rules hold not in diverse Cases where there are particular Reasons to the contrary, as I shall by and by shew to be in this. 2dly, I shall give you my Reasons against this Action, which are as follow. 1st. My first Reason is this, because the Sheriff as to the declaring the Majority is Judge, and no Action will lye against a Judge; for what he does Judicially, tho' it should be laid Falso, Malitiose & Scienter, as appears in Co. 12 Rep. fol. 24. They who are intrusted to Judge, ought to be free from Vexation, that they may Determine without Fear; the Law requires Courage in a Judge, and therefore provides Security for the Support of that Courage. But, 1. Is the Sheriff a Judge in this Case? And 2. Is there the same Reason he should be freed from all Actions? As to the First, it is of Necessity, that as to the declaring the Majority, he should be the Judge upon the Place, in other Cases in the County Court; the Free Suiters are the Judges, and he is the Minister: When we say the Free Suiters, we mean the Major part of them is to Judge; but when the Question is, which is the Major Part, they cannot Determine the Question; but of Necessity the Sheriff must determine that, the Nature of the thing speaks it. Therefore it was held rightly in Letchmer's Case, 13 and 14 Car. 2. that as to the Election of Knights to the Parliament, the Court is properly the Sheriff's Court, and the Writ is in the nature of a special Commission, Elegi facias. I know a Judge may have many Ministerial Acts Incumbent upon him, as the Chief Justices have to certifie Records upon Writs of Error; Therefore it is necessary for me to observe, that the Suit here is for what he does as a Judge, and not for any thing Ministerial that appears by the Averment, that the Sheriff annexed another Indenture, specifying to be made by the Major part of the Freeholders, and containing that the Lord Huntingtowr was Chosen, Ubi re vera, The Lord Huntingtowr was not Chosen by the Major part of the Freeholders. If it had been said ubi re vera , the Freeholders supposed to Seal the same, never did Seal the same, there had been a falsity in his Ministerial part of sending in the Indenture; but his sending Two Indentures, which were really Sealed by the Freeholders, as they import; wherein the Freeholders of each Indenture (and not the Sheriff) say that they are the Major part, is no falsity in his Ministerial part, but only defering to Judge between them, which is the Major part, or more properly judging that they are both equal in Number. They Object that the Matter of this Question is not matter of Judgment, 'tis but counting the Poll, which requires Arithmetick, but not Judgment; but certainly if it be rightly consider'd, it will be thought this Question of Majority is not barely a Question of Fact, but a Question of Judgment, a Question of Difficult Judgment, there are so many Qualifications of Electors. 1. They must have 40s per Annum , there the Value must be judged. 2. It must be Freehold; there the Title 3. It must be their own; there colourable and fraudulent frandulent Gifts made many times on purpose to get Voices, must be Judged. 4. The Electors must be Resident; there the Settlement of the Party must be Determin'd. 5. There are many things that incapacitate Voices, as Bribery, Force, &c. and many other Questions arise, that are of such Difficulty, that in Debate of them, much time is spent in Parliament; and sometimes a Committee Determines one way, and the House another. Is not this then a Question that refers to Judgment? They Object again, the Sheriff may give an Oath concerning all the Qualifications, and he is to look no further. I Answer, The Statute has given the Sheriff Power to give an Oath in Assistance of him; but the Statute does not say that whosoever takes that Oath shall have a Voice: Neither does the Statute 23. H. 6. say that the Sheriffs shall not be charged with a False Return that pursues that way; so that altho' he may use those Means for his Direction, yet he must consider his own Safety, and not make a False Return; if a Man upon taking such an Oath, give the Sheriff a special Answer, or it should be known to the Sheriff he Swears False; the Sheriff must Determine according to his own Judgment, and not by what is Sworn. It may hence be concluded that the Sheriff, as to declaring the Majority, is a Judge; and if so, my next Assertion is, That there is the same Reason he should be free from Actions, as any Judge in Westminster-Hall, or any other Judge. Does it not Import the Publick that the Sheriff should deal uprightly and impartially? Ought he not to have Courage, and for that End should not the Law provide him Security? Consider his Disadvantages, what a Noise and Crowd accompany such Elections; what Importunity, nay what Violence there is upon him from the Contesting Partys. We may say no other Judge has more need of Courage and Resolution to manage himself, and Determine uprightly, than he. No other Judge Determines in a Case of greater Consequence to the Publick, or Difficulty than he; Expose him to such Actions, and in most Elections he must have Trouble; for commonly each Party is Confident of his Strength, his Conduct and his Friends; that let the Sheriff Return never so uprightly, the Party that is Rejected will Revenge it by such, especially if he may Sue at Common-Law, to have boundless Damages, without running any Hazard himself, but of the Loss of his Costs. If we Judges that find our selves Secure from Actions, should not be tender of others, that are in the same Circumstances. It may well be said, Wo unto you, for you impose heavy Burthens upon others, but will not bear the least of them your Selves. 2. My Second Reason is, because it is alieni fori, either to examine the Right of the Election, or Behaviour of the Sheriff; both which are Incident, and indeed the only Considerations that can guide in the Tryal of such Causes, if they be allowed. It is admitted that the Parliament is the only proper Judicature, to determine the Right of Election, and to censure the Behaviour of the Sheriff. How then can the Common-Law Try a Cause, that cannot Determine of those Things, without which the Cause cannot be Try'd? No Action upon the Case will lie for Breach of the Trust, because the Determination of the Principal Thing, the Trust, does not belong to the Common-Law, but to the Court of Chancery: Certainly the Reason of the Case at Bar is Stronger, as the Parliament ought to have more Reverence than the Court of Chancery. They Object that it may be Tryed after the Parliament hath Decided the Election; for then that which the Common-Law could not try is Determined, and the Parliament cannot give the Party the Costs he is put unto. Then I perceive they wou'd have the Determination of the Parliament binding to the Sheriff in the Action, which it cannot be; for that is between other Parties to which the Sheriff is not call'd: It is against the Course of Law, that any Judgment, Decree or Proceeding betwixt other Parties should bind the Interest of, or any way Conclude a Third Person; no more ought it to do here, it may be easy for Parties combining to represent a Case so to the Parliament, that the Right of Election may appear either way as the Parties please. It is fit the Sheriff, who is not admitted to controvert such Determination, should be Concluded by it, in an Action brought against him to make him pay the Reckoning. Did the Parliament believe, when then they Determined this Election, that they pass'd Sentence against the Sheriff, upon which he must pay 800l. Sure if they had imagin'd so they would, nay in Justice they ought to have heard his Defence before they Determin'd it? And yet that was the Measure of this Case, the Sheriff was not heard in Parliament, indeed he was not blam'd there, and yet upon the Tryal which concern'd him so deeply, he was not allow'd to defend himself by any Majority or Equality of Voices, the Parliament having Determin'd the Election. I do not by these Reflections Tax the Law of Injustice, or the Course of Parliament of Inconvenience; I am an Admirer of the Methods of both, it is from the Excellency of them I conclude this Proceeding in this new fangled Action, being Absurd, Unjust and Unreasonable, cannot be Legal. To Answer the other Branch of this Objection, I say it does not follow; that because the Parliament cannot give Costs; therefore this new devised Action must lie to help the Party to them. For then such an Action might as well lie in all Cases, where there is a Wrong to be Remedyed by Course of Law, and no Costs are given for it. At the Common-Law no Costs were given in any Case, and many Cases remain at this Day where the Statutes have given no Costs, as in a Prohibition, Scire facias, and quare impedit , and divers other Cases; and yet no Action will lie to recover those Costs, and why should it lie in the Case at Bar? In this Case the Parliament have already had it under their Consideration in the Statute 23. H. 6 and have appointed what shall be Paid by the Sheriff that offends, viz. 100l. to the Party, 100l. to the King, and Imprisonment; the Parliament have Stated what shall be paid for Compensation, and what for Punishment, and would have provided for Costs if they had thought fit. 3. My Third Reason is, because a Double Return is a lawful Means for the Sheriff to perform his Duty in doubtful Cases. If this be so, then all Aggravations of Falso Malitiose & Scienter will not make the thing Actionable; for whatever a Man may do for his Safety cannot be the Ground of an Action. There is sometimes Damnum absq; Injuria, tho' the thing be done on purpose to bring a Loss upon another, without any Design of Benefit to himself; as if a New House be Erected Contiguous to my Ground, I may Build any thing on purpose to blind the Lights of that New House, and no Action will accrue, tho' the Malice were never so great; much less will it lie where a Man acts for his own Safety. If a Jury will find a Special Verdict; if a Judge will Advise and take time to Consider; if a Bishop will Delay a Patron, and Impannel a Jury to enquire of the Right of Patronage, you cannot bring an Action for these Delays, tho' you suppose it to be done Maliciously, and on purpose to put you to Charges; tho' you suppose it done Scienter, knowing the Law to be clear; for they take but the Liberty the Law has provided for their Safety, and there can be no Demonstration that they have not real Doubts, for they are within their own Breasts: It would be very Mischievous that a Man might not have leave to Doubt without so great Peril. The Course of Parliament makes out the Ground of this Reason to be true in Fact, so that a Double Return is lawful when the Sheriff Doubts; for if the Parliament did not allow a Double Return in Doubtful Cases, they ought never to accept a Double Return: If it were in it self a void and unlawful Return, they ought not to endure it a Moment, but send for the Sheriff and compel him to make a single Return; but we see where there is Doubt, the Parliament sends not for the Sheriff before they have Examin'd the Case, and give particular Directions. And it must of Necessity be the Course, for suppose the Voices are Equal; suppose the Election is Void for Force; Suppose the Sheriff Doubts upon the Validity of some Voices, shall he Transmit his Doubts, specially to the Parliament? Was there ever any such thing done? Was there ever any other way but to make a Double Return, and leave it fairly to the Decision of the Parliament? It was said by my Brother Ellis, that if the Sheriff had Return'd in the Nature of a Special Verdict, the Special Matter, and had concluded in this manner, (viz.) If the Parliament shall Adjudge Sir Samuel Bernardiston to be Chosen, then he Returns him, and if the Parliament shall Adjudge the Lord Huntingtowr to be Chosen, then he Returns him, that such a Return as this had been Safe, and cou'd not have born an Action. This is a pretty Invention found out for Argument sake, but methinks it Furnishes no Force at all to the Part for which it is brought, but rather shews the Right to be the other way; for let any Man of Reason say, whether a Double Return, as it is now used, be not the same thing in Consequence; Is not a Double Return as if the Sheriff should say to the Parliament (the Right of Election is between these Two, I am in Doubt which of them I shall Reject, and expect your Directions) this is the Import of a Double Return, and is the same in Effect, as if it had Concluded in a Special Verdict, and so my Brother Ellis's Instance should not be Actionable tho' he Concluded otherwise. That other new fangled could not be receiv'd. For, 1. The Freeholders would never joyn in such a Return. 2. Such a Return is not capable of being Amended by the Sheriff. But the Judgment of the Parliament must be Enter'd upon Record to make it any Return, it concluding nothing of it self, as a special Verdict concludes, till the Judgment of the Court be Enter'd upon the Roll. 3. The Parliament will not, as I believe, admit of new Devices in the Course of their Proceedings, whatever we do at Law. But the Double Return is Practicable in the Country, for the Freeholders of each Part will Tender their Indentures; and it is easily Amended in Parliament by Rejecting the Indenture of those Freeholders that were not the Major Part, which way has been Practis'd in doubtful Cases for many years. So that I apprehend the Case at Bar to be more regular and favourable, than that Case which my Brother Ellis put as a Case that would not bear an Action. Again; Suppose the Sheriff had inform'd the Parliament of his Doubts, and that he could not readily determine where the Majority was, but it was betwixt two Persons, A. and B. and thereupon desir'd their Favour either to grant him Time to Determine it, if they pleas'd to Command him so to do, or else, that they would Decide it themselves, and he would obey what Directions they should make in it, and thereupon the Parliament had taken upon themselves to determine it. This most clearly had not been Actionable, for it is not Actionable to delay a Return, to any Court of Justice, where the Sheriff hath Leave from the Court so to do. A double Return, in my Understanding speaks the same thing, to the Parliament, and upon it they may either direct the Sheriff to make a single Return, which is to cause him to decide it, or they may do it themselves. And here I must needs reflect upon the second Reason I have against this Action, that the Matter of it is alieni fori; I find my self and my Brothers that Argued for the Action, engag'd in a Discourse of the nature of a double Return, and the Course of Parliament upon it, which, as a Judge I cannot so well speak to; I had the Honour to be of this House of Commons, and whilst I was there, I considered as well as I cou'd the Course of the Proceedings of the House, and am therefore able to speak something of them, and I am brought into this Discourse necessarily by this Action; But I must needs say it is an improper Discourse for Judges, for they know not what is the Course of Parliament, nor the Privilege of Parliament. When the Lords in Parliament, whom they are bound to assist with their Advice, ask the Juges any thing concerning the Course or privilege of Parliament, they have answer'd, that they know them not, nor can advise concerning them. If in Parliament we do not know nor can advise concerning these things, How can we judge people upon them out of Parliament, we ought to know before we judge, and therefore we cannot judge of things we cannot know. Our being engag'd in a Discourse improper for Judges, shews the Action to be improper, as much as any other Argument that can be made, and this Argument arises from my Brothers that argued for the Action. But now I am in this Discourse, I must go a little farther; My Observation from the Course of Parliament has been, that they will not permit the Sheriff to delay his Return, to deliberate, and he cannot take Security of either Party; and if a single Return be not justified by the Committee of Elections, he is danger of the Statute of 23. H. 6. It follows that there is no ways for an innocent Sheriff to be safe, where he conceives Doubt, but in making a double Return, and if that should be Actionable too, the Service of the Parliament would be the most ungrateful Service in the World. It seems ridiculous to me that it should be objected, that this Course of Law is necessary to prevent the great Mischief arising from double Returns, when, as if it be a Mischief, or dislik'd by the Parliament, either in General or any Particular Case; they may Reject them when they please, and Command the Sheriff to make a Single Return; so they may Remedy it by their Practice, without their Legislative Power. Their Practice hitherto hath been to receive Double Returns, which therefore in some Cases must be lawful, and in this very Case the Double Return was accepted, and the Sheriff no way Punish'd for it; which he ought to have been, if he had been Blameable. If Double Returns are accepted by Parliament, they are allow'd, and we must say they are lawful, which is the Ground of my Third Reason; for which I hold this Action not Maintainable, 4. My Fourth Reason is, That there is no Legal Damages occasion'd by the Sheriff. The Damages laid in the Declaration are, 1. Being kept from Sitting in the House. 2. The Pains and Charges he was put unto to get his Admittance into the House. 1. That of his being kept from Siting in the House, is as much every Man's Damage in the whole County, nay in the whole Kingdom; and any Man else might as well have an Action for it as the Member Chosen. To Sit in Parliament is a Service in the Member, for the Benefit of the King and Kingdom; and not for the Profit of the Member. It is a Rule in Law, that no particular Man may bring an Action for a Nusance to the King's High-way; because all the Men in England might as well have Actions which would be Infinite; and therefore such an Offence is Punishable only by Indictment, except there be Special Loss occasion'd by that Nusance. For the same Reason, the Exclusion of a Member from the House being as much Damage to all Men in England as to himself: He nor any Man else can have an Action for it, but it is punishable upon the Publick Score, and not otherwise. For this Reason was the Statute 23. H. 6. wisely consider'd, by that Statute the Action is not given to the Party for his particular Damage; but the Action given is a Popular Action, only the Party Griev'd hath a Preference for Six Months; but if he do not Sue in that time, every Man else is at Liberty to recover the same Sum. 2. The other Point of Damage is the Pains and Charges he was put unto, and that is not occasion'd by the Sheriff, but by the Deliberation of the House. Why should the Sheriff Pay for that? It may be if the Parliament had sent for the Sheriff the first Day, and blam'd the Double Return, he would have ventur'd to Determine the Matter speedily, and there should have been no Cause of Complaint for Delay; but the Parliament saw so much Cause of Doubt, that they think it not fit to put the Sheriff to Determine, but to resolve to examine the Matter, and give him Directions that may guide him in mending his Return; thereupon they give a Day to the Parties on both Sides, and finding the Matter of long Examination, and withal Difficult, they Deliberate upon it. It seems very unreasonable the Sheriff should be made Pay for this, which he did not occasion; but was a Course taken by the Parliament for their own Satisfaction, who found no fault in the Sheriff for putting them to all that Trouble. Suppose Sir Samuel Barnardiston had been Return'd alone, and the Lord Huntingtowr had Petitioned against that Return, there had been the same Charge to have defended that Return; so that it was the Contest of the opposite Party that occasioned the Charge, the Deliberation of the Parliament that occasion'd the Delay; but neither of them can be imputed to the Sheriff. I cannot difference this Case from the Case of bringing an Action against a Jury, for maliciously, knowingly, and on purpose to put the Party to Charges, finding a Matter specially whereby great Delay and great Expences were, before the Party could obtain Judgment; and yet I think no Man will affirm that an Action will lie in this Case. In this Case the Damages are found Entire, so that if both Parts, viz. the not Sitting in the House, and the Pains and Charges are not Actionable Causes of Damages; it will be Intended the Jury gave for both, and so the Judgment is for that Cause Erroneous. I suppose the Wages of Parliament will not be mention'd for Damages, for in most Places they are only Imaginary, being not Demanded; but if there were to be any Consideration of them, it will not alter this Case; for upon this Return they are due as from the First Day, and so no Damage can be pretended upon that Score. 5. My Fifth Reason is drawn from the Statute of 23. H. 6. which has been so often mention'd; that Statute is a great Evidence to me, that no Action lay by the Common-Law against a Sheriff, for a False Return of a Writ of Election to the Parliament; and this Evidence is much strengthned by the Observation that hath been made, that never any Action was brought otherwise than upon that Statute. I must admit, that if an Action lay by the Common-Law, this Statute hath not taken it away, for there are no Negative Words in the Statute; but it is not likely the Parliament would have made that Law, if there had been any Remedy for the Party before. The Statute observes that some Laws had been made before for preventing False Returns, but there was not convenient Remedy for the Party griev'd, and therefore gives him an Action for 100l. If the Courts of Justice had by the Common-Laws Jurisdiction to examine Misdemeanors concerning the Returns of Sheriffs to the Parliament: What needed the Parliament to be so Elaborate to provide Law after Law, to give them Power therein, and at last to the Griev'd an Action? Can any Man imagine but that the Parliament took the Law to be that the Party was without Remedy? I know Preambles of Acts of Parliament are not always Gospel, but it becomes us, I am sure, to have Respect to them, and not to impute any Falsity or Failing to them, especially where constant Usage speaks for them. It has been Objected that in those Times it was Reckon'd a Damage, to be Return'd to serve in Parliament, which is the Reason that no Man then did bring his Action against the Sheriffs for Returning another in his stead. This cannot be true, for the Statute calls him the Party Griev'd, and is Elaborate in providing Convenient Remedy for him; and we see by the many Statutes about those Times, that it was Mischief very frequent, and there wanted no Occasion for those Actions; which does extreamly strengthen the Argument of the Non-User of this pretended Common-Law. An Action upon the Case, where it may be brought, is a Plaister that fits its self for all Times and all Sores; and if such an Action might then have been brought, there was no need for the Parliament to provide a Convenient Remedy. By Littleton's Rule, often mention'd by my Brothers, we may conclude this Action will not lie; for if such an Action had lain, it would have been brought before this time. In the Case of Buckley against Rice Thomas, in Plowden's Commentaries, 118, which appears to be so elaborately Argued both at Bar and Bench; if this Common-Law had been thought upon, they might have prevented the Question, whether the Sheriffs of Wales were bound by the Statute 23. H. 6? It seems plain to me that the Makers of the said Statute were Ignorant of this Common-Law, and yet my Brother Thurland observes the Judges in those Times, usually assisted in the Penning of the Laws. The Judges and Councel in the time of Buckley's Case, were ignorant of this Common-Law, else it would have been mention'd in the Argument of that Case. This Common-Law was never Reveal'd, that I find, until a Time there were divers other orher New Lights: I mean these Times, when Nevil brought an Action for a False Return Reeurn against Stroud, during the late Troubles; but in those Times it could never obtain Judgment. I have heard that the Court of Common-Pleas sent the Record to the Parliament, as a Case too Difficult for the Courts of Common-Law to Determine. The Statute of 23. H. 6. is not only Evidence that no such Action lay at the Common-Law; but in my Opinion is not consistent with any Remedy at the Common-Law, unless it be allow'd that the Party shall be doubly Punished, If the Party Griev'd has brought his Action upon the Statute and recovered, it was admitted by the Councel, that no Action can be brought at the Common-Law, nor E' Contra can he Recover by the Statute, after he has Recovered by the Common-Law, because Nemo bis punitur pro eodem delicto . So far it stands well, but suppose the Party Grieved has let slip his time of Three Months, and then a Third Person bring a Popular Action, and Recovers 100l. upon the Statute, there is nothing can barr the Party Grieved from his Action at the Common-Law, for his Sitting still will not Conclude him; no Statute of Limitations extending to this Case, and if it be so, then must the Party, besides his Fine and Imprisonment, be doubly punished by this Statute; which was made as the Letter of it Imports, because there wanted Convenient Remedy. And now I am Discoursing of this Statute, I must observe the great Wisdom of the Course of Parliament in these Cases, which hath in great Measure prevented the bringing Actions against Sheriffs, even upon this Statute. Where the Sheriff mistakes the Person in his Return, he incurrs the Penalty of 23, H. 6. tho' it be without any Malice; and it may happen that were 21 Electors, and 20 of the other; the Sheriff Returns him that hath 21, and the Parliament adjudging an Incapacity of 2 of the 21, may Determine that he that had the 20 Voices was duly Chosen; in such Case the Sheriff hath made a False Return within the Penalty of the Statute 23. H. 6. and no Evidence shall be given against the Determination of the Parliament. This was a very hard Case for the Sheriff, and if we were lyable to such a Mischief, many a past Sheriff might be awaken'd that takes himself to be secure. But the Course of Parliament prevents this as it is Reason, for immediately upon their Determination, they send for the Sheriff, and cause him to amend his Return; and thence forward the amended Return is the Sheriffs Return, and there is no Record that can Warrant any Action to be brought for a False Return: As when the Marshal of the King's-Bench or Warden of the Fleet have made an Improvident Return, omitting some Causes wherewith the Prisoner stood Charg'd in their Custody, whereby they became lyable to Action; they frequently move the Court to amend the Return, and when the Return is Amended, all is set Right, for there is no Averring against a Record: In like manner, when the Sheriff hath Amended his Return, he is secure from any Action upon that Occasion. By this means there has of late years been no recovery upon the Statute, because all Persons choose rather to compel the Sheriff to amend his Return, that they might be admitted to sit in the House, than to take their Remedy upon the Statute, and no man can recover upon the Statute first, and have afterwards their Return amended, for I have been told, that by the Course of Parliament, unless the Petition be lodg'd within in some few days after the Return, it cannot be received afterwards. So that a Man cannot upon that Statute have Remedy at Law, and also in Parliament which seems to be wisely provided to prevent any Contrariety of Determinations. This Statute of 23. H. 6. furnish'd those that Argued for this Action with one Argument, which doth now vanish; they said that all the Inconveniencies that could be objected to this Action, were the same upon the Statute of 23. H. 6. viz. That upon that Statute the Right Election must be examin'd upon a Tryal, where there might be a Contrariety of Determinations; for it appears by what I have said, that there can be no Contrariety of Determinations. And there are other Inconveniences in the Remedy by the CommonLaw, which are not in the Remedy given by the Statute, the Sum to be recover'd is Limited, the Informer hath a time prefix'd, so that there are Bounds set which cannot be exceeded; but the Remedy by the Common-Law is without Limitation of Time, which is Considerable; for all Sheriffs that ever made any Return, otherwise than the Parliament Determin'd, will be lyable during their whole Lives, to them that will call them to Account for it; I say this is without Limitation of Time, without Measure of Damages, or any Rules contain'd in a Written Law; it depends upon a general Notion of Remedy, which may be enlarged by Construction, as it is now introduced without President. To finish my Observation upon this Statute? I say it is great Wisdom in the Parliament to call the Sheriff to Amend the Return, and to prevent any Remedy upon the Statute 23. H. 6. for I do not see that the Rules of Law, concerning Elections, are so manifestly clear and known that it is fit that the Sheriff should upon all Returns that are Corrected by the Parliament, pay the Reckoning of the Contest. 6. I have a sixth Reason against this Action, which is because the Sheriff is not admitted to take Security to save him harmless in such Cases, I take this Reason to be Instar Omnium, and there needs no other in the Case. It were the most unreasonable and grievous thing in the World, that the Sheriffs should be bound to Act without any Deliberation, and not to be allow'd to take any Security, and yet be liable to an Action which way soever he takes, there is no Course can avoid it, but this of a Double Return, as I have before shewn. It has not been said, by any that Argued the other way, That the Sheriff may take Security; and, I suppose, will not be said, for it would be a dangerous Course for Parliaments, for then the most Litigious Man must be Return'd, and not he which is truly Chosen. If the Sheriff may not take Security, the Law must be his Security. It was an Argument us'd by my Brother Ellis, That because the Law imposes an Officer, to wit, the Sheriff, there the Law must give the Party an Action against that Officer, if he Misdemean himself, the Argument does not hold Universally, for the Law imposes a Judge, and yet no Action lies against him; but the Reason of that Argument, if turn'd the other way, is Irrefragable, as thus: The Law will not suffer the Sheriff to take a Security, therefore the Law must be his Security, else it were a most unreasonable Law; this Reason of it self is sufficient to bear the whole Case, for no Case can be put in our Law where a Man is compell'd to Judge without Deliberation; he cannot take Security, and yet shall be lyable to an Action. I have two more Reasons to add, upon which I lay great Weight, tho' they depend not upon any Particular Circumstances of this Case, but the general Consideration of it. 1. That it is a New Invention. 2. That it Relates to the Parliament. I. As it is a New Invention it ought to be Examin'd very strictly, and have no Allowance of Favour at the End, and it will have the same Fortune that many other Novelties heretofore attempted in our Law, have had. Actions upon the Case have sometimes been revived in new Cases, where it stands with the Rules of Law, and no Inconvenience appears, but they have been more often Rejected: I shall Instance some Cases that have been Rejected, because it will be Manifest by them, that all the Arguments and Positions laid down by my Brothers that would support the Action, are as well applicable to several Cases that have been already rejected, as to the Case at Bar. An Action upon the Case was brought against a Grand Jury-Man, for falsly and maliciously conspiring to Indite another, and adjudged it would not lie. Against a Witness for Testifying falsly and maliciously. Against a Judge for Acting falsly and maliciously, but Adjudged that no Action wou'd lie in those Cases. These Three Instances are applicable to every Argument urg'd for this Action: The Arguments my Brothers made in depressing Falsity and Malice, those which they made from the Comparison of other Actions upon the Case of Minore ad Majus; the Argument that because the Law Imposes the Officer, it will punish the Malice, has the same Force in the Case of a Judge, Indictor or Witness, and yet my Brothers admit in those Cases an Action will not lie, which shews the Invalidity of those Arguments. Now I shall give other Instances, where Actions upon the Case have been Rejected for Novelty, and Reasons of Inconvenience. An action of the Case was brought against the Lord of a Mannor for not admitting a Copy-holder, and it was adjudg'd it would not lie. Cro. Jac. 368. There was a Verdict found, and Damages given by the Jury in that Case, the Lord is compellable in Chancery to admit a Copy-holder, and what harm would it have been, if there might have been a remedy given by the common Law, there being a Custom broken, by which the Lord was bound. The Reasons of the Book are, because it was a Novelty, and it would be vexatious, if every Copy-holder should have an Action against the Lord, when he refused to admit him upon his own Terms. It has been adjudged that an Action upon the Case will not lie for the Breach of a Trust, because the Common Law cannot try what a Trust is; but if such Actions were allow'd, the Law might declare that to be a Trust, which the Court of Chancery, which properly Judges of Trusts, might say is none; and where the Common Law cannot examine the Principal Matter, the Damages that were but dependant upon it shall not be regarded. Anthony Maddison brought an Action against Skipwith, for maliciously killing Sir Tho. Wortley, the Case was thus; The Plaintiff was a young Lawyer that had expended all his Gains in the Purchase of a Rent that was determinable, upon the Death of Sir Tho. Wortley; Skipwith quarrell'd with Sir Thomas Wortley about a Mistress, and kill'd him, whereby Maddison lost his Rent; it was held the Action would not lie, tho' it were laid to be done maliciously, on purpose to determine the Plaintiffs Rent. I observ'd in that Case, that altho' Mr. Maddison knew very well that there was a Mistress in the Case, and that the Rent was not aim'd at; yet he would fain try his Fortune Fortnne in the Suit, thinking, that a Jury perhaps out of Compassion to him, or to discourage the like Facts, might make the Manslayer pay him for his Loss: But the Judges would not suffer it to go on, it being a meer Device and a new fangled Action. It hath been held that an Action will not lie against a Parson for Suing for Tythes in Kind, knowing that there was a Modus, because it might then be perilous for any Parson to insist upon his Right. It was held by the Court of Common-Pleas, that no Action will lie for suing an Attorney, knowing in another Court against his Privilege; for his Means to enjoy his privilege is to claim it by Writ of Privilege; and he is not bound to claim his Privilege, nor can his Adversary know he will claim it. An Action was lately brought in the Kings-Bench (as I have heard) for delaying a Post-Letter maliciously, whereby the Plaintiff wanted Intelligence that might have been of great Advantage to him. The Court discountenanc'd the Action, so that it proceeded no further. It was then said (as I heard) to this effect, That if such Presidents were admitted, there could hardly be any Dealing or Correspondence but might be matter of Actions at Law; and altho' the Case depended upon proof of particular Malice, and the Defendant will be acquitted if his Case be not odious; yet we must consider there, that there is both Charge and Vexation of Mind, that attends the Defence of a just Cause, and we must not subject Men for all their Actions to such Trouble and Hazard. These Instances shew, that altho' an Action upon the Case be esteemed a Catholition, yet when Actions have been apply'd to new Cases, they have always been strictly examin'd, and upon Considerations of Justice or Inconvenience they have been many times rejected. For, tho' the Law advances Remedies, as my Brothers observed, yet it is with Consideration, that Vexation be not more advanced than Remedy. It is my Opinion that no new Device ever was or can be introduced into the Law, but Absurdities and Difficulties arise upon it, which were not foreseen, which makes me Jealous of admitting Novelties. But, 2. In Matters relating to the Parliament (which is my second ground) there is no need of introducing Novelties, for the Parliament can provide new Laws to answer any Mischief that arise, and it ought to be left to them to do it. Especially in a Case of this Nature concerning Elections which the Parliament have already taken care of, and prescrib'd Remedies by the several Statutes that have been made concerning them, I say, in such a Case, there is little need to strain the Law. The Judges in all times have been tender of meddling with Matters relateing to Parliament. I do not find that ever they try'd Elections, but where Statutes give them express Power; or that they ever examin'd the Behaviour of a Sheriff, or any Officer of the Parliament, but upon those Statutes; and in Brounker's Case, Dyer, 168, the Statute was their Rule in the Star-Chamber, and they inflicted the same Punishment that is appointed by that Statute. If we shall allow general Cases (as an Action upon the Case is) to be apply'd to Cases relating to the Parliament, we shall at last invade Privileges of Parliament, and that great Privilege of judging of their own Privileges. Suppose an Action should be brought in time of Prorogation against a Member of Parliament, for that he falsly and maliciously did exhibit a Complaint of Breach of privilege to the Parliament, whereby the Party was sent for in Custody, and lost his Liberty, and was put to great Charges to acquit himself, and was acquitted by the Parliament. If upon such a Case the Jury should find the Defendant guilty, Why should not that Action be maintain'd as well as this at Bar? It may be said for that Action, that the Judgment of the Parliament is follow'd; and the privilege is not try'd at Law, but determin'd. 1. In the House. 2dly, It may be said the Party has no other way to recover his Charges. It should be dangerous to admit such an Action, for then there would be peril in claiming Privilege; for if the Party complain'd of, had the Fortune to be acquitted by the House, the Member that made the Complaint would be at the Mercy of the Jury, as to the point of Malice and Quantity of Damages. Such a President I suppose wou'd not please the Parliament, and yet it may with more Justice be the second Case, than this at the Bar the first. Actions may be brought for giving Parliament Protections wrongfully. Actions may be brought against the Clerk of the Parliament, Serjeant at Armes, and Speaker, for ought I know, for Executing their Offices amiss with Averments of Malice and Damage; and must Judges and Juries determine what they ought to do by their Officers? This is in effect prescribing Rules to the Parliament for them to act by. It cannot be seen whither we shall be drawn, if we meddle with Matters of Parliament in Actions at Law. Therefore in my Judgment the only safety is in those Bounds that are warranted by Acts of Parliament or constant Practice. Suppose this Action had been brought before the Election had been decided in the House, and the Jury had found one Way, and the Parliament had Determin'd contrary, how Inconsistent had this been? But it was said in the King's-Bench, that the Court would not try it before the Parliament had Determin'd the Election, and then that cannot be Contested, but the Judgment of the Parliament must be follow'd; and my Brother Ellis but now said, Surely no Man will be so Indiscreet as to bring such an Action before the Parliament hath Determin'd it, and the Court will not Try it before such time as the Election be Determin'd in a proper Way. In my Opinion this was not rightly consider'd, for how can the Court stay any Suit to expect the Determination of the Parliament? And what Reason or Justice is there, who is no Party call'd to answer in the Parliament should be concluded in any thing by a Judgment between other Parties, to defend himself from a Demand of Damages in a Court of Law, where Witnesses are not Examin'd upon Oath, which they cannot be in the Commons House? There is no Reason the Suit of Law should stay till the House have Determin'd the Election, if the Determination of the House be not Conclusive in that Suit. And for the Discretion of the Parties that are like to bring such Actions I cannot depend upon it; for I see in this Age, some Men will insist upon their private Rights, to the hindrance of Publick Affairs of higher Consequence than any that come before the Courts in Westminster-Hall. It may be there will not want Men that will press us to Judge in such Cases, and not only before the Parliament have Determin'd, but against what the Parliament have Determin'd; and will tell us that the Sheriff was no Party, that Witnesses were not there Examin'd upon Oath, and produce Arguments from Antiquity which we shall be loath to Judge of. I can see no other way to avoid Consequences derogatory to the Honour of the Parliament, but to reject the Action; and all others that shall relate either to the Proceedings or Privilege of Parliament, as our Predecessors have done. For if we shall admit general Remedies in Matters relating to the Parliament, we must set bounds how far they shall go, which is a dangerous Province, for if we Err, Privilege of Parliament will be invaded, which we ought not any way to endamage. This I speak of general Remedies: Now I will consider this particular Case, which in my Opinion, would bring Danger and Dishonour to the Parliament. It is Dishonourable to the Parliament that there should be not Protection in their Service; I have shewn that the Sheriff can be safe in no Case, if he shall be Sued in such a Case as this: And can there be a greater Reproach than that there is no safety in their Service? No body can serve them cheerfully and willingly at that Rate. It has been objected that the Sheriff is not their Officer, but is the Officer of the Court of Chancery, which sends forth the Writs and receives the Returns. The Argument is plausible, but will not pass in the Parliament; for they say the Court of Chancery is the Repository for their Writs, but will not allow them to Issue without Warrant from the House: They will not suffer the Court of Chancery to meddle with the Returns or the Sheriff. The Parliament sends immediate Order to the Sheriff, if the Return be too slow, they direct the Sheriff to Amend his Return, and they punish the Sheriff where they find him faulty; so that it appears they exercise an immediate Jurisdiction over the Sheriff. And I suppose they would Judge it very False Doctrine for us to (nor indeed can we any way) meddle with the Returns or the Officer. Admitting the Sheriff to act in Returns as the Officer of the Parliament; It concerns them that he should be lyable to no other Punishment but what they Inflict, otherwise they cannot expect to be obey'd. To have others Judge when their Servants do well, will be to have others give Rules to their Servants and Service, which they will think Inconvenient. Let it be considered how hard a Task Sheriffs have in their Elections of Knights to the Parliament: The Appearance commonly is very Numerous, the Parties Contesting very Violent, the Proceeding Tumultuous, the Polling sometimes is at several Places at once; so that the Sheriff can hardly be a Witness of the Action, and if the Dispute be in the House of Commons he is no Party to it. If after all this the Sheriff, who cannot indemnify himself by Security, shall be lyable to an Action, the Service of the Parliament may be reckon'd a miserable Slavery; which is not for their Honour. As this is Dishonourable, so it is Dangerous to Parliaments; it concerns the Kingdom that Returns to the Parliament should be upright and impartial, and that they may be so, the Sheriff should be secure from all Fears. Judges are not lyable to Actions, that they may Proceed uprightly and impartially; if they were subject to Suits for their Judgments, there is that earnestness and confidence on both sides, that one side would be dissatisfy'd and trouble them, and they could not discharge their Duty without Apprehensions of Disquiet. If the Sheriff be dispos'd to Actions thus, let us consider what and whom he is to fear: He may fear the Suit of the Party, and he may fear the Suit of the King. It follows necessarily that if an Action lies, an Information, for the King will also lie for the Misdemeanor of his Office, if it be not a Case privileged by the Complexion of it, as Parliamentary from being Examin'd in Westminster-Hall, but that he may be punish'd at the Suit of the Party, he may certainly as well be punish'd at the Suit of the King, If so, where is the Sheriff's Security? Will his own Innocence secure him? That will be Try'd by a Jury of the County where the Parliament sits; who are, it may be, Strangers to him as well as to the Matter, or by a Jury of the Country where the Election was; where, it may be, they will be of an opposite Party, the Plaintiff may wait his opportunity opportnnity , and question him Twenty Years after: and if he be Condemn'd his Punishment is unlimited, a Fine may be set any height for the King, and Damages may be given to any Value for the Party: Where is his Security upon such Proceedings? Will he not be more afraid of such Punishment out of Parliament than of any Punishment in Parliament? Will not, nay may not his Terror make him desire to please them that can punish him out of Parliament, rather than to do Right? Will not that be dangerous to the Constitution of Parliaments? As the Punishment out of Parliament may be a Punishment to those who mean well, so colourable Punishments may be as mischievous on the other side; for they may prevent any Punishment, for Nemo bis punitur pro eodem dilicto, they may serve for Protection of Men that do it: When it is seriously weigh'd of what Consequence this may be, the Case at Bar will not be thought a Case fit to be receiv'd by the Judges without the Countenance of Law. They object here is Malice found by the Verdict, and that there is no Danger or Inconvenience that accrews by reason Malice, but ought to be Punish'd. This Objection fortifyes my Opinion; for Malice, upon which they would have the Scales turn in this Case is not a thing Demonstrative, but Interpretative, and lies in Opinion, so that it may give an Handle to any Man to punish another by. The Instance of this very Case shews, that a good Man may reasonably be afraid of the Event of his Defence in such a Case. For altho' the Matter was of great Examination in Parliament, and at last decided but by few Voices, and no observation of the Sheriffs Miscarriage there, tho' it appear'd upon the Tryal (which I may say being present there) that the Sheriff was guided by the Advice of his Friends, of Council and of Parliament Men, that told him the only safe Course was to make a double Return, yet the Jury Condemn'd him to pay 800l. against the Expectation of the Court; for the Judges that were present at the Tryal did all declare publickly that they would not have given that Verdict. The Jury heard all the Evidence the Jury could go upon, for being of a remote County to the place of Election; the Jury could know nothing of their own knowledge, and yet the Judges concurr'd not with the Jury in their Opinion. I know we are not to examine the Truth of the Verdict, we must take it for Gospel, neither do any Partiality in this particular lead me in Judgment; but I shew it as an Instance that Malice is not demonstrative; Mens Minds may be mistaken, and Innocent Men may therefore have reason to be afraid, especially in Ill Times, and may use such Means for their Safety as may not be convenient for Parliaments. But there can be Danger or Inconvenience in the Censure of the Parliament that represents the whole Kingdom, who hitherto have alone exercis'd this Power, and who may at any time Reform the Law, if the present Practice be any way Inconvenient. Upon these Reasons which I have produc'd I ground my Opinion; Now it will be necessary to weigh what hath been said in Opposition to it. The Arguments urg'd on the other side, related either to the Ingredients or Circumstances of this Action, or to the Foundation or Substance of it. I call the Ingredients and Circumstances of the Action, that it is laid with these Words; Falso, Malitiose, Deceptive, Scienter, And that there is a Verdict in this Case, and are Damages found. The words Falso, Malitiose, & Deceptive, will sometimes make a Thing Actionable, which is not so in it self, without Malice prov'd, tho' there be the same Damage to the Party. As where a Man causes another to be falsly Indicted, yet if it be not Malitiose, no Action lies, tho' there be the same Trouble, Charge and Damage in one Case as the other. But it is only where a Man is a voluntary Agent, for if a Man be Compellable to act, you cannot molest him upon any Averment of Malice; as if a Grand Jury-Man causes another to be Indicted, tho' you aver Malice, you cannot have an Action against him; so for a Witness that doth testify, or a Judge that judgeth. In the Case at Bar, the Sheriff is Compellable to act, and not barely as a Minister to send the Indenture; but as a Judge to say which is the Major Part; and if he mistakes, there is no reason it should subject him to an Action upon an Artificial Averment of Malice. I remember in Shepherd and Wakeman's Case in the Kings-Bench, Mr. Justice Windham said well, that the words Falso & Malitiose were grown words of course, and put into every Action; so that to his knowledge Juries many times had no regard to them, that he look'd upon them as Words of Form. If we should make the words Falso & Malitiose support an Action without a fit Subject Matter, all the Actions of Mankind would be liable to Suit and Vexation, they that have the Cooking (as we call it) of Declarations in Actions of the Case, if they be skilful in their Art, will be sure to put in the words Falso & Malitiose , let the Case be what it will they are here Pepper and Vinegar in a Cook's hand, that help to make Sawce for any Meat, but will not make a Dish of themselves. Falso & Malitiose will not enable an Action against a Judge. Nor against an Indictor or Witness, nor where words are not Actionable, tho' the Plaintiff hath a Verdict and Damages found, nor for a Breach of Trust, which is alieni fori. The reason of every one of these Cases holds in the Case at Bar. Therefore it ought to have the same Resolution. As to the word Scienter, it hath weight sometimes, as if an Action be brought for keeping a Dog that Worried others Sheep, Sciens Canem ad mordend' Oves cousuetud. or for detaining the Servant or Wife of another; Scienter in these Cases, if the Defendant hath been told that the Dog did worry Sheep, or that it was the Servant or Wife of another, tho' it may be he did not believe it, yet it was Scienter , for the word implies no more than having Notice; and in those Actions he must inform himself at his peril, and may if he doubts, avoid Danger, by putting away those things which give Offence. But in this Case he could receive Information by none, and is not to believe or disbelieve any body, but is bound to judge of the thing himself, and to act according to his Judgment, so that no proof could be made of the Scienter , for one side tells him the Election was one way, and the other side tells him it is the other way, but he being present to the whole Action, must follow the Dictates of his own Judgment; Hence it appears Scienter in this Case is an empty word, not referring to Notice of a Fact, but of Matter to Judgment, which cannot any way be prov'd. It has been often urg'd that this Case is stronger by being after a Verdict and Damages found by the Jury, and it has been said that perhaps upon a Demurrer, it might have been found more doubtful. The Case is the same to me upon a Verdict that it should have been upon a general Demurrer, and no stronger, for a Demurrer is the Confession of the Party of all that can be prov'd, or can possibly be found upon that Declaration. It is my Lord Coke's Advice in Cromwell's Case, 4th part. 14 a. never to Demur to a Declaration, if there be any hopes of the Matter of Fact; for the Matter in Law will as well serve after a Verdict, as upon Demurrer. The finding the Plaintiff's Damages adds no strength to the Case, for we see every day upon Actions for Words, tho' the Jury find the Defendant guilty for speaking Words Falso & Malitiose, and find it to be to the Plaintiffs great Damages, yet if the words are not such as will bear an Action, the Court stays Judgment; and if Judgment happen to be given, it is reversable for Error, which shews that the finding Damages by the Jury cannot make an Action better than if it were to be adjudged upon Demurrer. I shall now consider what hath been said to maintain this Action upon the Main Substance and Foundation of it. They say this is a Case within the general Reason of the Common Law, for here is Malice, Falsity and Damage, and where they concur, there ought to be Remedy. And altho' this be a new Case, yet it ought not for that Reason to be rejected, for other kind of Actions have been newly introduc'd, and this is fit to be entertain'd as any. My Brothers that argued even now for the Action shew'd great Learning and great Pains, and certainly have said all that can be invented in support of this Case, but as far as I could perceive, they have spoken upon general Notions to that purpose I just now mention'd: but nothing that I could observe applicable to the Reasons and Differences I go upon. As for the Rule they go upon, that where Falsity, Malice and Damage do concur, there must be Remedy; I confess it is true generally, but not universally, for it holds not in the Case of a Judge, nor an Indictor, nor a Witness, nor of Words that import not legal Slander, tho' they are found to bring Damage, as I have shewn before. And the Reasons that exempt these Cases from the general Rule have the same force in the Case at Bar. I must confess the Judges have sometimes entertain'd new kinds of Actions, but it was upon great Deliberation, and with great Discretion, where a general Convenience requir'd it. If Slade's Case were new (for my Brother Thurland truly it was said in that Case, that there were infinite Numbers of Presidents) that Case imported the Common Course of Justice. Actions for Words that are said to be new, tho' they have been us'd some hundreds of years, are a necessary Means to preserve the Peace of the Kingdom. The Case of Smith and Craschaw, Cro. Car. 15. was a Case of general Concern, being that Prosecutions for Treasons may be against any Man and at any time. But in the Case at Bar, neither the Peace of the Kingdom nor the Course of Justice is concern'd in general, but only the Administration of Officers of the Parliament in the Execution of Parliamentary Writs, and can never happen but in time of Parliament, and must of Necessity fall under the Notice of the Parliament; so that if the Law were Deficient it is to be presum'd the Parliament wou'd take care to supply it: Discretion requires us rather to that, than to introduce new Presidents upon such general Notions that cannot govern the Course of Parliament. My Brother Atkyns said the Common-Law comply'd with the Genius of the Nation, I do not understand the Argument; Does the Common-Law change? Are we to Judge of the Changes of the Genius of the Nation? Whither may general Notions carry us at this Rate? For my own part I think, tho' the Common-Law be not Written, yet it is certain and not Arbitrary; We are Sworn to observe the Laws as they are, and I see not how we can Change them by our Judgments; and as for the Genius of the Nation, it will be best considered by the Parliament, who have Power of the Laws, and may bring us to a Complyance with it. In the Case at Bar I look upon the Sheriff as a particular Officer of the Parliament, for the managing Elections, and as if he were not Sheriff: I look upon the Writ as if it were an Order of Parliament, and had not the Name of a Writ; I look upon the Course of Parliament, which we pretend not to know, to be incident to the Consideration of it; so that it stands not upon the General Notion of Remedy in the common Course of Justice. The Arguments of the falling of the value of Money, whereby the Penalty of 100l. provided by the 23. H. 6. is become inconsiderable, and the increase of the Estimation of being a Member of Parliament, if they were true, are Arguments to the Parliament to change the Law by increasing the Penalty, but we cannot do it. My Brother Maynard in his Argument wou'd embolden us, telling us we are not to think the Case too hard for us, because of the Name of Course of Parliament, for Judges have punish'd Absentees: They may Determine what is a Parliament, what is an Act of Parliament, how long an Ordinance of Parliament shall continue, and may punish Tresspasses done in the very Parliament. I will not dispute the Truth of what he said in this, but if his Arguments were Artificial, he might have spared them; for they have no manner of effect to draw me beyond my Sphere. I will not be afraid to determine any thing that I think proper for to judge, but seeing I cannot find the Courts of Justice have at any time medled with Cases of this Nature, but upon express Power given them by Acts of Parliament, I cannot consent to this President, I am confident when there is need, the Parliament will discern it, and make Laws to enlarge our Power, so far as they shall think convenient. I see no harm that Sheriffs in the mean time should be safe from this new devis'd Action, which they call the Common Law; if they misdemean themselves, they are answerable to the Parliament, whose Officers they be, or may be punish'd by the Statute made for Regulating Elections. It is time for me to conclude: which I shall do by repeating the Opinion I at first deliver'd, (viz.) That this Judgment is not warranted by the Rules of Law; That this Judgment is not warranted by the Rules of Law; That this Judgment is not warranted by the Rules of Law, That it introduceth novelty of Dangerous Consequence, and therefore ought to be Revers'd. Note, The Lord Chief Justice Vaughan and Lord Chief Baron Turner, both deceas'd, who in their Lives were Eminent Members of Parliament, were of the same Opinion; And the Judgment was accordingly Revers'd.

Law

THE Argument, &c.

An argument of a learned judge in the Exchequer-Chamber upon a writ of error [...]

LawB1715

I. G. D. without the Knowledge and Consent of his Father (then alive, but accounted not of sound Judgment) was, at the Age of Fifteen, by the Procurement and Persuasion of those in whose Keeping he was, Marry'd, according to the Church Form, to M. F. of the Age of Thirteen. II. This young Couple was put to Bed, in the Day time, according to Custom, and continu'd there a little while, but in the Presence of the Company, who all testify they touched not one the other; and after that, they came together no more; the young Gentleman going immediately Abroad, the young Woman continuing with her Parents. III. G. D. after Three or Four Years Travel, return'd home to England, and being sollicited to live with his lawful Wife, refus'd it, and frequently and publickly declar'd he never would compleat the Marriage. IV. Fourteen Years have pass'd since this Marriage-Ceremony was perform'd; and each party having (as is natural to think) contracted an incurable Aversion to each the other, is very desirous to be set at liberty; and accordingly Application is made to the Legislative Power, to dissolve this Marriage, and to give each Party leave, if they think fit, to Marry elsewhere. The Reasons against such Dissolution, are, First, That each Party was Consenting to the Marriage, and was Old enough to give such Consent, according to the known Laws of the Kingdom; the Male being Fifteen Years Old, the Female Thirteen; whereas the Years of Consent are, by Law, Fourteen and Twelve. Secondly, They were actually Marry'd according to the Form prescrib'd by the Church of England; the Minister pronouncing those solemn Words us'd by our Saviour, Those whom God has joyn'd let no Man put asunder. They are therefore Men and Wife both by the Laws of God and of the Land; and since nothing but Adultery can dissolve a Marriage, and no Adultery is pretended here, the Marriage continues indissoluble. My Lords, I Intreat You to favour me whilst I speak a few Words to the Bill that is now brought before You, notwithstanding what I hear whisper'd about by the People that stand near me, that this is a Matter proper to the Clergy, and that we are to acquiesce in the Judgment and Opinion of my Lords the Bishops, who are agreed that such a Marriage as this is not to be dissolv'd. My Lords, the Bishops themselves are (under favour) not agreed upon this Matter, altho' the Majority of the present Ones is, as I hear, against the Dissolution of this Marriage: But were they all here and all Unanimous in the Point, would that be a binding Argument? I am a little asham'd to hear Laymen say that Cases of this Nature fall not properly under their Cognizance and Consideration, but are to be decided by the Clergy only. There are no such Difficulties in the Case before us, as I apprehend it; 'tis what we may all of us understand, and, I believe, we most of us do: And to defer and yield intirely to Authority where we are able to hear Reason and to Judge, is a Submission that is no more due, than, I dare say, it is expected by that Venerable Bench. I will therefore, with your Lordships Indulgence, speak my Mind in this Matter freely. I hear it is said, my Lords, that a Marriage that was once good and valid, is for ever after that indissoluble, unless in the Case of Adultery. I wonder, by the way, how they came to except the Case of Adultery; for tho' our blessed Saviour has excepted the Case of Adultery, yet the Stream of Authority, the Generality of those Great Men, whom we call the Fathers of the Latin Church, together with the Rabble of School-men and Commentators, have almost all to a Man, deny'd the Innocent Party the liberty of Marrying again, altho' divorc'd from an Adulterous Partner; and I would fain know how much a Divorce is worth, above Six-pence, without leave to Marry again, if the injur'd Party pleases? But I only mention this, to let your Lordships see, whither the Reverence of Authority alone, and Great Names, may carry those who will be led tamely by them, and will not use the Reason and good Sense which God has given them. I ask your Lordships Pardon for this Digression, and come to the Point. A Marriage, we are told, is good, where the Parties concern'd were at Age and liberty to Consent, and actually Consented, and were actually Marry'd by the Form prescrib'd in the Book of Common-Prayer. And such a Marriage, we are also told, is indissoluble by the Law of God. I will not waste the least of your Lordships Time in needless Cavils, but take it for granted, that the Man now concern'd was Fifteen Years of Age, and the Woman Thirteen, which are Years of Consent by the Laws of the Land: And that they were actually Marry'd by the prescrib'd Form. But I deny that the Marriage is therefore indissoluble by the Legislative Power of the Land, and that for many Reasons. My Lords, The Years of Consent are not fix'd to Fourteen or Twelve either by Nature, Reason, or any Law of God; but purely and meerly by the positive Laws of the Land, which may change them to Morrow; and if they were chang'd to Day, no Man in England would, I dare affirm it, be dissatisfy'd; it seems so senseless and unreasonable to give our Children the Power of disposing of their Persons for ever, at an Age when we will not let them dispose of Five Shillings, without Direction and Advice. But I insist not upon that at present, the Law is already made, and I consider it as such; but still it is but a Human Law, and the same Power which determines it to bind in the general, may, if it seem fitting, determine it not to bind in this or any such particular Case; and that without Offence either to God or Man. The Laws indeed must fix upon a certain Time, or otherwise the Subject will want Direction, and a Rule to go by. And let us take it for granted now, that the Time fix'd by the Laws is a reasonable and fitting Time for 99 People in a Hundred; yet if the Hundredth Person be aggrieved to Death, or worse than Death, by such a Law, what is the Impediment, what the Danger, what the Mischief, of declaring the Hundredth Person not to be bound by that Law? If it were possible for Human Wisdom to foresee all the Inconveniences and Mischiefs that can arise, would not the Legislative Power provide a Remedy for all? Would it not make its Rules as comprehensive as it could, so that they might comprize and take in all Cases and Persons possible? But this we find was never done, nor ever will be done: No Foresight is sufficient for all Accidents. But there is Room for After-thought; and a Power to Cure the Evils which it could not prevent, because it could not foresee, is lodged in every Government. 'Tis to that Power we have now recourse: We pray Relief against a Law, which however just and fitting it may be thought in itself, and beneficial to Others, binds Us to nothing but Misery; and truly kills, according to the Letter. The Man and Woman were at Age, according to the Law, but wanted that Maturity and Forwardness of Age, which the Law supposes and requires in People of Twelve and Fourteen, when it makes them capable of Marrying at those Years. They gave Consent indeed with their Tongues, and pronounc'd the solemn Words, by which they mutually deliver'd up themselves each to the other, that is, they did as they were bid to do, and said just as the Parents and Priest commanded them to say. But where was the Consent of Heart? Where was the Knowledge and Understanding that is requisite to the forming a Resolution of this nature, and to the making such a solemn Contract? My Lords, the Children were entirely passive in the Matter, and very obedient to the Orders of those that govern'd them; and would have given away their Fortunes and their Liberties, and every thing they had, had they been bid to do so, in the same manner. I may affirm, because I have taken great Pains to be inform'd of the Truth, that this young Couple came together to Contract, and to Consent to Marriage, without so much as the Desire or Appetite of being Marry'd; without so much as knowing what it was they were to Bargain and Contract for: They consented to give the Use and the Dominion of their Bodies each to the other, as long as they both should live, without so much as understanding what they meant when they said so; without so much as an Ability of making good their Promises and Engagements. This, my Lords, is the Consent this Couple of young and thoughtless Creatures gave; and this Consent the Church, it seems, insists upon. The solemn Promise was pronounc'd in solemn manner by the Priest, and the Children were bid to say after him, and said after him, and then the Knot was ty'd, that nothing can loose but Death. Is there any thing in the World so like a Charm as this? My Lords, there is not any Contract in the World but may be utterly dissolv'd, by the free Consent of Parties, if without Prejudice to any Third. I like a Horse that is in any Man's Possession, and he likes the Price I offer for it; we thereupon agree, and pass our Words each to the other: His Promise then gives me a Right to the Horse, and my Promise gives him a Right to the Price agreed upon. But in a little time we each of us bethink ourselves, and each dislikes the Bargain he has made, and each agrees to set the other at his liberty: I have not us'd your Horse, nor have you gotten my Money. Here the Contract is utterly dissolv'd by the Consent of Parties, and no third Man is hurt thereby. Will any Man say that we have done amiss? Will any one say that we have so much as broken our Word each to the other? The Word I gave to him was to secure his Bargain; the Word he gave to me was to secure me mine. If he dislikes the Bargain, he gives me (as it were) my Word again; and so do I to him; and then we are again at liberty. My Lords, If we should carry the Matter farther yet, and to secure the Bargain we seem at first so fond of, should give our Oath to each the other, in Presence of a great Company, and with what Solemnity besides you will, yet I affirm, (and so do all the Casuists in the World, as I am told by those who know) I say, my Lords, that I affirm, that if in this Case, after this solemn Oath, we should both of us freely consent to break this Agreement off, and no Body else be hurt thereby, we should neither of us be guilty of Perjury, or Breach of Oath. Our Oaths were given to each the other, to secure the Promises that were made; and if we, each of us, see reason to consent, and freely do consent, to release each other of his Promise, the Oath can lay no farther Obligation on us. I promised, and I swore I would perform that Promise to him; he did the same to me; but neither of us, after some time, car'd, or requir'd, to have such Promise made good to him; our Oaths must therefore follow the Nature of our Promises; and when the Promise is releas'd, the Oath is so also. It may be we both of us did amiss in calling God to Witness (as in an Oath Men are presum'd to do) in an Affair of so light Moment; I will not dispute that now, but I maintain that such an Oath obliges not, if the Promise, for whose Security the Oath was given, be mutually releas'd, and no Body hurt thereby. My Lords, I appeal to those who understand these Matters whether what I say be not true. Whence is it then, that the Marriage-Contract should be indissoluble, when all other Contracts, tho' confirm'd with solemn Oaths, may be dissolv'd, if the contracting Persons agree to such a Dissolution, and no Third Person suffers by it? How comes a Promise of this Nature to differ from all other Promises whatever? Oh, say the Popish Casuists, it is because this same Matrimony is a great Sacrament. No, say the Protestant Divines with us, it is no Sacrament, but it is the Ordinance of God, instituted in Paradice, in the Time of Man's Innocence and signifies to us the mystical Union that is betwixt Christ and his Church; and the Promise is made with all Solemnity, in the Presence of God, in the Church, before the Priest and all the Company, and confirm'd with the Words of Christ: And therefore a Consent and Promise made in such a solemn manner can never be retracted or dissolv'd. My Lords, I intend not to say one Word against the Dignity of Marriage. But I do not think that the Solemnity of Words, of Place, and Company, in which a Contract is made, adds any Strength or Virtue to such Contract, or makes it more Obliging. A Man indeed will certainly be more asham'd to break a Promise made at Church, and before a great Company, than he will be to break such a Promise made to his Friend alone, at his own House. But is he more oblig'd in Conscience to keep his publick Promise than his private one? Will any honest Man say that? The Obligation therefore does not arise from the Solemnity of Words and Place, and Company, but from the free and voluntary Promise which a Man makes, and the Right he thereby gives to another. The Scandal also and Offence that is given and taken by a Breach of Promise, made in solemn manner, is indeed greater, than is occasion'd by the Breach of a Promise made in private: But the reason of that is, because more People know of it; for if the same People were assur'd that such a Promise was indeed made, altho' in private, they would as certainly condemn the Breach of it, as they would, had it been made before them all; and they would be as much scandaliz'd at such a Breach, as if they had been Witnesses to the making the Promise: Which is a Proof that a Man's Obligation to keep his Promise arises from his having freely made it, and not from his having made it in such a Place, and before such a Company, and in such a particular Form of Words. The first Marriage that ever was made, was made without any Words at all, that we know of, expressing their Consent; and it was so Clandestine, that there was not so much as a mortal Man by, no not a Priest to joyn them together: But God who made them, brought the Woman to the Man, and instructed them by Reason and natural Principles, that they were made each for the other. There was Consent of Heart, and Union of Affections. But I insist not upon the Example; it is too singular to be a Rule. Years of Age are necessary; and Consent, in express Words, mutually given and taken, is necessary to make a Marriage-Contract good and valid. This is the Ordinance of God, this is of divine Appointment, that one Man and one Woman should freely and knowingly give Consent to be each others, to all the Ends and Purposes of Matrimony, as long as they both should live, and should not be allow'd to give themselves to any ones Use besides. And all that Christ added (if indeed he added any thing, or did any more than revive it) to this original Institution was, That when either of the Parties brake their Contract by Adultery, the innocent Party was at liberty to seperate from the faulty One, and Marry another, if it were thought fitting. Since therefore all that is absolutely necessary to the making a MarriageContract, is, that a Male and Female, who are at Age, and liberty to Consent, should actually Consent to give the Use and Dominion each of their Bodies, to the other; and, exclusive of all others, to live together faithfully till Death parted them: Since this is so, I do affirm, that Caius and Caia, two Heathens, giving their Consent, in the Manner abovemention'd, in their Father's Parlour, are Man and Wife according to God's Ordinance; their Marriage is as true, as good, and as innocent a Marriage, in the Sight of God, as the Marriage of a Jew and Jewess, tho' both in Covenant with God, made before the High-Priest himself, with all the Ceremonies you can imagine, and in what Form of Words you will, before a hundred Witnesses, and at the Altar in the Temple of Jerusalem. I am, my Lords, so satisfy'd of the Truth of what I say, that I go on to say, with all Assurance, that the Marriage-Contract of this Caius and Caia was as good, as binding, and as innocent as the Marriage-Contract of any Lord in this Assembly, tho' Solemniz'd in the Church of St. Paul's, according to the establish'd Form in the Common-Prayer, by his Grace my Lord Archbishop of Canterbury himself, repeating those most sacred Words of Christ, Those whom God has joyn'd, let no Man put asunder. And I averr, That God did as surely joyn Caius and Caia, when they Consented to become Husband and Wife for Life, as he has joyn'd any Couple else for these Seventeen hundred and fifteen Years. So that I hope, my Lords, you will not suffer your Eyes to be dazl'd with the Pomp and Glitter of great Words, and awful Sounds, which fly before good Sense, and vanish when you come to look into the Reason of Things. Caius and Caia must express their Consent in Words and Signs appointed by the Laws of their Country; and must be Married by the Persons set apart for such Service, according to the Rites and Ceremonies of their Religion: So must the Jewish Pair, according to theirs; and so must Christians also. But there is something common to them all; and that in which they all unite must needs be that which makes the MarriageContract valid and obliging. And what is that, but that a Male and Female should be at Age to Consent, and at Liberty to Consent, and should actually Consent, to give to each the other the Use and Dominion of each others Body, exclusively to all the World besides, as long as they both shall live? This is properly the Marriage-Contract, and common to all Nations and Religions; and all beyond this, is Matter of Ceremony, Decency and Prudence; and order'd by the Legislative Powers of different Countries, as they see convenient. And I do not so much as pretend to dispute the Force and Obligation of these Laws, to such as are subject to these different Powers: They are, and may, and must be binding as to the Dowries of the Wives, and the Legitimation of Children, and their inheriting Estates and Honours, and in all such like Cases. My Lords, so much has been said in favour of the Solemnity of Words, of Place, and Persons, which are, in truth, but Circumstances to a Marriage-Contract, that it has made me spend so much of your time, to try to lay aside that Prejudice, and to consider the present Contract in itself. We were not of Age sufficient for Consent, altho' we were of Age according to the Letter of the Law. We gave our Consent to be Marry'd, but it was not the Consent of Understanding, for we knew not what it was that Marriage meant. We repeated very solemn Words, after the Priest, as we were bidden; but it was but the Labour of the Lips, the Heart did not, the Heart indeed could not go along with them: For whether we take the Heart for Knowledge, or Desire, there was no Heart concern'd in all this Matter: We neither of us knew the Nature of the Contract we were making; we neither of us had so much as the Desire of doing what that Contract both supposes and requires. And now, my Lords, we humbly hope you will not let us be at Age, only to do ourselves irreparable Mischief; nor call that a Consent, which is to compleat our Ruine, and which can serve no other End. We do not deny ourselves to have been at legal Age; we do not deny that we have given a verbal Consent; but we deny ourselves to have been at Years of Understanding, to give such a Consent as is reasonable and fitting in a Matter of such Importance. And we appeal to your Lordships Equity, whether this Age and this Consent shall stand good to our Undoing, and to the Advantage of no Creature in the World besides: For who, my Lords, will be the worse for setting us at Liberty, or who will be the better for our being Bound? I am exceedingly sensible, that I have trespass'd much upon your Lordships Patience, but I am bound in Justice and in Conscience to beg a little more of it, to speak a Word or two to the last Part of the Objection, That since the Parties before you, in Petition, are Man and Wife both by the Laws of God and of the Land; and since by the Laws of God nothing but Adultery can dissolve a Marriage, and no Adultery is pretended here, the Marriage of Consequence continues indissoluble. To save your Lordships Time, I will grant every thing that can be granted; I grant, that by the Laws of God, nothing can dissolve a compleat Marriage but Adultery; and I grant, that no Adultery is pretended in the Case; but I deny that this Marriage before you, is therefore indissoluble, because I must and do deny the Marriage before you to be a compleat Marriage, by the Laws of God: And, I hope, with your Lordships Favour and Indulgence, to shew it is not a compleat Marriage, because it never was consummated. The Love and the Desire that Men and Women have each of the other, is what is implanted in the Hearts of all of them, by God himself who made them; and is therefore as innocent an Appetite as any else they have; and it has (as every other Appetite) its proper Satisfaction provided for it by the good Creator: And when it fixes on its proper Object, is satisfy'd as innocently, as the Desire of Meat, or Drink, or Sleep can be. Marriage, my Lords, is fixing the Desire upon its proper Object: And this Desire is never to be satisfy'd with Innocence, but in the Marriage-Bed. The End of Marriage therefore is the Satisfaction of this Appetite. This is the End and Purpose of God in making them Male and Female; this is the Way, the only Way, of their becoming one Flesh: And therefore till the End is answer'd, where it can be answer'd, Marriage is not perfect and compleat. God cannot properly be said to have joyn'd those together, who never joyn'd themselves together, in the natural Way, of his Appointment: And therefore, under favour, 'tis a great Misapplication of those sacred Words, to the Case before us, where the two Parties never came together, in the Sense intended by those Words. What can be plainer than this Proposition? The End of Marriage, by God's Institution, is, that two should become one Flesh. The Two before you in the Bill were never yet One Flesh. Your Lordships will make this Conclusion, Those whom God has joyn'd let no Man put asunder. The Two before you in the Bill were never yet conjoyn'd by God, in the true Meaning of those Words; they may therefore as yet be put asunder by Men; as I hope they will by your Lordships. My Lords, the Easiness of granting a Divorce in Cases of Impotence is a good Proof that Marriage is not compleat and perfect where the Ends of it are not to be obtain'd; nay, 'tis a Proof that it was no Marriage, but a Nullity from the beginning, altho' the Parties were at full Age, altho' they gave a free Consent, and were Marry'd with all Formalities; altho' the Priest pronounc'd them Man and Wife in the Name of the Father, Son and Holy Ghost, and said those sacred Words over their Heads, Those whom God has joyn'd let no Man put asunder, they were not Man and Wife, because they could not become one Flesh: They were not joyn'd by God, because they could not joyn themselves together. Your Lordships will consider therefore whether a Marriage not consummated (nor ever like to be consummated) be a compleat Marriage in God's Sight; so compleat, I mean, as to be indissoluble. I shall be told, I know, that in the Case before us, there is now no defect of Power, no Impotence or Inability to compleat the Marriage pretended, but want of Will. I own it, and I only use the Instance to shew that a Marriage not consummated, is not indissoluble by the Laws of God; and that an utter Aversion to the Consummation of Marriage, in both Parties, is as good a Reason for a Divorce, as an Inability in one Party, which never fails of procuring a Divorce. In the one Case, the Parties are each of them untouch'd, pure and unsully'd even in Thought; whilst in the other, there must pass such Things, as I have neither Will nor Leave to mention; and yet a Divorce follows of course. My Lords, if ever we had come together in this manner, I had not had one Word to reply on this Occasion; all I have said of our want of Age would have signify'd nothing; all I have said of our giving no Consent had been said to no purpose; had Consummation follow'd any time within these fourteen Years, we must not have appear'd in this Place. But when, to our want of Age, and want of Knowledge to consent to Marriage, we can also add, that we have never come together to compleat this Marriage, and that we are as pure from each the other, as we were when born, we humbly hope your Lordships will deliver us from the Chains which the Laws of our Country only have bound us with. 'Tis said, my Lords, that Consummation is not necessary to compleat a Marriage, because a Man is Master of the Woman's Fortune, and the Woman has right to her Dowry, altho' the Man or Woman should chance to die before the Nuptial-Bed were made ready. My Lords, I grant, that when the Parties who were at Age, and Liberty, have given their Consent, and the Priest has done his Work, according to the Form prescrib'd, the Law is satisfy'd, and looks no farther; and gives each Party a Right to all the Advantages agreed upon, tho' Consummation follow not: The Laws suppose that what is reasonable and fitting will follow, and only secures legal Advantages that are contracted for. The other is a Point of Duty and of Conscience. I only ask whether there be a Man or Woman in the World, who thinks that the End of Marriage, as it is God's Ordinance, is fully answer'd, 'till it be consummated? My Lords, we come not here to say that a Marriage is not a legal Marriage 'till Consummation; nor to assign a Day, or a Week, or a Month, for such Completion: We presume not to trifle in that manner in such an Assembly as this. We only mean to say, that a Marriage not consummated, nor ever like to be consummated, is dissoluble, without Offence to any Law of God; and that a Marriage of that kind is not a compleat Marriage in his Sight; the full Purpose of his Institution is not answer'd 'till they become one Flesh. All that goes before is previously necessary to the making such Conjunction innocent, but it is not what is mainly and principally intended by Him who made them Male and Female. And therefore 'tis but an Impertinence to tell us that Adam and Eve were compleatly Marry'd before they went into the Bridal Bower: 'Tis so with every honest Couple, as well as with our first Parents: But would they have been compleatly Marry'd had they never gone into that Bridal Bower at all, and liv'd for many Years? What Marriage, I pray, would that have been? They might have been good Company and good Friends, but they could no more have been said to be Man and Wife, with respect to what God intended by Marriage, than two Men, or two Women, living together in Unity and Amity, may be said to be Marry'd together. I believe it would puzzle the Doctors to prove that Adam and Eve were ever Marry'd at all, any otherwise than by a mutual Consent to go together; for there was no Consent of any Superiour to ask or obtain; and there could be no need of promising to be faithful to each other, for there was no Body else to go to. I wonder such an Instance should be pitch'd upon. But now, my Lords, I come to the great Argument of all which is brought to prove a Marriage compleat, tho' its Effect never follow; and that is, that Joseph and the Blessed Virgin were, and are often call'd, in the Holy Scripture, Man and Wife, altho' we are sure by Scriptures they never came together till the Holy Child was born; and, by Tradition, sure they never came together after it was born. This Example I take to be the Ground and Bottom of all those absurd Doctrines and Propositions that are rais'd, in maintaining a Marriage to be compleat by the Consent of Parties, and the Benediction of the Priest, without any other fruit or effect. Joseph and the Blessed Virgin were certainly Espous'd and Betroath'd each to the other; and he thereby became so much her Husband, that he thought of putting her away, which shews he thought she was his Wife: And he is call'd her Husband by the Evangelist Saint Matthew; and she herself calls Joseph the Father of her Son, Thy Father and I have sought thee sorrowing: And a little before they are call'd his Parents. There is not a Word of all this that I either do, or dare deny. Be pleas'd, my Lords, but to remember and observe, that the same Scriptures that call Joseph the Husband of the Blessed Virgin, do also call Joseph the Father of her Son; and the same Scriptures that call Joseph and Mary Husband and Wife, do also call Joseph and Mary the Parents of Jesus. And he was in truth as much the Husband of the Virgin as he was the Father of her Son; and much in the same Sense, and to the same Purpose. My Lords, I have taken some Pains to understand this Matter, and what I am going to say I have from very good Authority, living as well as dead, for it is something out of the way of my Profession. It was absolutely necessary, by God's Appointment, that the Saviour of the World should be born of a Woman: And it was, by the same Appointment, full as necessary that he should not be the Son of Man, in the common Way. To reconcile these Difficulties therefore, he was Conceiv'd by the Holy Ghost, and Born of the Virgin Mary. But because this Saviour of the World was to be, in especial manner, the Messiah of the Jews, he was to be born a Jew; to descend from Abraham, according to the Promise, of the Tribe of Juda, of the House and Lineage of David. This Messiah of the Jews expected should be born as other Men were born; and they would never have receiv'd him as such, or heard him as a Prophet and Teacher sent from God, unless they had believ'd him to be born in lawful Wedlock; as they certainly did, or else you would have heard of it over and over in the Gospels, which conceal none of the Slanders, Contumelies and Reproaches, which the Jews, upon all Occasions, did so plentifully pour upon our Saviour. Had the Blessed Mary not been Marry'd, what would the People have said of her? What would they not have said of her and of her Son? It was therefore absolutely necessary to the Jews receiving Christ for the Messiah, and hearkning to him, that he should be born under the Reputation of Marriage; which could not be unless she took a Husband in the usual manner. You see what Entertainment both his Person and Doctrine found, altho' he was suppos'd to be born in Wedlock, and of honest Parents, only because of their mean and low Condition; but what had been his Fortune, had they thought him Spurious? I am almost sorry I have occasion to speak of these Matters; and I restrain myself from going on, in hopes that enough is said to shew, that the Marriage of Joseph with the Blessed Virgin was all (as I am told the antient Christian Writers call it) according to Oeconomy. It was to save Appearances; to cover both the Mother and the Son from the Reproaches of ignorant malicious People, till it should please God, in his own good time, to manifest the Truth more clearly to the World; and therefore tho' it might be wrapp'd in Prophecies before his Birth, yet it was not till after his Death that it became an Article of Faith, that he was Conceiv'd by he Holy Ghost, and Born of the Virgin Mary. During the Life of Christ, Joseph was the suppos'd Husband of the blessed Virgin, and the suppos'd Father of her blessed Son; and, under the Cover of that Relation, was to take upon him, under God, the Care and Protection of them both. Will any Man, after this, pretend to say that this was a compleat Marriage, as Marriage is the Ordinance of God? It was compleat to all the Ends and Purposes that God intended by it: It screen'd the Mother and the Son from Blame and Slander; and it provided for them such Defence and Maintenance as was convenient. But what is this to God's Original Institution? Or how can such a thing be drawn into Example? Joseph and Mary are said to be marry'd, altho' they never did compleat that Marriage, altho' they never must compleat it, therefore a MarriageContract is a Compleat Marriage in any One else as well as them, altho' they proceed no farther! That is, (I humbly pray your Lordships to observe) there was a Marriage Contract made, about some 1715 Years ago, betwixt a holy Man and the most excellent and holy Maid that ever liv'd upon the Earth; plac'd in such Circumstances as never happen'd before, nor ever will happen again; upon an extraordinary and most astonishing Occasion: The Contract was, that this Man should be call'd the Husband of this Virgin, for Reasons that never happen'd before, nor ever will happen again; and this Couple, by God's Appointment, never were to touch each other, in the matrimonial Way, till the Birth of a Child, that was to be call'd (because He truly was) the Son of God. Now this most rare, most singular, most unexampl'd Instance, is brought to convince your Lordships, that a bare Marriage-Contract makes a Compleat Marriage, according to the Laws of God, without proceeding any farther, in every other Couple that is Marry'd: And the Parties for whom I now appear are said to be compleatly Marry'd, altho' they never came together, because the blessed Virgin and Joseph were compleatly Marry'd, altho' they went no farther than a Marriage-Contract, nor ever could go farther, by God's Appointment. My Lords, if such an Example as this can operate so extensively and strangely, we must give over making Consequences in the way of Reason, and attend to the Dictates of our Spiritual Masters, without examining what it is they say. I do not know what Form of Words the Jews made use of when they were Marry'd; but I know, methinks, that the Form prescrib'd by the Church of England would have been very odd, improper, and absurd, to have been us'd to that blessed Couple, when it describes the Ends of Matrimony to be, First, For the Procreation of Children; Secondly, For a Remedy against Sin; and, Thirdly, For mutual Society, Help and Comfort, that the one ought to have of the other. The Sum of all is this, that the Ends of this particular Marriage, which God intended, were fully answer'd, by a Marriage-Contract only; but the Ends of Marriage in general, as it is God's Ordinance, neither were, nor might be answer'd by such Contract only; and therefore 'tis an absurd unreasonable thing to argue from the Compleatness of the one, to the Compleatness of any other, that may proceed farther, and that ought to proceed farther, and is certainly not compleat till it does proceed farther. Another Argument to prove a Marriage to be compleat, by a Marriage-Contract only, without proceeding to Consummation, is fetch'd from the Law of Moses, Deut. xxii.23. where a Woman, betroath'd or espous'd to a Man, is to be Stoned to Death, as an Adulteress, if she admit another to her Bed; which shews that the Validity of Marriage proceeds from the mutual Covenant and Consent that two have given to be each others. My Lords, I yield to every Word of this, and to whatever else can be said of the same kind. A Marriage-Contract does certainly give a Right to every thing contracted for. As soon as we are Marry'd I have a Right to her Person, a Right to her Fortune, a Right to her Reputation; and if any one injure her in any of those Particulars, I have a Right to her Vindication; for she is really mine, and I am hers: And I own I am as much Marry'd to her the first Morning, and she to me, as I shall be the Morning or Week after, as to all the Ends and Purposes which Human Laws can propose or take any Cognizance of. And if she Abuses any one the Hour after she is Marry'd, 'tis I must answer for it. If she gives away any of her Goods, which are now become mine, why no Body can receive them; I shall recover them, for they are mine. And if she give away herself, (tho' I have never yet come near her) she is certainly an Adulteress; she has given away what was mine, and broken her Faith and Contract, and is liable to whatever Penalty the Laws of the Country think fit to inflict upon such Offenders. I could moreover answer this Law of Moses by another Law of the same Moses, which sets a Man at liberty from a Maid he was betroath'd to, if she please him not when the Time of Marriage comes. 'Tis in Exod. xxi.8. And the only Difference is, that the Maid betroath'd in Exodus was not free, but a Servant; the Maid betroath'd in Deuteronomy was a free Woman. But tho' this makes a great Difference in the Laws and Customs of a Country, yet certainly 'tis none in Point of Conscience: The Obligation there is alike to Bond as Free, if other Circumstances make no difference. But the answering one Objection with another clears up nothing. I own that the Validity of Marriage proceeds from the mutual Covenant. But pray what is this mutual Covenant? Is it not the Consenting and Agreeing of a Man and Woman to give to each other the Use and Dominion of their Bodies, exclusive of all the World besides, as long as they both shall live? What is it that the Parties Contract for? What is it People Consent to upon these Occasions? I know it is said by Father Ambrose, Connubium non facit Defloratio Virginitatis, sed Pactio Conjugalis. And it was said before him long by Father Ulpian, Nuptias non Concubitus sed Consensus facit. And certainly every Body will say after them, that the Agreement of a Man and Woman to lie together, does not make a Marriage. But will St. Ambrose tell us, that a Pactio Conjugalis (a Marriage Covenant) can be fully answer'd without Concumbency, if the Parties live and are not hindred? In truth I will not answer for the Father, who (as the rest of them) had Joseph and Mary always in his Eye: But I will answer for the Civil Lawyer, who, I am sure, would never say a Marriage was compleat that was not, if it could have been, Consummated. Hear what Modestinus says, Nuptiæ sunt Conjunctio Maris & Fæminæ, & consortium omnis vitæ. 'Tis true he was a Heathen Lawyer, but had he also added, that Marriage was ordain'd to be a Remedy against Sin, he had talk'd the Language of our Common-Prayer-Book. For he says it is for the Procreation of Children, ( Conjunctio Maris & fæminæ ) and for mutual Society, Help and Comfort, that the one ought to have of the other, and taking each other for better for worse, which is but the English of Consortium omnis vitæ . Paulus, another Civilian, says, that Nuptiæ consistere non possunt nisi Consentiant omnes, i.e. Qui coeunt, Quorumq; in potestate sunt. There is no such thing as a right Marriage, where there is not the Consent of all Parties, i.e. the Consent of the two qui coeunt , and the Consent of Parents or Guardians in whose Power and Disposal the young Ones were. All Writers in the World agree, that Consent, Covenant, Contract, (call it what you will) is so necessary to a Marriage, that it cannot be valid without it; but then they also say, that such a Consent is a Consent to answer the Ends of Marriage; that such a Covenant is a Covenant to live together, according to God's Ordinance; and that such a Contract is a Contract for the Use and Dominion of each others Body; which is, in effect, neither more nor less than what St. Paul has said in 1 Cor. vii.3 and 4, which I repeat not, because it is so well known. But they who think a Marriage is a compleat and perfect Marriage, according to God's Ordinance, (for as to Human positive Laws, I contest it not) altho' it never be Consummated; they I desire may read that Passage, and consider it. My Lords, there is another slight Objection which I will but just mention, and that is, That the Church allows the Oldest People that are to be Marry'd, and accounts their Marriage good, altho' there is neither hope nor likelihood of having Children; and accordingly appoints the Prayer for that Purpose to be omitted and left out; and therefore a Marriage is compleat by Contract only, without any Consummation. The Argument, I think, is this, That because a Marriage is a good Marriage which is not Consummated, because it cannot be by reason of People's Age, therefore a Marriage is a good Marriage, tho' not Consummated, which yet may be Consummated any Day in the Year. If this be a right Inference, there is no making a wrong one, for one can never make a worse. My Lords, the Church neither does nor can pretend to determine when People are too Old to Marry: It meddles with no such Matters, but leaves every one to their Discretion. She seems to assign three Ends of Marriage, which I have had occasion to mention before; and if the first cannot be answer'd, the second may, and so may the third, tho' the other two should not. And now, my Lords, I hope I have shewn that the Bill before you is a good Bill; that the Divorce we sue for is very reasonable and just; and that such a Marriage as ours, made at such an Age, with such a Consent as is indeed no Consent, and never Consummated, tho' Fourteen Years since, is such a Marriage as may very innocently be dissolv'd, without any manner of Offence to the Laws of God. And I desire any Man to assign any one Law of God that would be hurt hereby, unless we are made to believe that every Law of the Church, is also a Law of God; which when I hear affirm'd, I shall not want an Answer to it. But I am sure the Laws of God, which are properly so call'd, are to be found in a Holy Book, where nothing appears against us. For as for those Passages which allow a Man to put away his Wife for no cause but that of Adultery, 'tis certain, to a Demonstration, that they refer to Marriages that have been Compleated and Consummated by Man and Wife. And if your Lordships would indulge me so far, I would venture to say, that no Man of common Sense, can read those Passages, and think otherwise. My Lords, he must be a Scholar that can read that Question of the Parisee's, and the Determination of our Blessed Saviour, about Divorces, and conclude after all, that the Marriages there spoken of, might be such Marriages as never were Consummated, as well as such as were. 'Tis impossible to mistake so plain a Case, without a good deal of Learning and Study. My Lords, it stirs me to a little Indignation, and gives me a Concern, somewhat beyond my Fee, to hear this Marriage-Contract of ours treated like a Marriage of Fourteen Years standing, where Man and Wife have all along cohabited, and now are weary of each other, and the common Bed, and seeking to your Lordships for leave to look for more agreeable Companions. Why else are all these Places of Scripture brought against our Bill, when not a single Line of them is pertinent and proper to our Case? If they had brought the Scriptures to prove, that a Boy of Fifteen, and a Girl of Thirteen, not born in Paradise, or in the Gardens of the East, but in a cold and frozen Climate of the North, were of Age sufficient to dispose of their Persons for ever, they had done something to the Purpose, for that, my Lords, was our Age. If they had brought the Scriptures to prove, that a Boy and Girl, of the Years aforesaid, repeating a certain Form of Words, after a certain Person, in a Church, between the Hours of Eight and Twelve, had thereby made a Contract that must stand like Fate, and be irrevocable as the Hours that pass'd a Week ago, by any Power on Earth, they had done something to the Purpose, for that indeed we did. I have already own'd, we said what we were bid to say; we did what we were bid to do: We should have done a great deal more, and said a great deal more, had we been order'd so: 'Tis not our Fault that we did not give it under our Hands, that our Marriage was Consummated by the Words we repeated in the Church; had we been ask'd to do so, we had surely done it, such was our Innocence, such was our Ignorance! This, my Lords, had been the Point they should have labour'd most to clear; for this they should have brought their Scripture-Proofs, to shew that the Words of a Marriage-Contract, are, by God's Appointment, as soon as ever they are utter'd, of so binding a Nature, that neither the Consent of Parties, nor all the Powers that are on Earth, can make them null and void: That it is proper and peculiar to this Contract never to be dissolv'd, tho' nothing but Words has pass'd. All other Promises, I must say again, all other Covenants, all other Oaths, are own'd to be dissoluble, by the Consent of Parties, where no Injury is done to any Third. The MarriageWords, it seems, are the only Words in the World that operate like a Charm, and take effect, in spite of all the Reason, and all the new Necessities, that can arise and be urg'd against it; altho' the Parties should not have so much as touch'd each others Lips, nor ever shall. Here Scriptures would have done exceedingly well, and have obtain'd the Reverence and Obedience that is due to their Authority, had they but shewn that a verbal Contract, made with Solemnity, answers all the Ends and Purposes of Matrimony, as it is God's Ordinance; that it is not only previously necessary, both by the Laws of God and Man, to make the Conjunction of Man and Woman innocent, but the verbal Contract is the thing itself, 'tis Matrimony to all Intents and Purposes; and is no more to be dissolv'd, than it had been had the Fruit and Effect of it been half a Dozen Children now presented at your Lordships Bar. There is no End of the Absurdities that arise from treating a Verbal Contract, that has only pass'd the Lips, just as you would a Marriage Consummated, and perfectly Compleat; and therefore, tho' I call for their ScriptureProofs, yet I am well assur'd none can be brought to prove a Point so unreasonable. But to hear them heap up Scripture upon Scripture, to prove, that a Marriage is God's Ordinance; that Marriages are sacred Contracts; that by the Laws of Christ they cannot be dissolv'd but for the Cause of Fornication, is, in my humble Opinion, to hear them say nothing to the Purpose, unless those Scriptures mean that Marriage not Consummated is God's Ordinance; that Marriage-Contracts are sacred, altho' the very End and Meaning of the Contract is not answer'd; and that Marriages which Christ there speaks of as indissoluble (except for the sake of Adultery) are such Marriages as never were Consummated. In short, if because the Word Marriage is a Word that is common to a Marriage before it is Consummated, and also after, therefore what is applicable to a Consummated Marriage, is also applicable to a Marriage not Consummated; if this be a Consequence, a reasonable Man will be asham'd hereafter of making Consequences. We may as well conclude that, because Caius is a Man, and Titius is a Man, therefore Caius and Titius are one and the same Man. They tell us also, from the Scriptures, that Matrimony signifies to us, the mystical Union there is betwixt Christ and his Church; but let them say it, if they think fit, that Matrimony not Consummated does, or can signify this Union: But in this I spare them, and indeed myself, not daring to speak with any Freedom on this Subject; and finding I have already transgress'd too far, I humbly desire your Lordships to consider, whether there ever was so equitable a Cause of Divorce within the Walls of this House. It is so singular a Case, that it cuts of all your Fears of its becoming an Example; the oldest Lawyer living never heard the like in all respects; nor will the Youngest ever live to see it made a Precedent: But were there Twenty such like Cases now before you, they are so reasonable and just, that they would every one deserve to be reliev'd by your Lordships; and 'tis below the Dignity of the Legislative Power to be afraid of making Precedents, where there is Reason, and Justice, and Compassion on their Side: To all which we lay as strong a Claim, as ever Parties did that ever were before this House.

Law

THE CASE.

The counsellor's plea for the divorce of Sir G[eorge] D[owning] and Mrs. F[orrester]

LawB1723

My LORDS, SINCE my Council have so fully answered every Article alledged against me, it may seem unnecessary to take up Your Lordships Time, by saying any thing for my-self. And, indeed, it would be so, if my Charge were Ordinary or Particular. But, my Lords, I have been represented as a Person doubly guilty; First, In transacting Treason for my Self: and, Secondly, In doing it for other People. These are Crimes of the most heinous Nature; And if they were as clearly proved, as they have been strongly asserted, I should justly merit Your Lordships highest Displeasure, and all the Pains and Penalties that You could possibly inflict upon me. And since my Charge is so very Extraordinary: Since these Proceedings seem to be without any Precedent; and, That the Innocence of other Persons calls upon me for Publick Justice; I believe Your Lordships will easily allow, That to be silent, in such a Case! would be truly Criminal, and but too justly Censured. To enter into all the Particulars of my Accusation, would, I fear, take up more Time than is reasonable for me to ask, or for Your Lordships to allow: And though the many Inconsistencies, Contradictions, and false Conclusions which appear in almost every Page of the Printed Reports, plainly shew, The Weakness, Absurdity, and Sophistry of them; however, I shall only beg Leave to touch upon those material Parts, which relate to my-self, and my Defence to them. And the First Article which I find my-self charged with, is, The Employing of one Neyno to draw up Three Memorials to the Regent of France, to solicite Foreign Forces to invade this Kingdom. And for Proof of this, the Examinations of the same Person, which are neither upon Oath, nor so much as Signed by him (and whom the Committee of the Honourable House of Commons have represented as a very infamous Fellow) are the only Evidence assigned against me. This, my Lords, is the Crime! and This is the Proof! And though the bare mentioning of it, might be sufficient to convince Your Lordships of its Weakness; however, since so great a Weight has been laid upon this Kind of Evidence in another Place, it will be necessary to be a little more particular about it. The Two first of these Memorials (Viz. Those before and after the South-Sea Scheme) are but slightly mentioned: But the One pretended to be drawn up in December, 1721. (and containing a Demand of 5000 Men) and a Letter said to be written the March after (to amuse the Government into a false Security) are the chief Things upon which any Stress is laid. And, how False both these Allegations are, has, I don't doubt, evidently appeared to Your Lordships. For, Had my Accuser been really employed to draw up any such Memorials, it is reasonable to believe, that he would have kept Copies of some, and especially of the Last of them; since a Person who turned Informer so suddenly after, may very well be presumed to have had Thoughts of it for some Time before; and such Papers would, no doubt, give great Weight to his Information. But the Ministry have produced no such Copies; neither do they pretend to have them: Which is a very great Indication, that there never were any such Memorials at all. Besides, There are no Two of his Examinations of a Piece. Nay! he contradicts himself in almost every one of them. For, In his Second Examination, he says, That these Memorials were all drawn up by the Order of one Henry Watson (whom he really did not know, but took to be the late Earl Marishall) without making the least Mention of me. In his Third Examination, he says, They were delivered to me and Watson; And in his Fourth, he says again, They were all drawn up by the Order of Henry Watson Only. And, in a few Lines after, contradicts himself, and says, That the Heads of them were given to him by me and Watson: Which are such Inconsistencies, as (Your Lordships will easily grant) are not to be reconciled: And if his Memorials were no better drawn than his Examinations, I believe, they were not likely to meet with any great Success. As to the late Earl Marishall, how reasonable it is to believe, that a Person in his Circumstances should venture to come into England, and live so openly here, as to intrust himself, and a Secret of this Nature, to a Fellow, who (by his own Confession) did not know him, is humbly submitted to Your Lordships. And as for my Part, it is very plain, that I could have no Hand in them, since the Minutes in my Pocket-Book (in which I could have used no Disguise) agreeing with the concurrent Testimony of several Witnesses, plainly shew, That I was not in the Kingdom at the Times in which my Accuser pretends to have been so employed. For, by those Minutes, and their Testimony, it appears, That I went to France the 23d of November, 1721. and did not return 'till the latter End of the next Month; And my Accuser himself owns, in his First Examination, That he did not see me after my Return, 'till the January following; which makes it impossible, That he could have been so employed by me in December, since I was most part of that Month out of the Kingdom; and the few Days of it that I was here, he owns, he did not see me. Nor has the other Part of his Information relating to the Letter (which he pretends to have drawn up in March) better Grounds For, by the same Minutes, and by the same Evidence, it likewise appears, That I went to France the 22d of February after, and did not return 'till the middle of April, which makes it as impossible, that he could have been employed by me in March, since I was then likewise out of the Kingdom. Had this Examination been taken at any Distance of Time, it is possible he might be mistaken in it; but his first Information must have been about the middle of April, soon after my Return from France; For he confessed to the Person taken up with him at Deal. That he was the First who set the Ministry upon intercepting Letters. And the first Letters so intercepted, are owned, in the 42nd Page of the Report made to the Lower-House, to have been the 22d of April, 1722. And, surely, he cannot be supposed to have forgot so soon, what happened the very Month before; especially, since he has been so particular; as to name the very Day, (Saturday) upon which he says this Letter was so drawn up. By all which it plainly appears, That this Article is not only Groundless, but evidently False; and likewise, That he had no such Intimacy with me (as the Report pretends) since he has declared, That I never spoke to him of the Conspiracy; And that I could be a Month at one Time, and Two Months at another, out of Town, without his knowing any thing of it. As to what is said to his coming sometimes to my Lodgings, I believe it may be true; but it has been fully proved, That his Visits were never to me, but always to another Person, who lodged in the same House. And, I do solemnly affirm to your Lordships, That I never was acquainted with the late Earl Marishall, or with any such Person who went by the Name of Watson; That I knew very little of my Accuser; so little, That I am confident I never spoke to him Ten times in my Life; nor ever employed him in this or any other Affair whatsoever. The Second Article Charged upon me, is, The carrying on of a Treasonable Correspondence for the Bishop of Rochester. And, for Proof of this, The Examination of the same Person is the only Evidence produced against me, wherein he says, That I frequently told him, the Bishop was concerned in such a Correspondence; and that I managed it for him; with other Particulars not worth mentioning to your Lordships. How reasonable it is, that I should tell such a strange Untruth to a Person that I knew so very little of; and what Credit ought to be given to his bare Assertion, who has affirmed such Gross and Notorious Falsehoods in the former Article, must be submitted to your Lordships. And, in my present unhappy Situation, I cannot but think it a very great and singular Happiness, to have so Publick and Honourable an Occasion of purging myself from so vile a Calumny, and of doing Justice to that most Worthy and Learned Prelate. And I do solemnly declare to your Lordships, upon the Faith of a Christian, That I never wrote or received a Letter of any kind for the Bishop of Rochester, or was privy to any Correspondence of his at Home or Abroad: That I never shewed him any Letter that ever I wrote to France, or ever sent one there by his Privity or Direction: That I am very little known to his Lordship; went very rarely to wait upon him; so rarely! That I am confident few of his Servants know either my Name or Face; and have not seen him above Three or Four Times these Two Years past, and not above Eight or Ten Times in my whole Life. I do farther declare, That my Visits to his Lordship were always Publick; That I never went privately in a Chair to his House; always found other Company with him, who were generally Strangers to me; and never once mentioned his Name, upon this or any other Account, to the Person who has thus accused me. Which, with the Evidence that has been produced of his own Confessions to that Purpose, is, I hope, sufficient to convince your Lordships of the Truth of it. And as for the Dog, which has been brought as a Circumstance to prove this Matter, I do, in the same solemn Manner, declare, That he was given to me by a Surgeon at Paris (whose Affidavit has been offered to be produced) and who at that Time, I do verily believe, never heard of his Lordship's Name; And that he never was designed for any body but the Person I gave him to. And I appeal to the very Ministers themselves, if the British Resident at Paris, (who is constantly attended by that very Surgeon, and examined him about it) has not confirmed the Truth of this Account to them. I do farther affirm, That the Bishop of Rochester never saw him; Never received any Letter or Message by me, nor (do I believe) by any other Person about him: Neither did I ever know or hear, That his Lordship had any Intercourse or Correspondence with the late Earl of Mar, or any other disaffected Person Abroad. My LORDS, It cannot be imagined, that I have any particular Interest or Concern in this Matter; for I never received any Favours from his Lordship; neither do I owe him any Obligations, but those of Common Justice: And those I should perform, where I have so much Truth of my Side, to the greatest Enemy I have upon Earth. As for the other Circumstances which are brought to strengthen my Accuser's Examinations, and are set forth in one Pancier's Deposition. They will appear, I don't doubt, as Groundless and Inconsistent as the Examinations themselves. For, This Person swears, That another told him of this Conspiracy; That Six or Eight Battalions or Irish Forces were to come from Spain to assist the Conspirators. That 200,000l. were raised, and 800 Men regularly subsisted for this Purpose in London. These, My Lords, are called, in the 38th Page of the Report of the Lower House, The Concurrent and Corroborating Proofs of my Accuser's Examinations: And I humbly appeal to your Lordships, if any one of them carries the least Colour of Reason or Probability with it. For, can it be imagined, That such a Force should come from Spain, when there appears to be so strict a Friendship betwixt the Two Kingdoms? Or, That 200,000 l. could possibly be raised among all the Disaffected in England, in Case there was a License for it? Or, 800 Men regularly subsisted in this City, without a Discovery? These are such idle, inconsistent Tales, as (I am persuaded) can never have any Weight with your Lordships. Besides, my Lords, this is only bare Hear-say; And if the Hear-say of such Infamous Persons (or, indeed, of any Persons) be look'd upon as sufficient Evidence, I believe, no Man in England can be sure of his Life or Liberty an Hour, since any Two People may talk him into High-Treason whenever they please; and the greater the Person is, the greater his Danger always will be. The Third Crime which I stand charged with, is, The Writing of Three Treasonable Letters for the Bishop of Rochester supposed to be for the Pretender, the late Earl of Mar, and General Dillon, which Letters are said to have been sent by me to Mr. Gordon at Bologne, with Directions to be delivered to one Mr. Talbot. And, For Proof of this, the Clerks of the Post-Office are produced, who swear, That those Letters were (to the Best of their Knowledge)written in the same Hand with an Original which was stopt as a Specimen of it: Which Original has been sworn by Two Persons to be my Writing, and, consequently, those Letters must be so too. My LORDS, These Letters are dated the 20th of April, and the Specimen so stopt, the 20th of August; Just Four Months after. And how it is possible for People (who receive such a Number of Letters) to swear to a Likeness of Hand, at such a Distance of Time; and what Weight ought to be laid upon this kind of Evidence; or upon that Modern and Mysterious one given by the Decypherers, in which they don't pretend to a Certainty themselves, must be submitted to your Lordships. And as to the Persons who have Sworn to my Hand, I hope it will be considered, That one of them is a Messenger, who never saw any of my Writing, but the Superscriptions of a few Letters, which (your Lordships may easily see) do not bear the least Likeness with what he has sworn to. Besides, this very Person was turned out of his Employment upon my Account, and a few Days after he gave this Evidence in the House of Commons, I saw a Paragraph in the News-Papers, that he was restored to it again. And as to the other, it is to be hoped, That it will be likewise considered, That he is a Servant, who attended me only about Three Weeks, and was turned off for an Infamous Action, which he has acknowledged himself to have been guilty of: Besides, he has confessed, That he never saw me write, but as he went backwards and forwards in the Room; and at such a Distance, as not to be able to distinguish one Character from another: And it has been proved by Two Witnesses, (on of which was a particular Friend of his own) That he declared, He never knew any thing of my Hand; but was Threatned by the Secretary of State into the Affidavit which has been Printed to that Purpose in the Appendix. And if that Paper had been my writing, it is impossible they could be reduced to a Necessity of making use of such improper Evidence, since no Pains have been spared to procure better; since Numbers of People have been taken up, confined, and examined to this very Point; and Newgate sent to, more than once, for Witnesses to it. And though it might be proved by the very Report of the Lower House, That those Letters could not have come from the Bishop of Rochester; however, my Business is only to convince Your Lordships, That I was not the Writer of them, and of this, I believe, it is impossible to give clearer Proofs than I have done: For if those Letters had been dictated to me the Twentieth of April (as the Report pretends) it must have been at his Lordship's House in the Country; since it appears by the Deposition of his Coachman, that he went there the 12th of that Month, and did not leave it till the 5th of May. But it has been proved, that I was in London ALL that Time; and if it had been permitted, there is not a Person in the Bishop's Family, but would testify, That I was not then at his House in the Country; and, consequently, could not have written any such Letters for him. Besides, I have brought several Persons of Credit and undoubted Characters, who have all testified, That the Hand in which those Letters are said to be written, is not mine, nor any thing like it. An Affidavit has been produced from Mr. Gordon, that he never received any such Letters from me, nor ever had any Correspondence, or even an Acquaintance with me. And it has been likewise proved, That Mr. Talbot, to whom those Letters are said to be delivered by Mr. Gordon, was in this Town the very Day upon which they are said to have been delivered to him at Bologne: And if I had any such Letters to transmit, can it be imagined, that I would trust them to the CommonPost, when I had so good an Opportunity to send them by, or direct them to Bologne, when the same Post might as well have carried them to Paris. These are such full, such evident Proofs, as, I hope, cannot fail of giving Your Lordships the utmost Conviction in this Matter; and, consequently, that this Article is, like the rest, both Groundless and manifestly False. But, if any Credit is to be given to the Confessions which my Accuser made to the Person taken up with him, it is very plain, that those Letters must have come from another Quarter; and, to say no worse, were at least calculated to carry on his own base and villainous Designs. For it has been proved to your Lordships, that he Confessed to have been employed by one of the Ministers, received 300l. from him, and was to have 2000l. more. That this Minister declared a Personal Prejudice, upon some private Account, to the Bishop of Rochester; was resolved to pull down the Pride of that Haughty Prelate, and to squeeze me (as I think the Expressions were) to that Purpose. My Lords, I say, if any Credit is to be given to this Confessions, there can be no great Difficulty in tracing out the Source of this Part of the Conspiracy; and I am heartily sorry to say, That there are some Circumstances which seem to give but too great a Countenance to the Truth of it. For, my Lords, He made this Confession at a Juncture when he may very well be supposed, to have spoken in the Sincerity of his heart; when he saw his Villainy detected; believed himself to be in the greatest Danger, and depended upon the Person's Assistance (to whom he made it) to help him out of his Misfortunes. And how particular this Prosecution; is, and how sufficiently I have been Squeezed, are Things but too visible, and too well known to the World. Besides, the very Cypher by which those Letters were written, (and which he owned to have received from that Minister) was actually caught upon the Person to whom he gave it; and he confessed, That he put a Paper of Directions into one of my Drawers, by which (the Report says) most of the Treasonable Letters were Addressed. And it has been proved to Your Lordships, That those Drawers were constantly open, and that he made some Pretext for being alone in my Lodgings, the very Night before I was first taken up. And since he was the first that set the Ministry upon Intercepting Letters, which he said were mine; it is very extraordinary, that such a material Part of his Evidence should be omitted in his Examination; or, that the very first Letters so intercepted, should be those alledged against the Bishop of Rochester: And if the Originals of those Three Letters were stopt, I don't at all doubt, but they might be proved to be my Accuser's own Hand-writing. And how strong a Sense he had of his Guilt, by attempting an Escape, which proved fatal to him, and how visibly the Hand of God has interposed in that Eminent Prelate's Favour, by taking one of the Persons (designed for his Destruction) out of the World, and giving the other Grace and Virtue enough to withstand all Temptations to his Prejudice, are Things highly worthy of Your Lordships just and most serious Consideration, and no small Indication of his Innocence. And as to the Money which my Accuser owned to have received; That there was a very sudden and extraordinary Change in his Condition; That, from the lowest State of Poverty and Want, he soon arrived to that of a Vicious and most Profligate Affluence, is a Truth sufficiently known to all those that were acquainted with him. But from whence this Change proceeded, or what real Grounds he had for aspersing that Honourable Person, I will not pretend to say: But if those Aspersions be false (as I wish they may) it may be justly inferred, That a Fellow who was capable of vilifying one Person, may very well be judged as capable of doing so to another: And if his Veracity is not to hold good in one Case, there can be no Reason for allowing it in the other. The Fourth Crime alledged against me, is, A Number of intercepted Letters, supposed to be written to and received from the late Earl of Mar, General Dillon and other Disaffected Persons Abroad. And for Proof of this, A Frenchman has been produced, who swears, That he once saw me take up a Letter at Burton's Coffee-house, by the Name of Baker, which Name (it is said) some of the Treasonable Letters were addressed by; and was, in a Paper of Directions, found in my Lodgings. How that Paper came there, has been already proved to Your Lordships. And as to the Person who has swore to this Particular, I must observe, That when he gave this Evidence to the House of Commons, he did not know me, tho' he spoke to me, and look'd several times earnestly at me; and for the Truth of this, I can appeal to most of the Members of that Honourable House, who were Witnesses of it: And he would still have probably continued in his Ignorance, if some private Hints, (as I have been told) were not given him, or the same Method taken which has been done with a Number of other strange Fellows, who were frequently sent to the Tower, and had no other Business but to take a View of me. Besides, the People of the Coffee-house have testified the contrary, and that no such Letter ever came to their House. And tho' it be set down in my Examination before the Council, that I confessed to have taken up such a Letter, I humbly appeal to my Lord Chancellor (if it can be worth his Lordship's While to recollect it) If he did not ask me that very Question two or three times? And if I did not as often deny it? Neither is this the only Particular that is falsely set down in that Examination. And I do solemnly affirm to Your Lordships, That I never did receive any such Letter, nor ever saw that Paper of Directions, 'till it was Printed in the Report. And there is one Circumstance pretty Remarkable in this Correspondence, That as it began with my Accuser's Information, so it ended with his being taken up. For immediately after a new Correspondence is pretended to be discovered; and to fix this likewise upon me, it has been suggested, that I sent Cyphers by Sir Harry Goring to France, and had Letters directed by them to Sturgess's and Slaughter's Coffee-house. But, my Lords, no such Cyphers were found in my Custody, nor any Papers relating to such a Correspondence, and the People of those Coffee-houses have all sworn, That I never Ordered any Letters of that kind to be taken in, or received one, either by my own or any other Name from them. Nay! one of them has sworn, That no such Letters ever came to his House at all; and the other says, That a Messenger from the Secretary's Office, was the only Person that ever called at his House for those directed to it. And as to the Printed Examination of one Mr. Caryl, to this Purpose, it were to be wished, That this Gentleman's Reasons had been published, as well as his Accusation. For I am confident, he will not pretend to say, That ever he saw me write a Line in his Life, or give a Piece of Paper of any kind to Sir Harry Goring; and what Reason he could have for believing that we settled a Key for such a Correspondence, is very extraordinary: Nor have the other Particulars which he has affirmed, the least Foundation of Truth; For I do solemnly aveir to your Lordships, That I never saw Sample in my Life, or gave Captain Bonin any such Letter of Recommendation: Neither had I ever the Honour of speaking to my Lord North and Grey, or of being any ways known to his Lordship; and that I should mention him so familiarly by the fictitious Name of Johnson, (and which, of all Names, I should never make use of in that manner) will, I hope, appear very incredible to Your Lordships; especially since Mr. Caryl himself has furnished so good a Reason for the Disbelief of it. For he has likewise affirmed, That my Examination before the Council was read at Doctor Yalden's House: The Doctor has indeed already done me Justice in that Point; and Mr. Tucker (who was all the while in Company) will, I am very sure, do the same. And since Mr. Caryl appears to be so plainly mistaken in this Particular, surely he may very well be supposed to be so in all the rest, especially since he has not assigned the least Reason for any of 'em. As to the rest of the intercepted Letters, the People of the several Coffee-houses have likewise cleared me from them; and all testify, That they never delivered me any such Letters, or received any Directions from me about them; which, I hope, will be sufficient to convince Your Lordships, That I was not concerned in any such Correspondence, especially since no Letters of this kind were found in my Possession, nor any other Papers relating to the Conspiracy. There are two other Crimes, in which I most humbly crave Your Lordships Patience to be heard, because they are the blackest that can be imagined, and seem to be Personal. The First, is a Letter directed to Mr. Gordon at Bologne, with two Affidavits, which have been Printed, and are suggested to be sent by my Directions, in order to have him and one Birmingham perjure themselves upon my Account: For in this Letter it is said, That the Inclosed is a Copy of a Note from the Person concerned, with what he thinks requisite. My Lords, This Letter is dated the 20th of March, at which Time, and for Five Months before, I never was allowed the Use of Pen, Ink, or Paper, or the Liberty of seeing any Person that could possibly have conveyed such a Note for me; for I have been guarded in a different Manner from other People in the Tower: My Warders were put into the very Room with me, and ordered never to stir a Moment, Night or Day, out of it; which Orders they punctually obeyed, and were constant Witnesses to all my Actions. And those Warders will depose, That, they believe, it was impossible for me to have written or sent out any such Directions; and the Officers, I don't doubt, will do me the same Justice. And when my Solicitor was admitted, finding that Mr. Gordon's Affidavit might be of use, if allowed as Evidence, a Person was immediately dispatched, and who brought it in a different Form from those which have been Printed. And my Solicitor can testify, That no Draughts were sent by him; which, with the gross Management of the Persons concerned in this Affair, is, I hope, sufficient to give your Lordships the clearest Conviction of my Innocence in it. And I do solemnly affirm, That I never knew any Thing of them; never heard of the Name of Akenhead before; nor can I find out any Person (besides the Master of that Vessel) that ever did. The other Crime is set forth in one Levett's Deposition in the Report made to this most Honourable House: Wherein (among a great many other most notorious Falsehoods) she swears, That one Mrs. Barnes told her, That I was instrumental in, or privy to the shutting up of a Person in a Dungeon, for Fear of his turning Informer; and not only of him, but of 200 more upon the same Account. Which, I believe, is the most surprizing Crime that ever yet was alledged against any Christian. Mrs. Barnes denies every Syllable of this Conversation; and if the Person that swears this against her, had been produced, she would be proved to your Lordships, to have been a vile infamous Creature all her Life. And if she is to be believed, or that your Lordships can think it possible there can be the least Truth in her Deposition, it will be a Sin to let me live, and impossible to find out a Punishment too Cruel for me. These, my Lords, are the Chief Crimes which I am charged with; and very great ones they are, had they been in any Degree made out against me. I am a Stranger to the Methods of Legal Proof, but have been told by my Council, That the greater a Person's Crime is, the clearer the Evidence ought to be against him; and how weak and insufficient the Proofs produced for this Purpose are, and how clear and convincing those which have been offered in my Justification, has, I hope, evidently appeared to your Lordships, and given you intire Conviction of my Innocence; and that all the Crimes alledged against me, are without the least Colour or Foundation of Truth. But how much I have suffered for these supposed Crimes; and what extraordinary Means have been made use of against me, are Things much worthier of your Lordships Judicial Consideration. To be taken up and held to exorbitant Bail, without ever assigning any particular Crime against me; To suffer a Long and Close Confinement, where the Expence bears no Proportion to my Circumstance: To have Numbers of People, and some of them, Creatures of the meanest Rank and Condition, taken up, examined, and tampered with upon my Account; and Newgate sent to for Witnesses: To have a Servant (who was turned off for his Ill-Behaviour) brought as an Evidence; and my most intimate Friends Imprisoned for not swearing against me; Are Hardships and Proceedings, I believe, hitherto unheard-of in England; and such as, I hope, your Lordships will, in your great Wisdom and Justice, think fit to redress. All which is of a Piece with an infamous Offer made to myself by one of the Under-Secretaries of State, who, the Morning after I was first examined, came to me with a Message (as he said) from one of his Superiors, to let me know, That I had now a very good Opportunity of serving myself; and that he was sent to offer me my own Conditions. And when I declared myself an intire Stranger to the Conspiracy, and was sorry to find that Noble Lord have so base an Opinion of me, he seemed to wonder, that I would neglect so good an Occasion of serving myself, especially when I might have any Thing I pleased to ask for. What Authority that Person had for this Message, or the rest of his AfterProceedings, I will not pretend to say: But as I have been Ruined and utterly Undone by them, I hope your Lordships will take my Sufferings, as well as Circumstances, into Your Consideration; and, instead of Inflicting any farther Pains or Penalties, look upon me (as I really am) a Person highly Injured, and not a Criminal concerned in any Transactions against the Government. As for my Circumstances, they are but too well known in the World. And here I cannot omit my Gratitude to the late and present Constables of the Tower; for the late Constable (though I never had the Honour to see his Lordship) was, upon a Representation of my Circumstances, so very good, as to procure me the Promise of an Allowance from the Government; and his Lordship, the present, has been so kind as to get it paid: But the Officers of the Place can testify, That this Allowance has not been converted to any Private Use of mine, but constantly given to the Persons appointed to attend me. And I must take Leave to assure your Lordships, That it has cost me more since I was sent there, than the Government have now left me really worth in the World; and I must suddenly become a Sacrifice to my Necessities, if not set at Liberty by your Lordships great Clemency and Compassion. If I have dropped any Expressions which may not be so agreeable to some particular Persons in Power, I could wish that my Defence had not laid me under that Necessity: And I do solemnly protest, That they have not proceeded from any Resentment for my Sufferings; but from a Sincere Endeavour to give your Lordships the clearest Conviction of my Innocence. And since I could not merit their Favour, I shall always endeavour to preserve their good Opinion. As to the Legality of these Proceedings, and the Danger of making Precedents of this Kind, those are Things which have been already fully set forth by my Council, and must be submitted to the great Wisdom and Jurisdiction of this most illustrious Assembly: An Assembly! which is not only the Highest and most Honourable, but the Uprightest and most Impartial, I believe, upon Earth; and whose Justice has ever appeared as extensive as their Power. The great, and, indeed, the only Argument which I have heard offered for the passing of this Bill, is, That the Occasion is Extraordinary; That your Lordships are in your Legislative Capacity; and though the Proofs may not be so legal, however, In Terrorem, it is necessary to pass it. But I humbly beseech your Lordships to consider, Where the Extraordinariness of this Occasion lies? Has there been the least Commotion in my Part of the Three Kingdoms? Or any Person injured in his Liberty or Fortune, besides those who have been so unhappy as to fall under this Suspicion? Or, Is this Occasion more Extraordinary than when there was a Publick Insurrection in the Kingdom? And when the Persons concerned in it, were tried by the Common and Ordinary Courts of Justice? And because your Lordships are vested with a Supreme Authority, and not tied up to the Common Forms of Law, can that be a Reason for your acting directly contrary to it? And to suppose your Lordships capable of doing so, was not, I must say, so becoming an Argument to have been offered upon this Occasion. And to have a Session, which opened with so mild, so gracious a Speech from the Throne, end in such an extraordinary Manner, must surely be very contrary to the Design and Intention of the Throne at that Time; and is, I hope, so still; especially, since no intervening Accidents have happened to ruffle the Quiet and Tranquility of the Kingdom. My Lords, The First extraordinary Bill that, I believe, ever passed in England was that of the Earl of Strafford; and how much Personal Prejudice was in his Prosecution, and how fatal that Bill proved in its Consequences, I need not mention, since the Royal Martyr himself has, in his dying Words, called it, An unjust Sentence, and imputed all his Misfortunes to it. And, Pray, my Lords, why was that Sentence Unjust, but because it was not supported by Law? And, to the Eternal Honour of this House be it said, That when the Proofs upon his Tryal were not found Legal, They refused to find him Guilty. But when this Extraordinary Method was taken, and the Torrent of the Times bore down their usual Justice, then the Flood-Gates of all those Miseries were opened, which overwhelmed and sunk the Constitution: And of which, some of Your Noble Predecessors had so strong and lively a Sense, as to declare, in this very House, That they would be sooner torn in Pieces, than come into such Illegal Proceedings; And so fell a Sacrifice to the Love and Laws of their Country. To which I shall only beg Leave to add One Observation, that, I am sure, is but too well known to that Right Reverend Bench: "That of all the Prelates who advised his Majesty to the Passing of that Fatal Bill, not One of them escaped the Violence of those very Persons whom they endeavour'd to oblige by that Advice. These, my Lords, were the Unhappy Effects and Fatal Consequences of One Extraordinary Bill: And what those of Another may prove, the Great Director of All Things only can foresee! Many are the Arguments which might be brought to shew the great Injustice, as well as Inconveniencies of these Laws in particular: But as my Liberty can be of no great Moment to the World, I shall only beseech Your Lordships, Not through me, to give a Wound to the Constitution, which, perhaps, may not so easily be cured. The great Characteristick which distinguishes England from the rest of the Neighbouring Nations, is, the Excellency of her Laws, of which Your Lordships are the Great Guardians: And if you suffer those Laws to be broke in upon, and render Life or Liberty so precarious, as to be affected or taken away, by every idle Hearsay, that Excellency must soon disappear, and the Best Form of Government now upon Earth, consequently, sink into Anarchy and Confusion. My LORDS, The Words of my Bill are very severe, and do not bear the least Proportion to the Proofs which have been produced against me: And I humbly hope, That my pass'd Sufferings will be look'd upon as a sufficient Punishment; especially, since it is not pretended, that I have transgressed any Law yet in Being. I propose no great Happiness in this Life, and would willingly avoid as much Misery as I could; And must therefore humbly beseech Your Lordships, To look upon me as a Stranger in Your Kingdom, and a Person (as I really am) Inconsiderable in my-self; and, consequently, incapable of doing the least Prejudice to any Government. For my Behaviour, I am willing to give the Best Sureties that I am able: But if that be not approved of, I hope Your Lordships will give me Leave to retire to some other Part of the World, where I may enjoy my Poverty with Freedom. But, let my Fate be what it will, I shall ever pray for Your Lordships Particular Welfare, as well as the General Prosperity of the Kingdom. And so resign my-self, with the utmost Humility, to Your Lordships great Clemency, Justice, and Compassion.

Law

THE SPEECH OF Mr. George Kelly.

The speech of Mr. George Kelly. Spoke at the Bar of the House of Lords [...] In his defence against the bill then depending, for inflicting pains and penalties upon him [...]

LawB1738

SIR, IT has been a common Remark among those who have observed upon the capricious Dispensations of Fortune, that great Events are often produced by Instruments that are not seemingly adequate; nay, that the same apparent Causes have quite contrary Effects; and the Road that leads one Man to Wealth, Honour, and Power, sometimes carries another to Poverty, Infamy and Ruin. Hence comes that confused Distribution of Axes and Coronets, Halters and Ribbons, which History displays by numerous shocking Examples; and thus it is, that Fate seems to play at Crosspurposes with Mankind; or to speak in Scripture-phrase, in this Sense as well as many others, the Wisdom of this World is Foolishness. I find myself drawn into these grave Reflections, by reading the Trial of John Peter Zenger, at New-York, upon an Information for Printing and Publishing a Libel. This Piece, it seems has been lately printed there, and was put into my Hands, t'other Day, by a Friend who has both a general Acquaintance and a Correspondence with the Northern Nothern Colonies, as a rare Production, containing many Things new and surprising. And in Truth I must say it affords a lively Specimen, in Miniature, of the Justness of the fore-going Remarks. I mean that Part of it which is attributed to Andrew Hamilton, Esq; of Philadelphia, Barrister at Law; together with the Sequel, describing the munificent Behavior of the Citizens in Common Council assembled, to the learned Gentleman, for his singular Performance on that Occasion. I must at the same Time assure you, that if Zenger's Trial had been printed by Order of the Court that tried him, or from a Copy taken by a private Hand at the Trial, or by any other Means that excluded Mr. Hamilton's Approbation or Privity, I should have enjoy'd my own Opinion, without troubling you or any body else about it, and had the Charity to resolve all the Extravagancies that occur throughout his Declamation, into a right Discernment of the People he talk'd to, and a Dexterity in captivating them, which had its Effect in the acquittal of his Client. But when a Gentleman of the Bar takes the Pains to write over a long Discourse (he being the only Lawyer of either side who gave the Printer his Notes) in order to send it abroad through the World, as a Specimen of his Abilities, Sentiments and Principles; as a solemn Argument in the Law, fit to see the light and abide the Test in all Places; and, above all, as a Task of Duty, which he thought himself bound to perform, even by going to the utmost Parts of the Land for the Purpose; and all this, without Fee or Reward, under the Weight of many Years and great Infirmities of Body: Zeng. Trial, P. 29, 31, When a Barrister, I say, thus becomes a Volunteer for Error, and presumes to obrude bad Law and false Reasoning upon the Sense of Mankind, because the sage Magistrates of New-York have put their Seal to it; I think my self at Liberty without using any other Apology, to exercise the judging Privilege of a Reader, since the Gentleman himself has put me into the Possession of it. In doing this, I shall not in the least gratify a vain Itch of Writing, for there are no extraordinary Talents necessary for refuting gross Absurdities; but I shall have the honest merit of endeavouring to undeceive such of my Fellow-Subjects in the Plantations as may, from the late uncommon Success of the Doctrine, mistake the Liberty of the Press for a Licence to write and publish infamous Things of their Superiours and of all others, at their Pleasure, provided they write and publish nothing but what is true. In the next place, I would preserve, as far as I am able, the Dignity of the Profession of the Law in these remote Parts of the British Dominions; and prevent its learned Professors in England, who probably will see the renowned Piece above mentioned (if we may judge from the industry used in dispersing it) from suspecting that all their American Brethren use the like Arts to gain Popularity and honourable Rewards. The former, having the Advantage of going daily to the great School of Law at Westminster, are already apt enough to think meanly of the Accomplishments of the latter who are far removed from Instruction; and their Opinion must be strongly confirmed in this Respect, if such a Rhapsody as was utter'd at New-York, should not only be applauded and rewarded publickly there, but printed and scatter'd in Reams through the other Colonies, without being followed by a suitable Animadversion. Neither will it be amiss to take some Notice, in this Place, of the Quackery of the Profession in general, without any particular Application, as it has been practised with vast Success in some of our Colonies. You will often see (if common Fame may be trusted) a self-sufficient enterprising Lawyer, compounded of something between a Politician and a Broker, who making the Foibles of the Inhabitants his Capital Study, and withal taking Advantage of the Weakness of his Judges, the Ignorance of some of his Brethren, the Modesty of others, and the honest Scruples of a third Sort (without having any of his own) becomes insensibly an Oracle in the Courts, and acquires by Degrees a kind of Dominion over the Minds as well as the Estates of the People. An Influence never to be obtained but by the Help of Qualities very different from Learning and Integrity. Wherever such a Man is found, the Wonder is not great, if from a long Habit of advancing what he pleases, and having it received for Law, he comes in Time to fancy that what he pleases to advance is really Law. I have taken the Pains, during this short Vacation between our Monthly Courts, candidly to examine this new System of Libels lately composed and propagated on the Continent; the Discovery of which cost the good City of New York, five Ounces and a half of Gold, a Scrip of Parchment, and three Latin Sentences. P. 31, 32. My intention is to consider Things, not Persons, having no other Knowledge of the Gentleman principally concern'd than what is deriv'd from the Paper now before me; and being wholly a Stranger to the Merit of those Disputes that gave Rise to the Prosecution of this Printer. Much less shall I turn Advocate for any Lawless Power in Governors. God forbid I should be guilty of such a Prostitution, who know by Experience of what Stuff they are commonly made; the wrong Impessions they are apt to receive of themselves and others; their passions, prejudices and pursuits; tho' when all reasonable Allowances are made for certain Circumstances that attend their Mission from home and their Situation abroad, a considerate Person may be tempted to think: --- it is well they are no worse than they are. But to come to my Remarks on Zenger's Trial. IN considering the Defence made for the Defendant (Mr. Zenger) by his Council (Mr. Hamilton) upon not Guilty pleaded to an Information for printing and publishing a Libel, it is not to the purpose to enquire how far the Matters charged in the Information are in their Nature Libellous, nor whether the Innuendoes are properly used to apply the Matters to Persons, Things and Places. It is only necessary to examine the Truth of this single Proposition, upon which the whole Defence is grounded, and to which the several parts of it refer; namely, that the several matters charged in the Information, are not and cannot be libellous, because they are true in Fact. This is the Cardinal Point, upon which the learned Gentleman's whole Argument turns, and which he lays down over and over, as the first Principle that governs the Doctrine of Libels; Zeng. Trial, p. 12, 13, 22. and accordingly he confesses the printing and publishing of the Papers laid in the Information, and puts it upon the King's Council to prove the Facts contain'd in them to be false; alledging, at the same Time, that unless that were done, the Defendant could not be Guilty; p. 15,16. but if the same were prov'd to be false, he would own the Papers containing them to be Libels. To this, it seems, the Attorney-General answered, that a Negative is not to be proved; and the other replied in these Words, which I chuse to set down, that I may not be thought to do him wrong. p. 19. ------- I did expect to hear that a Negative cannot be proved; but every body knows there are many Exceptions to that general Rule: For if a Man is charged with killing another, or stealing his Neighbour's Horse; if he is innocent in the one Case, he may prove the Man said to be killed to be still alive; and the Horse said to be stolen, never to have been out of his Master's Stable, &c. And this I think is proving a Negative. Now I must think, that it is strange a Gentleman of his Sagacity, who owns he was prepar'd for the Objection, could not yet hit upon some of these many Exceptions which every body knows. For he does no more than give two Instances of One Affirmative being destroy'd by another that infers a Negative of the first; at which Rate most Negatives may be proved, and then the old Rule may be discarded. Thus, if it is shewn that a Man is alive, it follows clearly that he was not kill'd; and if a Horse is proved to have been always in his Master's Stable (for this is what must be understood of his being never out of the Stable) it certainly follows that he could not be stolen. So that, according to this new Scheme of Proof, he who is accus'd of killing a Man, or stealing a Horse, is to be put upon proving that he did not kill or steal; because it is possible that such Proof may be had sometimes: And so in the principal Case, if a Question arises whether a certain Magistrate has done particular Acts of Injustice of not, the Method is to shew that he did not do such Acts, not that he did them. I have touch'd upon this, not for its importance, but as a Specimen of the learned Barrister's manner of reasoning, and of the Spirit with which he sets out from the beginning. At length, however, he takes the Onus probandi upon himself, and rather than the Thing should go un-prov'd, generously undertakes, at his Client's Peril, to prove the Matters charged in the Information as libellous, to be true. p. 18. But I would be glad to know, by the way, how this undertaking Gentleman could have proved the Truth of divers Facts contained in the paper which the Defendant published, supposing the Court had been so much over-seen as to let him into a Proof of this Sort. Could he prove, for Example, that Judges were arbitrarily displaced, and new Courts erected, in the Province of New-York, without Consent of the Legislature? For I am credibly inform'd, there never was a Pretence or Surmise of more than One Judge being displaced, or more than one Court erected under Mr. Cosby's Administration, both which happen'd upon one and the same Occasion. Now I would not have this esteem'd a captious Exception, when I have to deal with a Man of Law, who must or ought to know, that if such a Justification as he offer'd were at all allowable, it ought to be full and express, so as to leave no Room for the Libeller to multiply and exaggerate Facts, at his Pleasure, when he is disposed to traduce Persons in Authority; there being a manifest Difference between a single Act of Power without or against Law (from which perhaps few Governments have been free) and an habitual Abuse of Power in repeated Instances of the same Species. I would further ask, how he could prove that the Law it self was at an End, and that Trials by Juries were taken away when a Governor pleased; for if I mistake not, he was, at that Time speaking to a Jury in a regular Court of Law, and in a Prosecution which the Governor had much at Heart (as the Gentleman himself insinuates) and would have been highly pleased to convict his Client, yet would not attempt it but in the ordinary Course of Trial by a Jury, and then too could not find a Jury that would convict him. I think I am warranted in putting these Questions, even by the Authority of the Barrister himself, who says, Truth ought to govern the whole Affair of Libels, and yet the Party accused runs risque enough even then; for if he fails of proving every Tittle he has wrote, and to the Satisfaction of the Court and Jury too, he may find to his cost, &c. p. 22. But for the present I will suppose Mr. Hamilton was able to prove all these Things; nay, that the Jury knew them all to be true. I will go farther and allow, that Juries in Criminal Cases may determine both Law and Fact when they are complicated, if they will take such a Decision upon their Consciences (which is almost the only Point in which I can have the Honour of agreeing with him) yet after all these Concessions, the main Question rests still between us, viz. Whether a Writing can be a Libel, in legal Acceptation, if the matter contained in it be true. He is pleased indeed, to express his Dislike of infamous Papers, even when they are true, if levell'd against private Vices and Faults; and in this Case he calls them base, unworthy, scandalous, unmanly and unmannerly. p. 19, 20. But surely it might be expected, when a Point of Law was in question, that he would have told us whether they were lawful or unlawful, innocent or criminal, since these last are the only Epithets that were relative to his Subject, tho' the first might have their Weight in a Sermon or moral Essay. But it is plain, he was aware of the Consequence of being explicit upon this Head, for had he own'd such Writings to be lawful, because true, he would have alarmed the Common Sense of Mankind, by opening a Door for exposing at Mercy, the Frailties, Vices, Defects and Misfortunes of every Person high and low, which must inevitably destroy the Peace of Families, and beget ill Blood and Disorders. If on the other hand, he had acknowledg'd such Writings to be unlawful inasmuch as they concern'd private Miscarriages and Transactions; but that every Man might write as much Truth as he pleased about the Administration of the Government, not only by pointing out Faults and Mistakes, but by publishing his own Comment and Inferences in Order to fill the Minds of the People with all the Jealousies and Apprehensions his Imagination can form; it must have shock'd Men of Understanding to be thus told, that the Law had provided against private Quarrels and Breaches of the Peace occasion'd by virulent Writing, but had taken no Care to prevent Sedition and publick Disturbance arising from the same Cause. His Favourite Position, however, was to be maintain'd at all Events; and therefore when the Chief Justice rightly instructed him, that he could not be admitted to give the Truth of a Libel in Evidence, that the Law was clear that he could not justify a Libel; for it is nevertheless a Libel that it is true; p. 16. the discerning Gentleman was pleas'd to understand by the Word justify, a Justification by Plea, as it is in the Case of an Indictment for Murder, or an Assault and Battery; there (says he) the Prisoner cannot justify, but plead not guilty; yet in Murder, he may prove it was in Defence of his Life, his House, &c. and in Assault and Battery, he may give in Evidence, that the other Party struck first, and in both these Cases he will be acquitted. If the Party in either Case is acquitted, the Reason is I presume, because the Matter given in Evidence amounts to a Justification in Law of the Fact charged on him, and is equivalent to a Confession and Avoidance in pleading. In like manner, if Truth be a sufficient Justification of a Libel, the Defendant will be acquitted upon proving the Contents of his Paper to be true. Now let it be observed, that the Words of the Book which the Chief Justice relied on are these. It is far far from being a Justification of a Libel, that the Contents thereof are true since the greater Appearance there is of Truth in any malicious Invective, so much the more provoking it is. That this is good Law, I hope I shall be able to shew fully hereafter, as I shall shew, in the mean time, that it is an express Authority against the well-read Barrister, who declares, he has not in all his reading, met with an Authority that says, he cannot be admitted to give the Truth in Evidence, &c. p. 16 He seems to take it for granted (and I shall not dispute it with him now) that Matter of Justification cannot, in any Case, be pleaded specially to an Indictment of Assault or Murder; but the Party is to take Advantage of it in Evidence upon not Guilty pleaded. Let it be so; yet still this Matter must be a sufficient justification, or the Party can have no Benefit from it any way. In an Action of Assault and Battery, where the first Assault must be pleaded specially; the Matter of Justification is just the same, as in an Indictment for the same Offence, where it must be given in Evidence upon the General Issue. I ask then, whether the first Assault is a Justification in an Indictment of Assault and Battery? If the Barrister should answer Negatively, such Answer is against all Sense, for the Party is acquitted by virtue of the Justification only. If he should answer Affirmatively, he is inconsistent with himself, for he has but just affirm'd that when the Book says, Truth is no Justification, it must be understood of a Justification by Plea, by which he must mean that nothing else is a Justification but what is pleaded, or he must mean nothing at all. For the Words of the Book are, it is far from being a Justification &c. it is not said, you are far from being at Liberty to plead it in Bar. In truth, the Author is not there speaking of the Forms and Rules of Proceedings upon Libels, but upon the Substance and Nature of the Crime, what shall and what shall not excuse or justify it. 1 Hawk. Ch. 73. [sect] 5,6,7. This is manifest from the Reason subjoined to support his Assertion, viz. since the greater Appearance there is of Truth, &c. which is a solid Reason grounded on the Wisdom of the Law, which punishes Libels even against private Persons, as Publick Offences, because they provoke Men to Acts of Revenge and Breaches of the Peace. I hope it will not be said that a Libel is less provoking, because the Truth of it is to be given in Evidence, than if it was to be pleaded in Bar. But all this is Star-Chamber-Doctrine with the Barrister, and the very mention of that Court serves him for an Answer to every Thing, for which he has no other Answer; because the Memory of that Tribunal is justly detested on account of many illegal and exorbitant proceedings. No; this is the Authority of Mr. Serjeant Hawkins (tho' he uses Marginal References to some Start-Chamber Cases) whose Name is too great to receive any Addition from this Paper, and who after a long and studious Search in the Crown-Law, laid down this Proposition for Law at the Time he wrote his Book; and I believe it will appear in the Sequel that he was not mistaken. And now I come to join Issue with the Barrister upon this Point, whether Mr. Serjeant or he is in the right; or in other Words, whether Falsity in Fact be essential to a Libel, so that the Truth of the Fact may be given in Evidence to prove Writing to be no Libel. He maintains the Affirmative of the Question, both from what he understands to be the Authorities in the Case, and from the Reason of the Thing. Zeng. Trial, p. 16. All which shall be consider'd in their Order. The Authorities cited by Mr. Hamilton to support the Proposition formerly stated consist principally of Four Cases, which I shall consider in the Order as they were produced. The first is the Case of John de Northampton, 18 Ed. III. 3 Inst. 174. which he observes does not appear to have been a Case upon an Information, but that he has good Grounds to say it was upon an Indictment. Zeng. Trial, p. 16. This is what I shall not contest with him, because it is not material, or indeed easy to be determin'd, whithout seeing the Record; tho' I conceive there are Grounds to say it was not upon an Indictment, as was the Case of Adam de Ravensworth, mentioned by LordCoke in the same Chapter. The Case, however, stands thus; "John de Northampton, an Attorney of the King's Bench wrote a Letter to one Ferrers, one of the King's Council, that neither Sir William Scot Chief Justice, nor his Fellows the King's Justices, nor their Clerks, any great Thing would do by the Commandment of our Lord the King &c. which said John being called, confessed the Letter, &c. Et quia prædictus Johannes cognivit dictam literam per se scriptam, Roberto de Ferrers, qui est de concilio Regis, quæ litera continet in se nullam veritatem: Prætextu cujus Dom. Rex erga Curiam, & Justiciarios suos habere posset indignationem, quod esset in Scandalum Justic. & Curiæ. Ideo dictus Johannes committitur , &c." Here says the Barrister, by this Judgment it appears the libellous Words were utterly false, and there the Falshood was the Crime, and is the Ground of the Judgment. For my own part, I can neither see Truth nor Falshood in the Words at the Time they were wrote, for they refer to a future Contingency that might or might not be as he said; and in this respect, they were the same as if the Man had said, the Roof of Westminster-Hall would fall upon Sir William Scot and his Fellows. Besides, the Words taken by themselves have no ill meaning; for I imagine it will be allowed that most of the great Things which Judges do, as Judges, are such as ought neither to be done nor left undone by the King's Commandment. Where then was the Offence? The Record, I think, shews that in the following Words; prætextu cujus Dom. Rex erga Curiam & Justic. suos habere posset indignationem, &c. Ideo dictus Johannes committitur , &c. It is observable, that the Author of this Letter was an Attorney of the Court, and by the Contents thereof he presumes to undertake for the Behaviour of the Judges in some great Matters that concerned their Office. The Letter was address'd to a Person who was of the King's Council and might possibly communicate the Contents of such a Letter to the King; the consequence of which might naturally be that Dom. Rex habere posset indignationem erga Curiam, &c. for great Things were some times done, in those Days, by the King's Commandment; and the Judges, besides, held their Posts at Will and Pleasure. The Words, quæ litera continet in se nullam veritatem , were therefore proper for the Judges to insert, in order to acquit themselves to the King; but they are no more the Ground of the Judgment than these other Words, qui est de Consilio Regis ; both being only incidental Clauses that some in by way of Description: For it is not said; Quia litera a prædicta continet in se nullam veritatem. After all, I would not have this Construction of the Case, plain and natural as it is, pass meerly upon my own Credit; for I shall shew that this Case was so understood by one of the greatest Lawyers of his Time, before Lord Coke's 3d Inst. appear'd in the World. 21. Jac. B.R. Tanfield v. Hiron. Godb. 405, 6. The Plaintiff brought an Action upon the Case against the Defendant, for delivering of a scandalous Writing to the Prince, &c. Noy for the Plaintiff cited, 18 Ed. III. a Letter was sent to Ferrers, one of the King's Council, the Effect of which was, that Scot Chief Justice, and his Companions of the same Bench, would not do a vain Thing at the Command of the King; yet because he sent such a Letter to the King's Council, altho' he spake no Ill, yet because it might incense the King against the Judges, he was punished. If no Ill was said, will it be pretended that the Falshood of what was said could be a Reason for punishing a Man? Is it not ridiculous to say that the Falshood of innocent or insignificant Words can be Criminal? This Book, therefore follows the Record of Northampton's Case, and says; because it might incense the King against the Judges he was punish'd; which is almost a Translation of prætextu cujus, &c. which was the Ground of the Judgment, Ideo Committitur . The next Case which the Barrister called to his Aid, is that of the Seven Bishops. State Trials, Vol. 4 and here he relies on a Flourish of one of the Council for the Bishops, and a dubious Expression of one of the Judges, separated from the rest of his Discourse. Sir Robert Sawyer, 'tis true says, Both the Falsity of it (the Libel) and that it was malicious and seditious, are all Matters of Fact, which they (the King's Council) have offer'd to the Jury no Proof of, &c. This I must confess, proves on Point to which the Barrister adduced it, viz. that he was not the first who insisted, that to make a Writing a Libel, it must be false. p. 17. And when I have allow'd this, I may almost venture to say, it is the only Point he does prove from the Beginning to the Ending of his long, elaborate Speech. Let me however, oppose to this the Reply of Sir Thomas Powis, in these Words; whether a Libel be true or not, as to the Matter of Fact; was it ever yet permitted in any Court of Justice to be made a Question; on whether the Party is punishable for it? And therefore I wonder to hear these Gentlemen say, that because it is not a false one therefore it is not a Libel, fol. 382. Mr. Justice Powel also does say, that to make it a Libel, it must be false; it must be malicious; and it must tend to Sedition. Upon which Words of this learned and worthy Judge; I would not presume to offer any Comments, except that which other Words of his own afford; that plainly shew in what Sense he then spoke. His subsequent Words are these; they (the Bishops) tell his Majesty, it is not out of Averseness to pay all due Obedience; nor want of tenderness to their Dissenting Fellow-Subjects; but because they do conceive the Thing that was commanded them, was against the Law of the Land; they say, they apprehend the Declaration is illegal, because it is founded on a Dispensing Power; I do not remember in any Case in all our Law, that there is any such Power in the King; and the Case must turn upon that. In short, if there be no such Dispensing Power in the King, then that can be no Libel, which they presented to the King, which says that the Declaration, being founded upon such a pretended Power, is illegal. So that the Judge put the whole upon that single Point, whether it be true that the King had such a Dispensing Power, or not; which is a Question of Law, and not of Fact; and accordingly the Judge appeals to his own Reading in the Law, not to Witnesses or other Testimony, for a Decision of it. In truth the Petition of the Bishops is not capable of having Falshood or Truth apply'd to it in any other Sense, there being nothing else affirm'd or deny'd in it, but that they thought they could not do what was commanded them because it was against the Law. This was the Behaviour; these were the Sentiments of that upright Judge, that gain'd him so much Honour among all good Men, as the Barrister takes Notice; not any Opinion of his, that the Contents of a Libel must be false in Fact, to make it a Libel; as he would unfairly insinuate. Sir Samuel Barnardiston's Case is the third that is touch'd upon; and here too the Gentleman finds nothing that can be strain'd to his Purpose, but the Defendant's Council insisting on the want of proof to the Malice and seditious Intent of the Author. He seems to have forgot that the same Gentleman insisted also to have it proved, that the Defendant was a Person of a turbulent and unquiet Spirit, because these Words were set forth in the Information,and he takes no manner of Notice how all this was answer'd, which I must now do for him, in the Words of the Court; certainly the Law supplies the Proof, if the Thing it self speaks Malice and Sedition. As it is in Murder; we say always in the Indictment, he did it by the Instigation of the Devil: Can the Jury, if they find the Fact, find he did it not by such Instigation? No, that does necessarily attend the very Nature of such an Action or Thing. So in Informations for Offences of this nature, we say, he did it falsely, maliciously, and seditiously, which are the formal Words; but if the Nature of the Thing be such as necessarily imports Malice, Reproach and Scandal to the Government, there needs no Proof but of the Fact done; the Law supplies the rest. How shall any Man prove another Person's Malice, which is a Thing that lies only in a Man's mind? How should any Man know that I am malicious against the Government, but by my Actions? These Words, indeed, were pronounc'd by the Chief Justice Jefferies, who was then the Mouth of the Court; but tho' he was really an intemperate Judge (or a Monster, as the Barrister, in his Bar-Language, delights to call him) yet I may safely refer it to all Men of Law, whether these Words could have discredited the best Mouth that ever spoke upon that Bench. p. 17. State-Trials, vol. 3. 851. An Instance of this Sort may not be impertinent, where a Chief Justice (who was no Monster) addresses himself to a Jury, that was trying a Libel, in this manner: I will not repeat the Particulars to you, only something to what the Defendant has said, that you may not be misled. He says, it does not appear that he did it maliciously or knowingly. There are some Things that you that are of the Jury are not to expect Evidence for, which it is impossible to know but by the Act it self. Malice is conceiv'd in the Heart, no Man knows it, unless he declares it: As in Murder, I have Malice to a Man; no Man knows it. I meet this Man and kill him; the Law calls this Malice. If a Man speak scandalous Words against a Man in his Calling or Trade; he lays his Action, Malice; tho' he cannot prove it but by the Words themselves; you may see, there is Malice supposed to a private Person in that Slander, much more to the King and the State. State-Trials, vol. 2. 537. Tuchin's Case, the Barrister does not properly cite, but endeavours to answer as a Case urged against him by the King's Council; and therefore I shall observe upon it in another Place. But the Case of Cases is still behind, which he reserved for the last, to make the Point clearer on his side, than all the rest put together could do. p. 17. It is Fuller's Case. State-Trials, vol. 5. 445, 6, 7, 8. And it deserves notice, that altho' Fuller was charged with writing a Libel, yet that was not the Gift of the Information. He was, in truth, prosecuted for being a Cheat and Impostor, by Order of the House of Lords, as the King's Council declare in the Opening. The Information accordingly sets forth, "That W.F. intending the late King William and his Subjects to deceive, and to get several great Sums of Money fraudulently and deceitfully from the said King; concerning a Correspondency between divers Officers and Subjects of the said late King, and the late King James falsely pretended to be had; did write and Print a Libel, intituled, Original Letters, &c. with the Deposition of T.J. and T.F. Esqrs. proving the Corruption lately practised in this Nation; and the said W.F. afterwards did publish, utter, and for Truth affirm the said several false and scandalous Libels, without any lawful Authority; whereas in Truth the said T.J. did not depose upon his Oath as is contained in the said false and scandalous Libel; but the said scandalous libels are false, feigned, and altogether contrary to Truth , &c." Here it is manifest he was accused of a Cheat, in Forging the Correspondence and the Depositions just mentioned, with a Design of getting Money by his pretended Discovery. And hence it comes, that the Judge very properly asks him, have you any Witnesses? If you take upon you to write such Things as you are charged with, it lies upon you to prove them true, at your Peril. How come you to write those Books that are not true? If you have any Witnesses, produce them. Thus said, and thus did that great Man, Lord Chief Justice Holt; p. 17 but not upon a Trial of the like kind with Mr. Zenger's, as his Council would have it thought. For in this Case the Cheat and the Imposture was the Offence, which consisted wholly in the falsity; that is, in affirming such Things for Realities, when they were nought but Fictions. On the contrary, had he been able to prove those Letters and those Depositions to be authentick, the discovery would have been valuable, and might intitle him perhaps to Favour and Protection instead of Punishment; however irregular he was in taking such a Method to publish Matters of that high Consequence. After this, let the learned Barrister, in all his Reading, shew an Information or Indictment for a Libel, where the Falsity is assigned in Form with ubi re vera, as the Foundation of the Offence; which is done in Fuller's Case; and then I will acknowledge that the Questions put here by Lord Holt, would have been proper upon the Trial of his Client. This is the Sum of the Barrister's Law-Cases. And is it not high Time to ask, whether such gross Misrepresentations of the Books can proceed from Ignorance or Disingenuity? Be that as it will; it might certainly be expected, that a Proposition advanced with so much Assurance, by a Man of Years and Reading, should have been supported by some One Authority in Point, rather than by a Series of low Prevarication and Quibble. Could he not find in all the Book-Cases and Trials at large concerning Libels (which are sufficient of themselves to make a large Volume) one Example of Proof being received to the Truth or Falsity contained in a libellous Writing? Indeed there is nothing like it to be found; tho' the Occasions have been many, where such Proof might be had, if it were proper; nay, where the Truth of the Thing was notorious to all Men, and yet no Question ever moved concerning it. This shall fully appear in the Sequel. If any thing can be necessary further to expose Mr. Hamilton's Doctrine of Libels after answering his own Cases, it is only to subjoin some others that will shew how much he is mistaken in almost every thing he has offer'd on the Subject. I shall therefore mention a very few, that will bear a particular Application to his crude Notions, without entering into a Multitude of others, to tire the Reader. 16 Car. 2. The King v. Pym. I Sid. 219, B.R. Pym was indicted at Exeter for a Libel, which he deliver'd to a Parson to be publish'd in Church there, and was to this Effect; you are desired to be wail the Sodomitry, Wickedness, Whoredom, Lewdness, that is of late broken out in this formerly wellgovern'd City; that God would turn their Hearts from committing those Wickednesses which go unpunished by the Magistrates. Pym confess'd the Indictment, and was fined 100 l. He afterwards brought a Writ of Error, and assign'd for Error that this was no Offence, because tho' he says, go unpunished by the Magistrate; yet he does not say that the Magistrate knew of it, and Wickedness unknown can't be punished. It was answer'd by the Court, that this contains matter of great Scandal to the Government of the City, for it makes the late Government better than the present, &c. Hide, Twisden, Keelyng, Windham Just. I have pitch'd upon this Case, because the Barrister is fond of comparing the Plantations to large Corporations; and he will find here, that even those are not left to the Mercy of Libellers, altho' they do not put in a Claim to the Sacred Rights of Majesty: Zeng. Trial, p. 14. And that a Misbehaviour of this kind to the Magistrates of a Corporation is not entirely innocent, because it is not to be judged of, or punished, as a like Undutifulness would be to our Sovereign. p. 14 This Case was adjudged about four Years after the Restoration, when the Memory of the preceding Usurpation was fresh in every body's Mind. It is strange therefore Mr. Pym did not put himself on his Trial at Exeter, for it was evident beyond Contradiction to the People of that Age, from their own knowledge, as it is now to us from History, that the Wickedness specified in the Libel was restrain'd by a stricter Hand before, than after the Restoration. But this notorious Truth, it seems, did not avail Mr. Pym. 22 Car. 2. the King v. Saunders. Raym. 201. B.R. Information for writing a scandalous Libel to H. Rich. who was indebted to him, and kept him out of his Money three Years by obtaining a Protection, and at length getting into the Prison of the King's Bench. Saunders wrote him a Letter, wherein he tells him; that if he had any Honesty, Civility, Sobriety or Humanity, he would not deal so by him; and that he would one Day be damned, and be in Hell for his Cheating; and cited several Places of Scripture to make good his Allegations. The Defendant was found Guilty, and moved in Arrest of Judgment, that the Substance of the Letter is not Scandalous, but impertinent and insignificant, &c. Cur. The Letter is provocativce, and tends to the incensing Mr. Rich to break the Peace. The Court adjudged the Letter scandalous, and fin'd him 40 Marks. Keelyng, Twisden, Rainsford, Moreton, Inst. I would entreat the clear-sighted Barrister to look carefully into the Words of this Libel, and try if he can discover any Truth or Falshood in them that was capable of Proof. And I must remark upon both these Cases, that tho' they were adjudged in the Reign of K. Charles II. yet neither of them was upon a State Prosecution, or at a Time when the Spirit of Plots and Factions had infested the Courts of Justice; but they remain unquestionable Authorities at this Day. State-Trial vol. 5. The Case of Tutchin is strong against him; a Case adjudged since the Revolution, before that learn'd and upright Judge Sir John Holt, and plainly shews the Fallacy that runs throughout his whole Argument. The Points insisted on by this Chief-Justice, in his Charge to the Jury, were these; to say that corrupt Officers are appointed to administer Affairs is certainly a reflection on the Government. If People should not be called to an Account for possessing the People with an ill Opinion of the Government, no Government can subsist; now you are to consider, whether these Words I have read to you do not tend to beget an ill Opinion of the Administration of the Government; to tell us that those that are employ'd know nothing of the Matter, and those that do know are not employ'd. Men are not adapted to Offices, but Offices to Men, out of a particular Regard to their Interest, and not to their Fitness for the Places. This is the Purport of these Papers. If this was the Purport of the Papers, and so criminal as hath been just said, it is amazing surely that Mr. Tutchin did not offer to prove the Truth of these Allegations, and thereby take out their Sting! Could not he possibly think of as many corrupt or incompetent Officers, Ecclesiastical, Civil or Military in England prefer'd by Interest rather than Merit, as there were Judges displaced and Courts erected in New-York? Or if he was restrain'd by the hard-hearted Judge, from desporting himself in this pleasant and spacious Field; could he not apply to the private Knowledge which the Jurors (as well as the rest of Mankind) had of these Matters? For I imagine it will be allowed, that if no Instances of this sort could be shewn at the Time of Tutchin's Trial, it was the only Period within the Memory of Man, or the reach of History, that wanted the like. But the misfortune was, the poor Man was not bless'd with such skilful Council as is to be had in Philadelphia, to think of these good things for him; p. 18. otherwise you might have heard an alert Advocate (after returning thanks to his Lordship for nothing) address himself to the Jury in this or the like eloquent Strain; then, Gentlemen of the Jury, it is to you we must appeal for Witnesses to the Truth of the Facts we have offer'd, and are deny'd the Liberty to prove; the Law supposes you to be summon'd out of the Neighbourhood where the Fact is alledged to be committed; and the Reason of your being taken out of the Neighbourhood is, because you are suppos'd to have the best Knowledge of the Fact that is to be tried. And were you to find a Verdict against my Client, you must take upon you to say the Papers referr'd to in the Information, and which are proved to be written and published by us, are false, scandalous and seditious. You are Citizens of London, honest and lawful Men, and the Facts which we offer to prove were not committed in a Corner; they are notoriously known to be true. And as we are deny'd the Liberty of giving evidence to prove the truth of what we have published, I will beg leave to lay it down as a standing Rule in such Cases, that the suppressing of Evidence ought always to be taken for the strongest Evidence, and I hope it will have that Weight with you. Lay your hands upon your Hearts, Gentlemen, and recollect. Do none of you know; nay, do not all of you know certain Persons, who shall be nameless, that have been lately promoted by Favour and Interest, to Places of Trust and Profit both in Church and State, Army and Navy; whom you must know and believe in your Consciences to be ill Men and no way qualified for such Preferment; as my sagacious Client has most seasonably remonstrated to the Neighbours, by virtue of that right which every free-born Subject hath of publishing his Complaints, when the Matters so published can be supported with Truth? p. 12, 22. But is Lord Holt asleep all this Time? Can any reasonable Man, who has but common Notions of Judicature, imagine that this great Judge would suffer such Trash as this to be thrown out in any Court where he sat in Judgment? But what must he have said if the Libeller before him had offer'd to prove, that the Law itself was at an end; that Trials by Juries were taken away when a Minister pleas'd; that no Man could call any thing his own, or enjoy any Liberty longer than those in the Administration would condescend to let him do it? Would he have said that these Things did not tend to possess the People with an ill Opinion of the Government; and that Governments might well subsist, tho' Men should not be call'd to an Account for publishing the like? or would he have said, it was no matter what Opinion the People had of the Government, nor whether it subsisted or not, provided these Assertions were true; and so have discharged the Man as a Publisher of precious and useful Truths to put the Neighbours on their Guard? But here also the Barrister lays hold of a Random-Question, put by one of the King's Council to Mr. Montague, who was for the Defendant, and was then touching upon the Affairs of the Navy. Saith the former; will you say they are true? now the latter had hinted as much as that these Things were true, but did it with that Caution which a Man of Skill uses, when he would say something in Support of a lame Cause, but don't care to press an Impropriety too far. For that learned Gentleman was very sensible, that if he had presum'd to insist expressly on the Truth of the Matters contain'd in his Client's Papers, a severe Reprimand was the best thing that could have befallen him. His Words are these; no body can say, that we never had any Mismanagements in the Royal Navy; and whenever that has happen'd, the Merchants of Englandin all Probability have suffer'd for it. But does the Judge, in his Charge to the Jury, vouchsafe to give this Matter any Answer, or so much as to mention it? Lord Holt did not usually pass by material Things that were offer'd in Defence of Persons tried before him; yet in this Case he makes no Questions or Scruple about the Truth or Falshood of Tutchin's Papers, altho' they contain'd many Things which his Lordship, the Jury, and all the World knew to be **** This candid Judge, however, puts the merits of the whole upon the Scandal of the Government, and the evil Tendency of such Writings. And therefore I must once more call upon the Northern Barrister to shew a single Instance where Witnesses have been produced by Council, and admitted by the Court to prove the Truth of a Libel. When he does this, it will deserve Consideration; but till then he may talk by the Hour without any Meaning. I could mention some Cases of a more modern Date, that have been adjudged in Westminster-Hall, when this wild Doctrine was not so much as thought of, and when it would not have been altogether useless had it been practicable; but I have chose to mention such only as are reported, that the Books may speak for themselves, and judge between us. But this Lawyer seems to be above having his Points of Law decided by the Authorities of the Law; and has something in Reserve, which may serve to overthrow not only what has been offer'd in this Paper, but even all the Books of the Law. This is what he calls the Reason of the thing, but is truly and properly a Sketch of his own Politicks; which leads me to shew that the true Reason of the thing here, agrees with the Law, and consequently both these are against this expert Master of Law and Reason. The Reason of the Thing, as well as it can be collected from a Heap of Particulars huddled together without Order and Method, may be reduced to the three following Heads. 1. The Form of an Information for a Libel, and the Necessity of knowing the Truth of Falshood of its Contents, in order to direct the Judges in awarding arbitrary Punishment. 2. The Right every Man hath of publishing his Complaints, when the Matters so published can be supported with Truth. 3. The Necessity there is of using this Right, in the Plantations especially, by reason of the Difficulty of obtaining Redress against evil Governours by any other Means. 1. It will not be improper to premise, under the first Head, that a Gentleman of the Law, who takes upon him to pronounce so magisterially as the Northern Barrister has done concerning Libels, ought to have consider'd well the Nature and Extent of his Subject. It might be expected that he is not unknowing in any Part of Learning necessary to fix his Idea of a Libel. And yet the present Case would appear to be quite different. This learned Gentleman might have inform'd himself by reading some of the ancient Laws before the Conquest, that when the Falsity of virulent Writings and Speeches was taken into the Description of the Crime, there was a specifick Penalty annex'd, viz. Cutting out the Offender's Tongue, Lamb. Sax. Laws. But this Severity seems to have fallen into Disuse under the Norman Kings; and accordingly Bracton, who wrote in the Reign of Henry III. gives a Description of these Offences as they were understood in his Days, wherein Falsity is neither express'd nor imply'd. These are his Words; Fit autem injuria, non solum cum quis pugno percussus fuerit, verberatus, vulneratus, vel fustibus cæsus; verum cum ei Convitium dictum fuerit, vel de eo factum Carmen famosum & hujusmodi. Fol. 155. Indeed here is no mention of Libels against the King or the State; the Reason of which seems plainly to be, that Offences of this Sort were considered as a Species of Treason, not only in that Age, but in several Ages after, notwithstanding the Statute 25 Ed. III. and tho' they have by happy Degrees dwindled into Misdemeanours, yet no body except the Barrister will say they are come to have a greater Indulgence from the Law, than the like Offences against private Persons. How far therefore Bracton's Acceptation of a Libel has prevailed ever since, must be submitted upon what has been offer'd in the preceding Part of the Remarks. Here the Barrister throws in a shrewd Question, arising from the Form of the Information which charges the Libel to be false. This Word FALSE, says he, must have some Meaning, else how came it there? I hope Mr. Attorney will not say he put it there by Chance; and I am of Opinion his Information would not be good without it. Zeng. Trial p. 15. By way of Answer to this, I must take Leave to put a Question or two in the same Strain. Suppose an Man brings an Action of Trespass, for violating his Wife, and he fairly sets forth the Truth of the Case, viz. That the Defendant by amorous Addresses, Letters, Presents, &c. did gain the Consent of the Plaintiff's Wife, and at length debauched her. I would ask whether an Action of Trespass thus laid can be supported? I fancy not; and yet this is a more just Account of the Matter, than when vi & armis, viz. Swords, Staves, Knives, &c. are introduced as Instruments of invading this tender part of our Neighbour's Property. Suppose further, a Man kills another whom he never saw or heard of before; and he is accused of Murdering him of Malice fore-thought. How come such Words to be put into an Indictment for a Fact so circumstanc'd? they must have some meaning, surely they are not put there by Chance; and I am of Opinion the Indictment would not be good without them. Why, there is this short Answer to be given to all these Childish Questions: There are many Words used in Pleadings of most kinds, sometimes for Aggravation, sometimes for Comprehension, often in Compliance with Antient Usage, which are not traversable, and many times are incapable of Proof. The Form of Indictments and Informations follows the Nature of the Fact, and sets it out in its worst Dress; and if the Fact is made appear to be unlawful, all the hard Names are supply'd by Implication of Law. This is not all quoth the Counsellor; it is said, that Truth makes a Libel the more provoking; well, let us agree for once, that Truth is a greater Sin than Falshood: yet as the offences are not equal, and as the Punishment is arbitrary; is it not absolutely necessary that they should know whether the Libel is true or false, that they may by that means be able to proportion the Punishment: for would it not be a sad Case, if the Judges, for want of a due Information, should chance to give as severe a Judgment against a Man for writing or publishing a Lye, as for writing or publishing a Truth? p. 16. Now is it not a sad Case, that he should want to be told, that Human Laws don't strictly regard the moral Pravity of Actions, but their Tendency to hurt the Community, whose Peace and Safety are their principal Objects; so that by this Standard only are Punishments measured. If this profound Sophister is of another Opinion, let him give a Reason why it should be a greater Crime in our Law, for a Man to counterfeit a silver Shilling than to cut his Father's Throat. 2. The right of remonstrating or publishing just Complaints, the Barrister thinks the Right of all Freemen: and so think I, provided such Remonstrances and Complaints are made in a lawful way. But when he comes to explain, it is not a Court of Justice, it is not an House of Representatives, it is not a Legislature that is to be troubled (as he phrases it) with these Things. Who then, I pray, is to be troubled with them, for the King it seems is out of the Question? let the Barrister speak for himself; they have a Right (says he) publickly to remonstrate against the Abuses of Power, in the strongest Terms, to put their Neighbours upon their Guard, &c. and in another Place, he speaks of it as a Hardship, if a Man must be taken up as a Libeller, for telling his Sufferings to his Neighbour. Now tho' I wish and hope as earnestly as he can do, that a free People may never want the Means of uttering their just Complaints, and of redressing their Wrongs too, when their Complaints are not heard; yet I always thought these Things were better understood than expressed in a Court ourt of Law; and I shall probably remain in that Opinion, till the learned Gentleman can produce something from the Common or Statute Law, to shew that a British Subject has a Right of appealing publickly to his Neigbours (that is, to the Collective Body of the People) when he is injur'd in his Person, Rights or Possessions. When I am assur'd that he can do this, I promise him I shall not grudge a Voyage to that Country, where Liberty is so well understood and so freely enjoyed, that I may receive the important Discovery from his own instructive Mouth. p. 29. I know the Law-Books assert the Right of Complaining to the Magistrates and Courts of Justice, to the Parliament, to the King himelf; but a Right of Complaining to the Neigbours is what has not occur'd to me. After all, I would not be thought to derogate, by any thing I have said or shall say, from that noble Privilege of a free People, the Liberty of the Press. I think it the Bulwark of all other Liberty, and the surest Defence against Tyranny and Oppression. But still it is a Two-edg'd Weapon, capable of cutting both Ways, and is not therefore to be trusted in the Hands of every Discontented Fool or designing Knave. Men of Sense and Address (who alone deserve publick Attention) will ever be able to convey proper Ideas to the People, in a Time of Danger, without running counter to all Order and Decency, or crying Fire and Murder thro' the Streets, if they chance to awake from a frightful Dream. But I must again urge, that these Points are not fit to be discuss'd in a Court of Justice, whose Jurisdiction is circumscribed by positive and known Laws. Besides, they take Place properly in a Sovereign State which has no Superiour on Earth; and where an injured People can expect no Relief but from an Appeal to Heaven. This is far from being the Case of Colonies; and therefore I come to shew, under the third Head, that the Barrister's Reason of the thingis no other than Reason inverted, which possibly may help the Projects of a Demagogue in America, but can never be reconciled to the Sentiments of a Lawyer, or the Principles of a Patriot; consider'd as a Subject of Great Britain. 3. I have hitherto been taught to believe, that when a brave and free People have resorted to Measures unauthoris'd by the ordinary Course of the Laws; such Measured have been justified by the extraordinary Necessity of the Case, which excluded all other Means of Redress. And as far as I understand the Constitution, and have heard Accounts of the British Colonies, such a Case cannot well hapen and has never yet happen'd among them. But here the Barrister is ready to ask, how must we behave when we are oppressed by a Governour, in a Country where the Courts of Law are said to have no coercive Power over his Person, and where the Representatives of the People are, by his Intrigues, made Accomplices of his Iniquity? certainly it can't be a new Discovery to tell this Lawyer; that as the Governour is a Creature of the Crown, so the most natural and easy Course is to look up to the Hand that made him. And I imagine it may be affirm'd (without catching an Occasion of offering Incense to Majesty) that if one half of the Facts contained in Zenger's Papers, and vouched for true by his Council, had been fairly represented and proved at home, Mr. Cosby would not have continued much longer in his Government; and then the City of New-York might have applied to it self the Inscription of the Gold-Box; demersæ leges, timefacta libertas, hæ tandem emergunt ; p. 32. with greater Propriety and Security, than could possibly be derived from the impetuous Harangue of any Lawyer whatsoever. I am the more embolden'd to say thus much, because tho' it is my Lot to dwell in a Colony, where Liberty has not always been well understood, at least not freely enjoy'd, yet I have known a Governour brought to Justice, within these last twenty years, who was not only supported by a Council and Assembly, besides a numerous Party here, but also by powerful Friends at home; all which Advantages were not able to screen him from Censure, Disgrace, and a Removal from the Trust he had abused. It is not always necessary that particular Persons should leave their Affairs and Families in the Plantations, to prosecute a Governour in Westminster-Hall, unless their Fortunes are equal to the Expence. For it is seldom seen that the Violence of a bad Governour terminates in private Injuries; inasmuch as he can't find his Account in any Thing less than what is of a general and publick Nature. And when this is the Case, I hope none of our Colonies are, even at this time, so destitute, but that they can find the means of making a regular Application to their Sovereign, either in Person or in his Courts at Westminster, as their Case may require. But the wild Inconsistency that shines through most parts of this Orator's Speech, is peculiarly glaring in that part of it now before me. p. 20. The Remedy which he says our Constitution prescribes for curing or preventing the Diseases of an evil Administration in the Colonies, I shall give in his own Words; has it not been often seen (and I hope it will always be seen) that when the Representatives of a free People are, by just Representations or Remonstrances made sensible of the Sufferings of their Fellow-Subjects, by the Abuse of Power in the Hands of a Governour, they have declared (and loudly too) that they were not obliged by any Law to support a Governour who goes about to destroy a Province or Colony, &c. One would imagine, at first Sight, that this Man had the same Notion, with the rest of Mankind, or just Representations and Remonstrances to the Representatives of a free People, which has ever been understood to be by Way of Petition or Address directed and presented to them in Form; in which Case it is hoped, that they, being moved by the Complaints of the People will stretch forth their Arms to help them. p. 21. But alas! we are all mistaken; for he tells us, in the same Breath, that the right Way is by telling our Sufferings to our Neighbours in Gazettes and News-Papers; for the Representatives are not to be troubled with every Injury done by a Governour; besides, they are sometimes in the Plot with the Governour, and the injured Party can have no Redress from their Hands; so that the first Complaint (instead of the last Resort) must be to the Neighbours, and so come about to the Representatives through that Channel. Now I would be very glad to know, what the Neighbours can do towards effecting the desired Reformation, that will be attended with so good Success and so few ill Consequences, as a regular Application to his Majesty would be. I would be pleasant, doubtless, to hear this Politician speak out and explain himself at large upon this Subject. I confess it surpasses my Comprehension to conceive what the Neighbours inspired with weekly Revelations from the City Journalist, can do with their Governour and Assembly, unless it be to reform them by those persuasive Arguments which the Major vis never wants good Store of. If this be the Patriot's meaning, his Words may possibly be understood; but without this meaning they are meer Jargon. In a word; I shall agree with the Barrister (and so take my leave of him) that the Liberty of exposing and opposing arbitrary Power is the right of a free People; p. 29. and he ought at the same time to admit, That the Order of Things and the Peace of Society, require that extraordinary Means should not be used for this Purpose, till the ordinary have failed in the Experiment. The supreme Magistrate of an independent Kingdom or State cannot always be controul'd by the one, and then the other is justified by that Consideration. But in Colonies that are from their Creation subordinate to their Mother-Country, there is no Person who is not controulable by regular and well known Methods of proceeding; and consequently there can be no absolute Necessity of flying to Extremities, at least in the first Instance. From all which, I conceive, it follows, that local Considerations, upon which the Gentleman lays so great Stress, conclude directly against him; and I hope the Security which the British Constitution affords to every Man's Person, Property and Reputation, as well as to the publick Tranquillity, is not lessen'd by any Distance from the Fountain of Power and Justice; but that a Libel is a Libel, and punishable as such in America as well as in Europe. I am sensible, there is a Freedom of Expression used in these Papers, of which I should disapprove in the common Cases of Controversy; but I found my self under a Necessity of shewing no Respect to the Performance under Consideration, unless I were to forfeit the little that might be due to the Remarks. For tho' a Lawyer is free, nay oblig'd by the Duty of his Profession, to make the most of the Cause he espouses, (his real Sentiments being suspended for that Time, by reason of the Biass under which he acts) yet when he draws his private Opinion into the Debate, and interests his Passions in the success of it, he then departs from his Character, and becomes a Party rather than an Advocate. In short, there is an Air of Self-sufficiency and Confidence mixt with the whole lump, enough to give a disrelish even to good Sense and good Law, but is nauseous beyond all bearing, when neither of these is found. Among Lawyers, I was sure this Lawyer deserv'd no Answer, and yet an Answer seemed indispensable, not only for the Reasons given at my setting out, but also in order to save many well meaning People from reverencing a piece of Buffoonry, that had been thrust into the World with so much florid Conceit and a Gold-Box tagg'd to the End of it. A piece, wherein the whole common-place of popular Declamation (equally adapted to all popular Occasions) is exhausted, and the Holy Scriptures brought in to season his Jokes. p. 27. But as this last seems design'd only for a Sally of Wit and Humour, I shall not offer to detract from its Merit; considering too it had so happy an Effect as to set the good People a laughing, when they heard the Word of God most ingeniously burlesqu'd in a Christian Court. A Piece that hardly shews the Author to have been serious when he pronounc'd it, or his wise Benefactors when they rewarded him; but that his solemn Professions of Principle and Duty compel a charitable Mind to suspect his Knowledge rather than his Sincerity, and Citizens are ever thought to be in earnest when they part with their Gold and shew their Learning. p. 31;32. Sir, I ought to make an Apology to you for trespassing so long upon your Patience, which might have been better employ'd; but I flatter my self with the Hopes of having some Allowance made for an honest, tho' weak Attempt to rescue the Profession of the Law, and the Interest of lawful Liberty from the Disgrace thrown upon both in One of our Sister Colonies. Ths is the Truth, and let it be my Excuse. I am yours, &c. Anglo-Americanus.

Law

REMARKS ON THE TRIAL OF John Peter Zenger, Printer.

Remarks on the trial of John-Peter Zenger , printer of the New-York Weekly Journal, who was lately try'd and acquitted for printing and publishing two libels [...]

MscA1643

VPon Wednesday the 23 of August, our red Regiment, of the Train'd Bands marched into the new Artillery ground, and from thence that night wee marched to Brainford, and came thither about one a clocke in the morning; from whence the next day many of our Citizens, who seemed very forward and willing at the first to march with us, yet upon some pretences and faire excuses returned home againe hiring others to goe in their roome; others returned home againe the same night before they came to Brainford. Upon Friday the 25 of August, wee advanced from Brainford to Vxbridge, where our Regiments were Quartered there that night, and marched away the next morning. Saterday the 26 of August we advanced to a Towne 6 miles beyond Vxbridge called Chaffan, where wee were quartered that night; at this towne a souldier belonging to Lievtenant Colonell Tompson was accidentally slaine by shooting off a musket by one of his fellow Souldiers though at a great distance from him, yet shot him in the head whereof hee died. Sabbath day 27 August, we advanced from Chaffan neere to a village called Chessun; this day the Blew Regiment of the Trained Bands, and the three Regiments of the Auxiliary forces met us upon a great Common about three miles from Chessun, our whole Regiment was quartered at one Mr. Cheyneys house an Esquire, where we were well accommodated for Beere having great plenty, tow or three hundred of us this night lay in one Barne. Monday the 28 of August, we advanced from thence to a towne called Asson-Clinton a little village 3 miles from Alesbury, wee continued here one day and two nights. Wednesday the 30 of August, wee advanced from thence to a village called Clayden; this day the Lord Generalls Army and our Regiments of the Trained Band, together with the Auxiliarie forces met at Alesbury; the great Guns were fired at every Fort about the Towne, as the Lord Generall passed by: This was the Fast day: our Regiment was quartered this night at Sir Ralph Verneys House a Parliament man; his Father the Kings Standart-bearer was slain at Edge hill. Thursday the 31 of August, wee advanced from thence to a village called Stretton-Araley; this night all our Brigade consisting of six Regiments; viz: Colonell Manwarings Red Regiment, two Regiments of Trained Bands, and three of the Auxiliary, were all quartered at this little village, it is conceived wee were in all of this Brigade about 5000. here was little provision either for Officers or souldiers, the night before we came hither, the Cavaliers were at Bister two miles from this village and 6 miles from Oxford but were beaten out of it by our souldiers and the Lord Generall with his army quartered there this night. Friday the 1 day of September, wee advanced from hence to a place called Bayards-greene in Oxford shire, being three miles distant from Brackley, and eight miles from Banbury, where our Brigade met my Lord Generall with his whole Army; whereat was great shouting and Triumph as he passed by to take a view of our Regiments, the whole Army being drawne up in their severall Regiments, continued there about an houre and then we marched away: It was a goodly and glorious sight to see the whole Army of Horse and foot together; it is conceived by those that viewed our Army well, that wee did consist of (to speake of the least) 15000 horse and foot, some speak of many more. This day good newes was brought to us concerning Glocester, and Exeter. From hence we marched this day to a village called Souldern, foure miles from Banbury, where our six Regiments that came from London were Quartered; and my Lord Generall and the rest of the Army were Quartered about a little mile from us, at a Market town called Ano on the hill; we were very much scanted of Victualls in this place. Saterday 2 Septem. wee advanced from hence to Hooknorton, 25 miles from Glocester, at which Village our whole Brigade was quartered. This day the Lord Generals Troops had some skirmish with the Cavaliers; it is reported there was eight slaine of the enemies party and one on ours. From hence we marched away the next morning. Sabbath day 3 Septemb. wee advanced from hence to a little Village called Addington about a mile from Stow the Old, the hithermost town in Glocester-shire, and about 20 miles from Glocester; where in our march this day, wee againe met the Lord Generalls Army, upon a great common about halfe a mile from Chippingnorton; at which place also our five Regiments departed from his Army, and marched to the Village aforesaid. The blew Regiment of the Train'd bands marched in the van and tooke up the first quarter in the town; the other 3 Regiments of the Auxiliary forces, were quartered at the adjacent villages; whereupon our red Regiment of the Trained Band was constrained to march halfe a mile further to get quarter, we were now in the Van of the whole Army, having not so much as one Troope of Horse quartered neer us: but we were no sooner in our quarters , and set downe our armes, intending a little to refresh our selves; but presently there was an Alarme beat up, and wee being the frontier Regiment neerest the enemy, were presently all drawn up into a Body, and stood upon our guard all that night, we were in great distraction, having not any horse to send out as Scouts, to give us any intelligence: my Lord Generall with his Army lay at Chippingnorton, about three miles behind us; who had an Alarm there given by the enemy the same night also: Our Regiment stood in the open field all night, having neither bread nor water to refresh our selves, having also marched the day before without any sustenance neither durst we kindle any fire though it was a very cold night. Munday 3 Septemb. we got some refreshment for our souldiers, which was no sooner done, but news was brought to us, that the enemy was within halfe a mile of the Town, which proved to be true, for presently one rid downe to us having his horse shot in the neck all bloody, and told us the enemy was at the towns end; also one Trooper slaine a quarter of a mile above the town, one of our souldiers stript him, and brought his clothes to us: It was a little open Village, the enemy might have come in upon us every way, therefore we conceiving it not safe to abide in the town, drew up our Regiment presently in a body, and marched into a broad open field to the top of the hil, the blew Regiment of the train'd Bands were quartered within lesse than half a mile of us, but came not up to us: Being come into the field we saw about 4 or 5000 of the enemies horse surrounding of us, one rid post to my Lord Generall to informe him of it. One great body of their horse stood facing of us upon the top of the hill at our townes end, within lesse than a quarter of a mile from us, another great body of their horse was in the valley, upon our right flank as we stood; and a third great squadron of their horse were going up to the top of a hill, in the reere of us; by all which it appeares, they had an intent to have surrounded our City Regiment, and to have cut us off; we stood and faced one another for the space of halfe an houre; then 6, or 7. of our men who had horses, rod up to them and came within lesse then musket shot, florishing their swords, daring them, and one or two of our men fired upon their forlorne hope: we had lyned the hedges with musketeers, which they perceiving did not move towards our body, but only stood and faced us. Then some of the Auxiliary forces came up to us, at whose coming we gave a great shout: and then by and by after we saw my Lord Generals forces comming down the hill about a mile and halfe behind us: my Lord drevv out the forlorn hope upon the hil as they came dovvn; who fired 3 or 4. Drakes against the enemies horse that were neer them on the top of the hil, that were coming upon the reer of us, and made them retreat to the rest of the body their intent was to have compassed us in on every side, but the Lord prevented them, they might have spoiled our whole Regiment, had they in the morning come down upon us when we were taking a little food to refresh our selves, the enemy being then but a half a mile off; a great many of the Cavaliers lay all night, within lesse then a mile of us, which we perceived in our march the next day, I hope the mercy of that day, wil not bee forgotten. When this was done, my L. Generals forces marched up to our Brigade: when they were come we drew forth our Forlorn hope, and marched up to the body of their Horse that stood facing us on the top of the hill: we fired some Drakes at them, they retreated: then the Lord Generall drew up his great Guns, they faced us againe, we fired two great Peeces of Ordnance at them, and then they retreated up to the Towne of Stow, and drew up all their horse into a body, and stood upon the side of the hill facing us: then we let flye two or three of our greatest Ordnance at them; they all fled, and wee pursued them and followed them three miles: Then they stood and faced the Lord Generall againe about the going downe of the Sun, we fired at them a great while, marching up towards them five or sixe Regiments together; all in a body, about 800 or 1000 abrest, sixe deep we having roome enough, it being a brave champian country: which goodly shew did so much the more daunt the enemy, that (as it is reported) Prince Rupert swore, hee thought all the Round-heads in England were there. In the first Skirmish we lost but one man, who was slaine by our owne Cannon through his owne negligence, and another sore burnt and hurt by the same Peece. When we came to Stow, the Cavaleers reported that they had killed twenty of our men, and we two of theirs; but we heare there were sixe of their men slaine, some horses killed, and five prisoners taken. Prince Rupert was there, and some say the Lord of Holland also. Our men pursuing them skirmished till nine of the clocke at night; wee marched after them till twelve of the clocke at night: we lay all in the open field upon the plowd-land, without straw, having neither bread nor water, yet God enabled our Souldiers to undergoe it cheerfully, there was not one feeble sick person amongst us, but was able to march with us the day following. Tuseday September 25. we advanced from that field neare to a Towne called Prestbury, withing sight of Glocester, about seven miles from it: This day the whole Army marching together, it fell to our red Regiment of the Trained-bands to march in the Reare of the Waggons, and had charge of them: about sixe of the clocke the Lord Generall comming to the top of a high mountaine or hill, called Presbury-hill, where we might see the City of Glocester, he commanded foure or five great Peeces of Ordnance to be fired; some say it was against the Cavaleers, who were about a mile off, in the Towne below the hill: others say it was to give intelligence to Glocester of our approaching to their reliefe. The Army marched downe the hill, and hastened to the adjacent Villages for Quarter, but before the Waggons could come to the top of the hill, night drawing on it began to be very darke, so that our Waggons and Carriages could not get downe the hill, many of them were overthrowne and broken, it being a very craggy steep and dangerous hill, so that the rest of the Waggons durst not adventure to goe downe, but stayed all night there: sixe or seven horses lay dead there the next morning that were killed by the overthrow of the Waggons: our red Regiment having charge of the Waggons, were constrained to lye all night upon the top of this mountaine, it being a most terrible tempestuous night of winde and raine, as ever men lay out in, we having neither hedge nor tree for shelter, nor any sustenance of food, or fire: we had by this time marched sixe daies with very little provision; for no place where we came was able to releeve our Army, we leaving the Rode all the way and marching through poore little villages: our souldiers in their marching this day would run halfe a mile or a mile before, where they heard any water was such straits and hardship our Citizens formerly knew not; yet the Lord that called us out to doe his worke enabled us to undergoe such hardnesse as hee brought us to. This evening the Lord Generall was faine to fight for his Quarter, and beat the enemy out of it, at a market-Towne called Cheltnam, five miles from Glocester, and two miles from this hill; about midnight we had two Alarms upon this hill, in the midst of all the storme and raine, which together with the darknesse of the night made it so much the more dreadfull, which also caused a great distraction among our Souldiers, every one standing upon his guard, and fearing his fellow Souldier to bee his enemy. Many other particular sad stories of this tempestuous stormy night I leave to the relation of others: one young man of the Colonels company was shot in this confusion upon this hill, whose death will be much lamented by his Parents and Friends, from whom he received a Letter but a few dayes before to returne home. The next morning, being Wednesday Sept. 26. our Souldiers came downe from that hill into the village aforesaid, being wet to the very skin, but could get little or no refreshing every house being so full of Souldiers: The Cavaleers were in the Towne but the day before. Wee stayed here but two or three houres that morning, and then wee had an Alarm that the Cavaleers were neere the Towne with a great body of horse: We were all presently drawne up into a body in the field; our souldiers began to complaine pitifully, being even worn out and quite spent for want of some refreshing, some complaining they had not eat or drunke in two dayes, some longer time. Yesterday the enemy raised their siege from before Glocester: this day our two Regiments of the Trained Bands marched to a little village called Norton, three miles wide of Glocester, and foure miles from Teuxbury, where our Souldiers had some reasonable accommodation and refreshment: in this village wee had many Alarms: we continued here two dayes and two nights. Thursday Sept. 7. the Kings forces fell upon some of our troops of horse at Winscombe, they being secure, the enemy killed many of them, and tooke many prisoners, and some Colours: the Regiments of our horse there did belong to Col. Vere and Col. Goodwin. The Auxiliary Regiments were quartered within two miles where this was done. This night about seven of the clock there came a command for our Regiments of the Trained-bands to march five miles back againe in the night but it being a very darke night, and our men worne out and spent with their former marching, they refused to goe; but next morning, being Friday Sept. 8. we had a command to march into Gloucester Glocecstr , which accordingly we did: The Lord Generall with the whole Army marched into Glocester this day. The Citie was exceeding full of horse and foote: the enemy besieged this Towne a full moneth and three dayes. They had many strong assaults against it, and battered some of their workes; & in two or three places they had begun to undermine the gates, and out-workes, but were met with by the Citie forces, who did undermine within to meet them: without they shott many granadoes of great weight, which when they fell in the Citie were red as fire; yet blessed be God, kild not one man therewith; onely tore up the ground as if a Beare had been rooting up the earth: The Inhabitants of the Citie report that the enemy shot 140 shot great and small in one day, and yet killed neither man woman nor childe; they lost but about thirtie in this Citie during the time of this siege; most of which, as is reported, were shot in the head, in peeping through some holes at the enemy; wee found very loving respect and entertainment in this Citie, they being very joyfull of our coming; wee abode here fryday-night and Saturday, and marched away on Sabbath-day-morning: the Lord Generall left in this Citie three great pieces of Ordnance, as also many score barrells of powder, with match and bullet proportionable, furnishing them to their hearts desire. Sabbath day Septemb. 10. the whole army advanced from Glocester to Tewksburie, where wee abode foure dayes and five nights, till Glocester had provided themselves of corne and other provisions: the enemy had cut off from the Citie all their pipes of water, and burnt their Mills: My Lord Generall summoned this Towne of Tewksbury, and demanded the twentieth part of their estate for the reliefe of Glocester. Wee were at this Towne five dayes, from Sabbath day till fryday Septemb. 15. On thursdaynight the enemy did fall upon some of our troopes of horse, who were quartered about three miles from Tewksbury, of the regiment belonging to Sir James Ramsey, they slew many of our men, and took many others prisoners. Wee took foure of them prisoners; but the greatest losse was sustained on our side. Before wee marched from this Towne, the Lord Generall gave order for the making of a bridge over the River Severne neere Tewksbury, as if our intention had been to march with our army over there to Worcester; which caused the enemy to draw their forces thither, as a place of refuge: The wisdome and policie of the Lord Generall and Counsell of warre, as also their great care for the preservation of our Army, is highly to be commended and never to be forgotten; and may serve to stop the mouths of all such as shall hereafter be opened against him: for had the enemy knowne which way we had marched, they might have had us at a great advantage, by gaining the hills; wee being now in the vale of Esum, and all our great Ordnance and Carriages to be drawn up those hills, they might have kept us there all this winter, & starved our army: but blessed be God, we all marched away with safetie. One that was present at Esum, where the King with his Army lay, affirmes that when tydings came to the King that wee were marched from Tewksbury, they did stamp and swear and curse their Scouts exceedingly, that they gave them no better intelligence of our departure. And the same day we marched from Tewksbury the King with his Army and traine of Artillery marched from Esum after us, as will appeare in the ensuing matter. Fryday Septemb. 15. our whole Army advanced from Tewksbury to Ciceter, aliàs Cirencister 17 miles we marched all night, and sate down before it about three aclock in the morning: when we came thither Sir Robert Pye marched up to the Towne, and with some Muskettiers he gave fire upon the Centinells, killed one of them, and wounded the other; Sir Robert himself received a shot in the arme: the Cavaliers yeelded the town and desired quarter: wee took 225. prisoners, whereof 10. were Commanders, we tyed them two and two together with Match, and brought them along with us: we took also 27 waggon-load of provision, which the Cavaliers had provided for the reliefe of their own Army: they had taken the School-house, belonging to the Towne, and made it their store-house, to lay in such provision as they made in the Countrey to bring in: they slew one man of ours, who was pistold by one that took him prisoner: we killed 2. or 3. of them. Saturday Septemb. 16. we advanced from Ciceter five miles to a village called Letton, where our London-Briggade was quartered that night; the Lord Generall with his Army quartered a mile further at a Market-towne in Wiltshire called Cricklet; at the village aforesaid were ten cart-load of Cavaliers, who were sick and lame, and brought thither to be quartred, who when they heard we were marching to this place, they then found their leggs and run away: this day we had a wet march, and in the night a false alarm. Sabbath day Septemb. 17. we marched from Cricklet to a Market-towne called Swindowne 8 miles. This morning newes was brought that the Cavaliers were come to Ciceter, and had taken and kild many of our men, who stayed behind drinking and neglecting to march with their Colours, who are not much to be pittied: this day we drove along with our army about 1000 sheep and 60 head of Cattell, which were taken from Malignants and Papists in the Country for the maintenance of our army: 87 sheep was allotted for our red Regiment, but wee afterwards lost them all, when we came to fight; it being every mans care then to secure himselfe, and to see to the safetie of the Army: this night our London-Briggade was quartred 2 miles beyond the Lord Generalls quarters at a little poore village called Chizelton, where wee could get no accommodation either for meat or drink, but what we brought with us in our snapsacks: most of us quartred in the open feild, it being a very cold frosty night, wee marched away hence the next morning. Munday Septemb. 18. we advanced from this village about two miles to a place called Abern-chase, where newes was brought to the Lord Generall, that the enemy was coming upon us with a great body of horse, which caused the Lord Generall to make a stand, our whole Army being in a deep valley, and the enemy upon the hills on our left flank, we drew up all our Army into a body to the top of the hill, where we had a full view of the enemy over against us: there appeared a great body of their horse; it was conceived there was 7 or 8000 but no foot that we could discerne; we stood a while and faced them; then one small body of horse as a forlorn hope marched up the hill to them, and fired upon them, and then retreated to their main body in the valley; the enemy followed our horse in their retreat, firing at them all the way very feircely; then we fired some Drakes at their horse, but did little execution; then our body of foot was drawne downe from this hill to the top of another high hill, where we stood and faced the enemy, having a full view of all that was don between our horse and theirs: our foot were not ingaged at all in this fight, except two Regiments onely: Then Collonell Meldrams and Colonell Harvies troops drew up in a body & gave the enemy a very feirce charge, which was performed with as brave courage and valour as ever men did, and then wheeled about to a Regiment of our foot that stood in the reer of them, the enemy pursued them in their retreat, skirmishing one at another all the way: what number was slain in this fight is not yet known: here Cap. Willet received a shot from the enemy, of which wound he is since dead: we lost no other man of note in this fight: one man of great note and esteem of the enemies partie was here slaine, Marquesse de la Veel, his father is Lord high Marshall of France, and chiefe Commander in the feild: we took up his body and carried it to Hungerford; I viewed his wounds, he received three shot in his body from us, one in his right pap, another in the shoulder, and a third in the face: from this place all their horse gathered into a body when it begun to be dark, and so ours likewise, and wee marched away that night to Hungerford 5 miles: our red Regiment with some other Regiments were quartred a mile on this side Hungerford, at a little village called Skelton; those that marched in the reer of the Army, were marching this 5 miles all night: we were much distressed for want of sleep, as also for all other sustenance; it was a night of much raine, we were wet to the skin: this day we took 25 Cavaliers at Hungerford, whereof one was slaine. Tuesday, Septemb. 19 we advanced from Hungerford to a village called Embry, about a mile and halfe from Nubury: the Lord Generall had intent to have quartered at Nubury that night, but the King got into the Town that day before, and so we were prevented. This morning a Trumpetter came from the King to the Lord Generall, to desire that Chyrurgions and Doctors might have free accesse from them to the Marquesse that we had taken. But the Messenger came to late: for the Marquesse was past their cure. The Lord Generall told him, if they pleased to send for his body, they might have it. The death of this Marquesse hath much inraged the enemy, being one whom they did highly esteem. This night our whole Army quartered in the open field; we had no provision but what little every one had in his Snapsack. We had now marched many dayes and nights with little food, or any sustenance, and little sleep. This night the King sent a challenge to the Lord Generall, to give him battell the next morning, which accordingly was performed; and in the night our enemies gained the hills where they intended to give us battell, they planted their Ordnance, got all advantages they could desire, before our Army marched up to them: Yet now wee see there is neither wisedome, nor policie, nor strength, against the Lord; yea, had not the Lord himselfe been on our side, they had swallowed us up quick, so great was their rage and fury stirred up against us, they being confident of the victory before we came to fight: But let not him that puts on his harnesse boast as he that puts it off. For it was not our owne arme that saved us, but the right hand of the Lord became glorious in that day, to get himselfe a glorious name. The next morning, Septem. 20. very early before day, we had drawn up all our Army in their severall Regiments, and marched away by break of day; and then advancing towards the enemy with most cheerfull and couragious spirits: The Lord Roberts souldiers had begun to skirmish with them before we came up to the enemy; which we hearing, put us to a running march till wee sweat again, hastening to their reliefe and succour. When wee were come up into the field, our two Regiments of the trained Bands were placed in open Campania upon the right wing of the whole Army. The enemy had there planted 8 pieces of Ordnance, and stood in a great body of Horse and Foot, wee being placed right opposite against them, and far lesse then twice Musket shot distance from them. They began their battery against us with their great Guns, above halfe an houre before we could get any of our Guns up to us; our Gunner dealt very ill with us, delaying to come to us: our noble Colonell Tucker fired one peece of Ordnance against the enemy, and aiming to give fire the second time, was shot in the head with a Cannon bullet from the enemy. The blew Regiment of the trained Bands stood upon our right wing, and behaved themselves most gallantly. Two regiments of the Kings Horse which stood upon their right flanke a far off, came fiercely upon them, and charged two or three times, but were beat back with their Muskettiers, who gave them a most desperate charge, and made them flie. This day our whole Army wore green boughes in their hats, to distinguish us from our enemies; which they perceiving, one regiment of their Horse had got green boughes, & rid up to our regiments crying, Friends, friends; but we let flie at them, and made many of them and their horses tumble, making them flie with a vengeance. The enemies Canon did play most against the red Regiment of trained Bands, they did some execution amongst us at the first, and were somewhat dreadfull when mens bowels and brains flew in our faces: But blessed bee God that gave us courage, so that we kept our ground, and after a while feared them not, our Ordnance did very good execution upon them: for we stood at so neer a distance upon a plain field, that we could not lightly misse one another: We were not much above halfe our Regiments in this place; for we had 60 Files of Muskettiers drawn off for the forlorn hope, who were ingaged against the enemy in the field upon our left Fank. Where most of the Regiments of the Army were in fight, they had some small shelter of the hedges and bankes, yet had a very hot fight with the enemy, & did good execution, and stood to it as bravely as ever men did. When our two regiments of the trained Bands had thus plaied against the enemy for the space of three hours, or thereabout, our red Regiment joyned to the Blew which stood a little distance from us upon our left Flank, where we gained the advantage of a little hill, which we maintained against the enemy halfe an hour: two Regiments of the enemies foot fought against us all this while to gain the hill, but could not. Then two regiments of the enemies horse, which stood upon our right Flank, came fiercely upon us, and so surrounded us, that wee were forced to charge upon them in the front and reere, and both Flanks, which was performed by us with a great deal of courage and undauntednesse of spirit, insomuch that wee made a great slaughter among them, and forced them to retreat retrear ; but presently the two regiments of the enemies foot in this time gained the hill, and came upon us before wee could well recover our selves, that we were glad to retreat a little way into the field, till we had rallied up our men, and put them into their former posture, and then came on again. If I should speak any thing in the praise and high commendations of these two regiments of the trained Bands, I should rather obscure and darken the glory of that courage and valour God gave unto them this day, they stood like so many stakes against the shot of the Cannon, quitting themselves like men of undaunted spirits, even our enemies themselves being judges. It might be expected that something should be spoken of the noble and valiant service performed by the rest of the Regiments of the Army both horse and foot; but their courage & valour it self speaks, which was performed by them that day, our men fighting like Lions in every place, the great slaughter made amongst the enemies testifies. My noble and valiant Captaine George Massie, who was with the forlorn hope, received a shot in the back from the enemy, of which wound he is since dead. This 26. of September (hinc illæ lachrymæ ) we lost about 60 or 70 men in our red Regiment of the trained Bands, besides wounded men, we having the hottest charge from the enemies Cannon of any regiment in the Army. Also that worthy and valiant valint Gentleman Capt. Hunt was slain in this battell, whose death is much lamented. These two poore regiments were the very objects of the enemies battery that day, and they have since made their boast of it. It is conjectured by most, that the enemy lost four for one: 70. chief Commanders were slain on their side. This is most certain certaine, that they did acknowledge themselves rhemselves to be beaten. It is credibly informed by those that were this day in the Kings army, that the King himself brought up a regiment of Foot and another of horse into the field, and gave fire to two peeces of Ordnance, riding up and down all that day in a souldiers gray coat. The next day I viewed the dead bodies: there lay about 100 stript naked in that field where our 2 regiments stood in battalia. This night the enemy conveyed away about 30. cart load of maimed and dead men, as the towne-people credibly reported to us, and I think they might have carried away 20 cart load more of their dead men the next morning; they buried 30 in one pit, 14 lay dead in one ditch: this battaile continued long; it begun about six aclock in the morning, and continued till past 12 aclock at night: in the night the enemy retreated to the towne of Newbury, and drew away all their Ordnance; we were in great distresse for water, or any accommodation to refresh our poore Souldiers, yet the Lord himselfe sustained us that we did not faint under it; we were right glad to drink in the same water where our horses did drink, wandering up and downe to seek for it. Our word this day was Religion, theirs was Queen Mary in the field: The great goodnesse of God, in giving us victory this day is so much the more remarkable from these three considerations: First, that great disadvantage we had this day, in case we had been beat by the enemy, we having no place of retreat for safety neerer then Glocester, which was above 30 miles: whereas our enemies had possession of Newbury, and in a manner of the whole Countrey round about: secondly, we had great scarcitie of provision for our Army, having marched many dayes and nights with little food or sleep, or any refreshment; had not God fed us with the bread of our enemies which we took at Ciceter, we could not without a speciall providence of God have been able to subsist, whereas our enemies had the town of Newbury, and the Country all about for their relief. Thirdly, we had a great disadvantage by giving battell in that place the enemy had made choice of their ground, planted their Ordnance, gained all advantages they could desire. Beside many other disadvantages on our part, which I forbeare to relate; yet God gave us the victory, and made our enemies flie before us, that we kept the field all night. The Lord Generall deserves perpetuall honor by his wise, valiant, and worthy managing of this dayes battle, as also no lesse praise and commendation commendatlon to the rest of the councel of war. Many more particular passages might here be inserted, but I proceed. Thursday, Sept. 21. after we had buried our dead, we marched frõ this field with our whole army to a town called the Veal, 11 miles, and 4 miles from Redding; where in our march this day, our enemy pursuing of us, fell upon our reer in a narrow lane about a mile and a halfe from a village called Aldermason, they came upon us with a great body of foot and horse: our London Briggade marched in the reer, and a forlorn hope of 600 Muskettiers in the reere of them, besides a great number of our horse: but our horse which brought up our reere, durst not stand to charge the enemy, but fled running into the narrow lane, routed our own foot, tampling many of them under their horse feet, crying out to them, Away, away, every man shift for his life, you are all dead men; which caused a most strange confusion amongst us. We fired 10 or 12 Drakes at the enemy, but they came upon us very feircely, having their foot on the other side of the hedges; many of our waggons were overthrowne and broken: others cut their traces and horse-harnesse, and run away with their horses. leaving their waggons & carriages behind them: our foot fired upon the enemies horse very bravely, and slew many of them; some report above 100 and not 10 of ours: some that we took prisoners our men were so inraged at them that they knockt out their braines with the butt-end of their Muskets: in this great distraction and rout a waggon of powder lying in the way overthrowne some spark of fire or match fell among it, which did much hurt; 7 men burnt and 2 kild: the enemy had got 2 of our drakes in the reer, had not our foot played the men and recovered them againe: this was about 4 or 5 aclock at night; many of our men lost their horses, and other things which they threw away in haste: wee marched on and came to the Veal about 10. aclock at night. Fryday Sept. 22 we advanced from the Veal and came to Reading foure miles, where we refreshed our Souldiers after our hard service and wearisome marchings. We stayed here fryday saterday and sabbath day: saterday night about 20 of the enemies horse came and gave us an alarm. Sabbath day was celebrated a day of thanksgiving; we marched away hence on munday morning. Monday Sept. 25. wee advanced from Reading to Madenhead, our Briggade was quartred here. But the Lord Generall with his Army and all his train marched to Windsor. Tuesday Sept. 26. we advanced from Maidenhead about 4 aclock in the morning, having some intentiõ of marching to London that night, but came no farther then Brainford, where we stayed the next day also being Fast day. Thursday, Sept. 28. we marched from Brainford to London, where we were joyfully received home of all our friends, and all that wish well to the Parliament; and to the vexation of heart of all wicked malignants who had raised reports that we were all routed and slaine: the Lord Mayor together with the Aldermen of the Citie met us at Temple-barr, and entertained us joyfully: many 1000 bidding us wellcome home, and blessing God for our safe returne: Thus God that called us forth to doe his worke, brought us through many straits, dilivered us from the rage and insolency of our adversaries, made them turne their backs with shame, giving us victory, and causing us to return home joyfully. Monōi Theōi doxa

Miscellaneous

A TRUE RELATION OF THE Diurnall Marchings of the Red and Blew Regiments of the Trained Bands of the City of London, as also the three Regiments of the Auxiliary Forces. Wherein the most materiall passages of every dayes Occurrences are briefly delineated.

A True and exact relation of the marchings of the two regiments of the trained bands of the city of London [...] As also of the three regiments of the auxiliary forces [...] who marched forth for the reliefe of the city of Glocester [...]

MscA1650

THere was a time in England, when men wore the Breeches, and debar'd women of their Liberty; which brought many grievances and oppressions upon the weaker vessels; for, they were constrained to converse only with their homes and closets, and now and then with the Gentleman-usher, or the Foot-man (when they could catch him) for variety: So that in those dayes, there was no such thing as the SERVANT, the FRIEND, or the INTIMATE in ordinary; nor durst they be acquainted with the mode of Drinke, Dice, and Tobacco; nor rore and convert their smoks into Colanders, to strain healths of Sack into Beer-glasses, and take them off astride upon mens shoulders. In consideration whereof, and divers other inconveniences, by the tyranny of men, the Ladies Rampant of the times, in their last Parliament, knowing themselves to be a part of the free people of this Nation, unanimously resolved to assert their own freedoms; and casting off the intolerable yoke of their Lords and Husbands, have voted themselves the Supreme Authority both at home and abroad, and setled themselves in the posture of a Free-State, as may appeare by their Practices. In the first place, for the well ordering of their Militia, they have lifted themselves under the conduct of the Right Honorable the Countesse of Kent, and the old Countesse of Exceter; who ought to lead the Van, being experienced Souldiers, that have passed through all Offices in Venus Warrs, from a Corporall to a Colonell. These two are the only pillars of Nobility and Hospitality; who, to breed up the young Fry in the Misteries of the Sexe, have erected an Academy, which is opened every Sunday night at the Countesse of Kent's and every Thursday at my Lady of Exceter's. There Suppers are reckoned most convenient, because the Bed follows, and it is judged the best way of disgestion after the Lectures, they never being upon any other Subject, but WHO with WHO, Mistresses and Servants, and the Act of well-doing, which must needs breake the Academy of well speaking, and soon make the Italian Knight lose all his Custome, for going the wrong way to worke with our English Ladies. And if he dare dispute the matter, wee will refer it to my Lady Carlisle. This is a Lady indeed, that seven years since took saile with Presbytery, being charged in the Fore-deck by Master Hollis, in the Poop by Master Pym, whilst she clapt my Lord of Holland under hatches. And this was a lucky Supply at that time, because Toby Matthewes and Wat. Mountague were both fled for Religion. About 3 years since, being weary with that faction, she revived a correspondence upon the Royall accompt; among the rest with divers foreine Ambassadors; especially Mons. Believerey, till she was put in the Tower, where she now pines away for want of fresh-Cod, and knoweth not which way to lead her Nags to water, since the State hath cut off all her pipes of intelligence. After her comes the old Lady Peterburgh, who would faine be yong. A Presbyterian Lady too, that casts a sad looke with her eies for the downfall of her Faction, and sings the lamentation of a sinner for the losse of Mr. Hollis, but above all for the Irreparable losse she had in Tom. Gell, when my Lady Rutland got him from her. 'Twere pitty my old Lady Devonshire and these two should be parted, for, the Presbyterie was setled first in her house by the Scots Commissioners; where my L. Louden, Lauderdale, and Dumferling, were clapt in her hole of Repentance, to forward the work of Reformation. And now we talk of Reformation, God help my Lady Salisbury, whose Sinnes are as big as her Body, and whose faults are better known at home than abroad, since the death of the old Duke of Buckingham and my Lord of Holland. A very charitable Mother she is to all her Children; but especially to her daughter my Lady Sands, having helpt her to a Touch, with her Son in Law my Lord Lisle, though my Lord of Salisbury himself, like a crosse Father, My Ladie Sands was warming her Brother Lisles drawers by the fire Side. came in and took her airing his Drawers. This Lady Sands continues her Clack going ever since, to draw grists to the Mill, and is at this time one of the greatest Coursers upon the New Exchange; She out-drinks a Dutch man, outvies a Courtesan, and is good at all Games, but loves none like In and In, and sometimes she is for Passage. In league with her are all the Hat-and-feather-Gallants, the feather being the proper Hieroglyphick of her Condition, and the Badge of her faction. As for her good Sister, the yong Lady Devonshire, She hath been a very sad woman ever since the death of my Lord Iohn; but since that, She hath been rid of her Qualm by Tom Killegrew, who is now gon Ambassador from Iersey into Italy, on purpose to fetch her a Musk-cod to perfect the Cure. This Family is both large and godly; and therefore we must not forget my Lady Cranborn; who lives in a Scotish mist betwixt light and darknesse so that groping often for Truth, She now and then layes hold upon the Preacher, and puts him beside the Text, in an error. She playes above-board with Mr. Sackvile , under-board with Mr. Sterry, and severall other Captains that usually preach before her and the Councell of State. She hath preferred one Lee Lecturer at St. Martin's, to read lectures on Sunday nights to the whole Family, concerning due Benevolence; which gave occasion to Mistris Peele (an Intimate of theirs) to commend his doctrine above all others. And now, not forgetting an over-thwart neighbor of theirs we must think of my Lady Forster; an old Mistresse and a yong Saint; one whose proportion puts us in mind of her Excellencies, and he that meanes to board her, must put off his doublet and swim, it being of the same size with a FishPond: yet it is ten to one if he scape sinking, since she is somewhat of kin to Goodwin Sands, having swallowed up many Families, many Blew Gariers, Georges, Earls, and Baronies innumerable. Among them, as the latest (though of a long continuance) is the Lord Willoughby of Parham; who hath now taken a journey to the Barbado's and means to pipe her one way since he cannot another; In Order whereunto he hath provided her a whole plantation of Tobacco, it being her proper Element; so that since my Lord finds Smeak, Sir Humphry may in time have Bacon. I would have this Lady well preferr'd in the Commonwealth, she being now a great Retailer of Courtesies. And truly her Daughter my Lady Prat (for ought I see) is resolved to keep up the Trade, having an Husband for the purpose. This is that doughty Knight Sir George Prat, once celebrated in Comedy, and pawned upon the Stage (as well as at the Tavern) in a Ioynt-Stool for a Reckoning. Hee, Sir Samuel Luke, Ieffery, and little Trott, may help to make up the Nine Worthies among the Pigmies, and might passe for rare Champions in America, to erect a new Common wealth among the Monkies. Indeed, take Sir George, hornes and all, and he is a very formidable Monster; so that 'tis no wonder if his Lady be reprehended by her Mother, for being Bull'd by an Urchin: She is a great wit, and playes with an old Sophister (Dr. Smellsmock, alias Mr. Osbaston) who jerks her both behind, and before; therefore Mr. Lenthall, though he have playd Truant a great while, may the rather scape a whipping. Come, take your Turn Mrs. Gamlyn; for, you have had many a one by that excellent Squire of the Body yong Lenthall, who hath the art to love if the Women love him. They say, Northamptoc makes love one hour to you, and he beats the brains of it out in a quarter. This Gentleman broaches maxims very dangerous to the Common-wealth of Women, viz. That there is no woman honest. That women would become unnecessary in the world, if that damnable principle of honesty should be professed. That originally there was no such quality as honesty, only it was insinuated by the perswasions of the first mother, to keep women from being debauched in their nurses arms. All which hath been applauded, and seal'd to, by the same Gentleman, over and over. Now, as a brave Supposed a Hermaphrodite. Woman-man-of-mettle, beigh for my Lady Hungerford. Since Sir Edward is in Heaven, the fittest mate for her upon Earth, must needs be Annis-water Robbin, For they may fit one another by turns, and be beholding to no body. This Lady over-rid and excarnated, no lesse than three of her women in her husbands life-time; and hath left no part of foure Gentlemen-ushers visible in the world, but their periwigs; but the fifth scapes yet, and may perhaps for a twelvemonth. Room next for my Lady Kingsmell; who having been lately in France, hath brought over some Italian tricks with her. The only wit in that house is new lechery, and her Daughter is vostre Serviteur . The Mother should have been married to my Lord of Norwich, at his coming out of prison, but that of late he is become as dry as his jests, and the talke of the town diverted the humor. But my Lady Rutland (God wot) is a more resolute Lover; for, now that her Lord is out of Town, nothing can stave her off from Tom. Gell. This fellow the world suspected to be Eunuch to my Lord of Newcastle; but now she commends him for the swetest man in the world though of late she hath a great stroke too with Harry Martyn. And now we talk of a stroak, I can tell you of a notable Striker one Mrs. Luson, who hath blowne up and broke so many French, Dutch and Spanish Merchants, that none of late durst deal with her but Hugh Peters; who (I hear) hath pawned halfe the fleet at Mildford-haven to provide her a new yeares gift; and this in imitation of his Masters at Westminster, who ever put the Charges of their Lechery upon the accompts of the Publique. This policy of Hugh Peters, puts us in mind of godly Gravener, he that is Commissary to my Lady Fairfax; who hath pawned his Commission for another couple of Flanders horses, to make sure of Mistris Luson: And she I think hath paid him pretty well; for the poor Gent. hath spit himselfe into a Night cap, and the next Remove may be into a Coffin. If ever the new Common weal be routed, it must be by this Lady; for, put a little Gunpowder to her Mercury, and you may soon blow up my Lord Bradshaw. He (they say) hath audited her Phisicke Bill, and the Councell of State finds many faults in it As Inprimis , on purge for a clap she had from Sir Harry Mildmay, which was much invenom'd by one he caught the morning before from Besse the Begger wench. Oh, let us not now forget Mistris Duns, a Lady every jot as Independent as the former, she hath payed Tribute to all the Deputies of Ireland, and will not now forbear her Cosen Cromwell. Shee keeps mighty Intelligence too with his wife, and she with Hugh Peters, and Peters with Mistris Ireton, she with Bradshaw, he with Madam Castlehaven, as Cromwell with Mrs. Lambert. Now enter my Lady Craven, at a conference over her Cups. Fie sister fie; never a Beer-glasse of Sack to Sir William Sidley's health? yes, my Lady Craven, here's one, fill a Brimmer, to that part of my Sister Craven which Sir William loves best. 'Tis well fill'd , and fairely drunke. Now to do you right, my Lady Mary, here is to you; to the finishing of Sir Williams desires, let it be how, where, and when he pleases. Come, my Lady Mary Howard, take courage; though thy fortune be but small, yet having a good stroke, thou shalt drinke Dormer into Matrimony. Tis the wonder of the world, Why Sir Kenelm Digby, should be so mad for my Lady Middlesex, since he boarded her and the Gallies at Scanderoon much about the same time, and hath rid at Anchor ever since. Tis a very hard matter to know whether she be, a Lady or Leviathan. Sure, none but Goliahs weapon can fit her Scabbard, nor can any hand but his with the six fingers sufficiently feele her; and he that will please her (which she abundantly loves) must convert a weavers beam into a dildo. If she and Sir Kenelme go on with the Match, then let the Saints beware; for, I beleeve Gog and Magog will come of the Progeny. But what thinke you of my Lady Marchionesse of Winchester and Colonell Warren? Though my Lord be her Husband, yet the Colonell is the man. Though my Lord have a good Bable by descent, and may play well, yet the Col. hits the blot oftner in his Ladie's Tables. She is often sick, and as often swels, and, by the opinion of all Doctors, no cure is like that in private with her Colonell. Boles was an able fellow too once, before he came to be my Lady of Bath's Gentleman usher: But you may guesse how the VVorld goes with him now; for he dwindles every day, and (some say) the Calves of his legs are left in his Ladies Belly; so that when my Lord expected a Son, God knows it proved a Moon Calfe; and had it grown up to have horns, my Lord might then have hoped it was of his own begetting. Poor Jack Young! my Lady Monmouth bites hard too; for, she hath drawn him so low, that he will never make Mummy; and therefore intends to prefer him for a living Skeleton to Surgeon's hall, as a very neat Subject for an Anatomy lecture. And indeed, it is high time he were some way disposed of, for, his fore-man is so flag, and his hams so feeble, that my Lady is constrained still to cry out [Thy finger againe, Jack.] I beleeve the Parson too is puzled, to interpret the barrennesse of my Lady Stanhope, she gives him the opening of many a hard Text, so that he will have much ado to resolve the Tithe, of her Doctrine into use and Applycation; for (tis known) she is much given to Hunting, and hath run down a whole kennell at a time for recreation. Her mouth is (like mopsaes) O Heavenly wide, so that her Taile being of the same size in dimension, 'tis possible Stamford may passe through her, booted and spur'd to seek new fortunes in America. There is another notable Lady too, newly come out of France and knowes all the feats of that country, and is now set up in England, by name my Lady Mountague; all spirit of Sulphur: for, she takes fire immediately, and evaporates without conception; so that we must leave her to the skill of Ben. Weston, to provide a Son for my Lord Montague, as the Prince Elector did for my Lord Moulgrave. And if ever Ben. mean to effect it, let him keep her Ladiship only to himselfe, and recall her Ambassadors, which lie Leiger for strong backs, in City and Country. She trades not so openly, but others are as close; yet Murther will out: for, 'tis known well enough (though carried in private) how often Mr. Villiers hath come the Back way over a wall, to the fore way of my Lady Savile, alias Sussex; and she usually helps him down in her armes, for feare of a straining. Newes, newes, The Dutchesse hath a Son and heir, in the absence of Prince Rupert. But ---- &c. If Madam Newport should not be link't with these Ladyes, the chain would never hold; for, she is Sister to the famous Mrs. Porter (who of late plaies the Macquerela in the behalf of her owne Son;) and to the more famous Lady Marlborough (whose Paint is her Pander.) This Lady Newport leads the Lord Bellasis in one hand, and Iack Russell in the other, and cuts a kindnes so equally between bebetween them, that Sir Kenelm Digby needed not have come in to decide the controversie. Yet having beat the Bush so often, there's no reason but he should catch the Bird, and these two Gentlemen, when he comes, be turned loose to ruminate the Favor. And that this Lady may not go without her fellow, if you are coloured, my Lady Elizabeth Darcy, appeare as Stanhope, alias Chesterfields Daughter. Take confidence, such as your Sister Stanhope did, when she met Hatton Rich upon the stairs, whilst her Husband (good man!) was making his Will. Manage your designe well; there is no feare but you may trail both Sir Andrew, and Mr. Glascock, as long as they can crawle, and you smile. These are very tractable Gent. and hot-mettal'd; the harder you stave them off, the fiercer they come on; the longer you hold them in play, the more will the prize be valued. This Madam is like a Politique Merchant, in our Commonwealth, and (if she be not taken off by Preferment) may chance to spoile the Trade of all Stallions in Pension, by teaching the rest of the Ladies how to prize their Commodities. My right hand would forget it's cunning should the example of all women be left out, my Lady Cullen, who in my Lord Riche's time was called my Lady Mary Cokaine, but varied her name when she began to teach Souldiers how to order the Pike. This silken-Granado hath blown up many a Garrison; for she ever fired well, wounded one Captain so that he lies in still, fell furiously on many others; and she has one Trick, that if you will not charge her, she'll charge you. Upon these tearms she met with a Colonell, one Stamford, whom when she had worn out one way as well as the other, she cashired him for want of pay, and took over his head George Porter, whose designe is to Levell her even with his owne principles. On the other side, she, having smelt his Plot, begins to grow weary of him, and plies the Countermine, but knowes not how to admit another, because his Mother and his Wife stand Sentinell at her elbow. It is intended, the life of this Lady shall ere long come out in Folio. But 'tis an old Proverb, there can be no Play without a Foole in it. Alas poore Master Pembroke, who twelve months since was an Earl, but now being made a poore Commoner of England, hath rallied his forces, and finds it necessary to cashire my Lady May, my Lady Banbury, and my Lady Crompton, having been very angry with her, and desired her to resolve him of this Question, She dun'd him beyond reason for Money. Whether he shit Gold? This poor over-ridden Gentleman lies now at Rack and Manger, with a Chambermaid of my Lady Herbert's. 'Zounds, we are now in a Godly Family; and they that are the only people in the world, that know to order Women: for, the Father keeps two wives and a Concubine, as prisoners. The Lord his son (a poore Commoner too) rid his hands of one wife, and keeps this very close, though Jack Griffith be in France; and so doth James his too, though my Lord of Oxford be in Holland. As for Jack, with his Spider's shanks, his Mistresse is not arived to fourteene yet, or else he would take the same course as his Brothers, for feare she should suck of the same Teat with her Mother. VVee cannot name my Lady Crompton too often. VVhen Tom. Temples stock could hold no longer, neither in Wit nor Money, she laid him aside like a ridiculous Foole, and jump't in with my Lord Molineux, who whipt up her Belly here in England, and then she got a Passe to go to her husband in France, that he might father the Bantling. My Lord and she are parted since, but how, it is not known; only we heare of great resolutions against Teeming, professing shee will venture no more for Children: but we fear she must have one more to please my Lord Broncker. Heigh, now for the nine Worthies, who above all deserve the Breeches, to ride astride to the Devill. And to lead the Van, march couragious yong Madam Peterborough, whose Earl is a Wittoll, and her father was a cuckold, gramercy old Peterborough. This Ladie makes nothing of 3. Gallons of Usquebagh to Mr. Staffords health, and whatsoever the Gentleman lends her, his wife payes him again in the same coyn at home, according to my Ladies maxim, which sayes, Next, enter Madam Peter, who was tried by the Prince Elector, and Harry Compton was his Taster. This will neither settle Mr. Vowell's eyes, nor his Conscience; for, he hath liquored her with many a Pot, and tosted her, and she promises much in her cups. Besides her faculty in drink, she is good at all games, but especially at cogging the Die, and the Cod-peece. [Though we cannot rank her Aunt (my Lady Mary Sheldon) among the Nine, yet it being pitty they should be parted, she may passe for an Appendix, being so fast hung to my Lord Peter, that his Lady rambles without suspition, and sets down this for a maxim of our Commonweale;] 'Twere pitty the Third should be left out who ought to have been first in order. Shew as confident, as you speak, Mrs. Phil. Mohun, whose Rhetorick is Ribaldry, whose Element is Drinke, whose wit is in Baudery, and whose Beauty is blasted with her own Breath, it being a damp that will kill a Spider. She swears with a bon-grace , makes offensive and defensive War; offensive with Sherwood, whose Lordship is an Asse, defensive with Lenthall, whose courage is wit. This Lady will be sure to match the man, if she knows the length of his weapon. She is often purged, but vowes drink is the best Physick, and delivers this maxim; Make room for the Fourth, (with the new-elected Colonel Corbet) by name Mistris Harris, sister to the forementioned Lady, who neither in quantity, quality, action, Passion, nor any other Predicament, is any whit lesse remarkable. She hath lived these 30. years in the same extremes that the rest of her Sisters now begin with. Tom. Temple, had never been arrested for the 200l. if he could have plied her busines in earnest, as well as laugh at his own Jests, Let old gouty Ash of the Parliament take heed; for, that in the nose is not so easily cured as that in the Toe, and the Cavalier Corbet, & his Mistresse may chance to make him crosse 'Pothecaries Bills, and baudy reckonings, instead of the accompts of the Kingdom. For, after a full beerglasse, she set down this too for a Maxim. The third of the Sisters makes up the fifth of our VVorthies. Enter Mistris Cambell, with a piss-pot on her head, a pipe in her mouth, & a pintle in her Tail. Ash runs through this Family, as his brothercommoner Howard (known heretofore by the name of Lord Howard) runs through the Family of the Murray's, and hath made most of their Issue free Denisons, being more English then Scotish. We understand by Master Cook's books at the Bear at the Bridg-foot (who must needs be an exact accomptant, having been a Committee-man) that from Midsummer to Michaelmas, 100 pound sterl. hath been bestowed by Master Ash upon this Lady, in VVine and Tobacco, to cherish her in the maintenance of her most rare Maxims; of which the chiefe is, Now for a Worthy in good earnest, my Lady Wildgoose (alias Velledicus, alias Mistris Salkeld) who reckons continency either to husband or Servant, the worst of the seven Deadly Sins; having lately resolved to try all that will try her, though she pass the most fiery tryall. Many a sad journey hath she made; but of late two into Scotland, to fit her English measure, according to the Italian with S. Bernard Gascoign. She finds VVine of a rare quality; for it saves the charge of Vermilion for her Beake, being at great expence upon her cheeks. This Lady playes as well at Best as the Beast; drinks well; swears enough for six of the nine, and hath been often a Caterwauling with Sir Iohn Morley. Her Maxim is. And now since the widdowes weare the buskins, let them tread the stage boldly; and so enter two more of our Worthies at once Aunt and Niece, my Presbyterian Lady Stapleton and my Lady Campion the Cavalier, the one Being drunk at the receit of the newes of her husband's death out of France; the other very jolly, with Master Howard of Barkshire in her arms, at the newes of her Husbands death at Colchester; and since that, she hath a Rubbers every weeke with no lesse then five, for variety. The controversie betwixt these two is, who can drink most, and then they quarrell for the conquest. Tom Temple and Col. Iephson are their Seconds; the first of whom lost his haire and the other had like to have lost his one eie, in deciding the busines. But what care these Ladies? Their maxim is, To bring up the Rear of the nine, enter the incomparable Lady of an old Low-country Colonell, by name Cromwell; who hath run through most of the Regiment, both Officers and Souldiers. Since her coming to England, she hath traded never a jot the lesse in the low-countries; loves Wine, and of all Wine, Sack in Glasses; and of all Glasses, Beer-Glasses. She keeps a free Port for all Merchants and trucks with all Languages and Nations. Shee is controller of the Club among the Ladies; is excellent at the beginning of healths, viz. To the best in Christendome, and at the ending of stories, for, she fits them all with a baudy Comment. She is Honored with the title of LadyGovernesse to the three illustrious Sister-VVorthies, Mistris Mohun, Mistris Harris, and Mistris Cambell, her chiefe designe is to reconcile and compose all differences betwixt the two former, and then when these foure are together, there will be a society for the The Devil Tavern. Devill, their Maxim being this; If any of these Ladies want a pouder'd and patch't old fool to wait upon Them, let them send to my L. North, whose Coach and himself will be ready at a Call; especially if it be upon a visit to my Lady Kent's about supper time, where they are all upon Free-Quarter. By way of conclusion we are in the last place to give notice of certain Ladies, called Coursers, whose Recreation lies very much upon the New Exchange about 6. a clock at night; where you may fit your self with ware of all sorts and sizes. But take heed of my Lady Sandy's; for, she sweeps the Exchange, like a Chain'd Bullet, with Mr. Howard in one hand and Fitz Iames in the other. These, and many more you may buy; but beware you repent not your Bargain. In our next Annals (if the humor hold) we will give you a more particular Relation. In the mean time,

Miscellaneous

Newes from the New-EXCHANGE, or the Commonwealth of Ladies, drawn to the Life, in their severall Characters and Concernments.

Newes from the new exchange, or the commonwealth of ladies [...]

MscA1669

IN my Voyage from Malta to this place, wherein I have used all the diligence the season hath given me leave, I touched at the City of Catania in Sicily, and was there most kindly Invited by the Bishop to lodge in his Palace, which I accepted, that so I might be the better able to inform Your Majesty of that extraordinary Fire, which comes from Mount Gibel 15 miles distant from that City; which for its horridness in the aspect, for the vast quantity thereof, (for it is 15 miles in length, and 7 in breadth) for its monstrous devastation, and quick progress, may be termed an Inundation of Fire, a Floud of Fire, Cinders and burning Stones, burning with that Rage as to advance into the Sea 600 yards, and that to a mile in breadth, which I saw; and that which did augment my admiration was, to see in the Sea this matter like ragged rocks, burning in four fathom water, two fathom higher then the Sea it self, some parts liquid and moving, and throwing off, not without great violence, the stones about it, which like a crust of a vast bigness, and red hot, fell into the Sea every moment, in some place or other, causing a great and horrible noise, smoak and hissing in the Sea; and thus more and more coming after it, making a firm foundation in the Sea it self. I stayed there from nine a Clock on Saturday morning, to seven next morning, and this Mountain of Fire and Stones, with Cinders, had advanced into the Sea 20 yards at least, in several places; in the middle of this Fire, which burn'd in the Sea, it hath formed a passage like to a River, with its Banks on each side very steep and craggy, and in this Channel moves the greatest quantity of this Fire, which is the most liquid, with Stones of the same composition, and Cinders all red hot, swimming upon the fire of a great magnitude; from this River of Fire doth proceed under the great Masse of the Stones which are generally three fathom high all over the Country, where it burns and in other places much more, there are secret Conduits or Rivulets of this liquid matter, which Communicates Fire and heat into all parts more or less, and melts the Stones and Cinder by fits in those places where it toucheth them, over and over again; where it meets with Rocks or Houses of the same matter (as many are) they melt and go away with the Fire; where they find other compositions they turn them to lime or ashes, (as I am informed.) The composition of this Fire, Stones and Cinders, are Sulphur, Nitre, Quick-silver, Sal-Armoniac, Lead, Iron, Brass, and all other Mettals. It moves not regularly, nor constantly down hill; in some places it hath made the Valleys Hills, and the Hills that are not high are now Valleys. When it was night I went upon two Towers in divers places, and could plainly see at 10 miles distance, as we judged, the Fire to begin to run from the Mountain in a direct line, the flame to ascend as high and as big as one of the highest and greatest Steeples in Your Majesties Kingdoms, and to throw up great Stones into the Air; I could discern the River of Fire to descend the Mountain of a terrible fiery or red colour, and stones of a paler Red, to swim thereon, and to be, some as big as an ordinary Table. We could see this fire to move in several other places, and all the Country covered with Fire, ascending with great Flames, in many places, smoaking like to a violent furnace of Iron melted, making a noise with the great pieces that fell, especially those which fell into the Sea. A Cavalier of Malta, who lives there, and attended me, told me, that the River was as liquid where it issues out of the Mountain, as water, and came out like a Torrent with great violence, and is five or six fathom deep, and as broad, and that no stones do sink therein. I assure Your Majesty, no Pen can express how terrible it is, nor can all the Art and Industry of the world quench, or divert that which is burning in the Country. In 40 dayes time it hath destroyed the habitations of 27 thousand persons, made two Hills of one, 1000 paces high, a piece, and one is four miles in compass, as Your Majesty will see by the draught that I take the boldness to send herewith; it was the best I could get, but hath nothing of the Progress into the Sea; the confusion was so great in the City, which is almost surrounded with Mountains of Fire, that I could not get any to draw one, but I have taken care to have one sent after me for Your Majesty. Of 20000 persons which inhabited Catania, 3000 did only remain; all their Goods are carried away, the Cannons of Brass are removed out of the Castle, some great Bells taken down, the City-Gates Walled up next the Fire, and preparation made all to abandon the City. That Night which I lay there, it Rained Ashes all over the City, and Ten Miles at Sea it troubled my Eyes. This Fire in its Progress met with a Lake of four Miles in compass, and it was not only satisfied to fill it up, though it was four fathom deep, but hath made of it a Mountain. I send also to Your Sacred Majesty a Relation in Print which the Bishop gave me, wherein the Beginning is Related, and several Curious Passages. I most humbly beseech Your Pardon for the hindring Your Majesty so long from Your better Employments: And I beseech You, Great Sir, ever to believe I Love and Reverence Your Person above All Expression: for, I am

Miscellaneous

A true and exact Relation of the late prodigious Earthquake and Eruption of the Mount Ætna, or MonteGibello, as it came in a Letter written to His Majesty from Naples, by the Right Honourable the Earl of Winchilsea, His Majesties late Ambassador at Constantinople, who in his return from thence, visited Catania, an eye witness of that dreadful spectacle.

A true and exact relation of the late prodigious earthquake and eruption of Mount Ætna [...]

MscA1676

I Received yours of the second of July last, acquainting me with several Overtures lately made you in the way of Marriage, and requiring my Counsel for your Choice; which, as a matter of moment, I have accordingly considered: yet being a stranger to the party you mention, shall, in lieu of particular Directions, offer you such general Cautions, as (if duly apply'd) may at least secure you from the common but fatal Miscarriages of that Condition. 'Tis an useful Observation, That though the raising of Families be peculiar to Men, yet in preserving them Women are concern'd; there being many Domestick Offices, which, though Nature, Custom or Opinion have rendred them unfit or unseemly for Husbands, are yet for Wives not only decent but commendable; and to common welfare so necessary, that the neglect of them is seldom without decay: Hence that thred-bare saying, If you will thrive, look how you wive. In which single respect, the very sloth and incapacity of most women now-adays (especially Heirs and Fondlings, bred even to a contempt of Huswifery) is without profuseness a defect scarce to be repair'd by fortune. Wherefore to one that hath already a solid Estate, not to be acquir'd, but well managed & gradually improv'd, 'tis certainly upon this account more profitable to purchase the Wife, whose thrift is it self a yearly, nay weekly revenue; than for one to compass a lump of Money with an excessive Rentcharge atending it: But if to such defect should be added the affectation of our present Court and Citypomp (and what better can be there expected?) no Bank confines such a Torrent, nor can any Pile of wealth afford Fewel for such a Flame; the quantity serving only to accelerate the Consumption. For doubtless to that Sex an Expence belongs, which though never so demurely carried, far exceeds that of Men; but meeting with Quality and Vanity, knows no measure. Maids, I confess, acting purely for themselves, and for the most part making a Virtue of Necessity, may perhaps with their singular affected Parsimony, with other notable shifts, smother and palliate this expensive humour: indeed inded it is their Master-piece so to do. But then in the change of their condition (and withal concernment, it should seem, by Marriage) like an unnatural restraint, without extraordinary discretion and kindness to their Husbands, it breaks forth with double violence: their Train is much longer, their Visits and Collations more sumptuous and frequent, their Dresses more curious and elaborate than ours; their Journeys infinitely cumbersome and expensive: Not to mention there Childbeds and Gossipping, to the due equipage whereof all Trades must conspire: yet where are the men that consider this? Can we then expect it from Women? Their partiality is such, that though they cause double the Charge, yet if they bring but half the Estate, they reckon, that as purchasers they have right to spend: a prejudice with our Gallants so general, but withal dangerous, that were it duly weighed, it would strike at the very root of Marriage. Suitors therefore we see are obliged by no means to consult their Reason, much less their Arithmetick; Ignorance may well be styled the Mother of their Devotion. Howbeit I would not be construed herein to declaim against Marriage: one may I hope blame the Corruptions of Lawyers without irreverence to the Law. Error is but a Foil to Truth, and by redressing abuses, the regular use is best establish'd. Marriage we know is a state necessary both to the Conservation and Comfort of Mankind, consecrated by God himself, who would never have instituted and so recommended it, were it not most consistent with our well-being; but the best perverted, proves the worst: and in nothing hath there been a greater departure from primitive intention than in Marriage, to the bane and scandal of Society. The root of this, as of all other evils, is Covetousness; but by the fate of irregular Appetites so dazled, that it shoots at random very wide of the mark. To such as observe the shrewdness of Covetous men in all other pursuits, it may seem a miracle, that herein they should act with so little foresight; and might perhaps be referred to divine Justice, thus arraigning their ill-gotten Estates. But alas, their Example, with the same they carry for wisdom, hath misguided persons of better Principles; whom to reclaim were methinks a publick service: Wherefore leaving those to their incorrigible vice and delusion, I frame my discourse to you, who may communicate it to some honest Gentlemen of your acquaintance, where you judge it needful or useful. Our Gentry may now be considered under four Conditions or Capacities; viz. Such as have little or nothing to trust to; such as have bare Competencies; such as have fair Estates, but encumbred or expectant; and such as have ample and clear Fortunes. How needless it is for the first of these to marry needs no proof; yet if some favourable opportunity should tempt them so to endeavour the improving their condition, which they can hardly much impair, they are partly excusable: only let them not too much triumph in their purchase, nor be surprised if they mend not by their change of Climate, for some that have tried will inform them, there is no Villainage to the Apron-tenure. If in any case such Matches have success, 'tis with Cadets of the Nobility, whose high Birth serves to ballance the Wealth, and bridle the arrogance of women. The second rate of Gentlemen in former times were observed frequently to advance their Estates by Marriage; but it was in the Golden age of Female innocence, ere they had tasted the Tree of Knowledge; whilst their Breeding was strict, their Appetites regular, their Wills governable, and even Heirs were not therefore the worse Wives: The Scene is dangerously altered; those Pleasure-boats now adays carrying such Sail, as without skilful and happy Steerage must needs overset in our Seas. Hence with Gentlemen of indifferent Estates, when they go a Fortune-catching, it commonly fares as with the Dog in the Fable; their prizes in the upshot proving worse to them than Blanks: our Politicians therefore recommend to them Marriage Alamode; Yet not to flatter the Vice and Prejudice of the Age; I dare maintain, That prudent Wedlock is even for such the more thriving state, and no such Bugbear as some of our Wits represent it; there being instances enough of our best Gentry with moderate Estates, both living honourably & providing well for Posterity: and nothing now more familiar than to see some rich with 500l. a year, to the envy and reproach of others that are poor with their Thousands: For as Citizens say of their Shops, Home seldom fails to keep those that keep home. To Gentlemen of the Third Rank, viz. whose Estates are expectant or incumbred, 'tis indeed more expedient to marry for Riches, yet is not such obligation equal to all; neither indeed seems it requisite but in particular cases, where discretion perhaps would rather dictate the preferring of single Life, or at least the deferring of Marriage; for Instance: If to a certain fair expectance there be for the present only a bare pension. I know it is a Maxim authorised by current practice, That encumbred Estates are best cleared with Marriage-portions; but it proves a treacherous Cure, neither indeed is it a proper expedient: For if the Estate be great and the Encumbrance comparatively small, an easie sale would best discharge it, leaving the Patrimony sound and the Owner free. And one who having thus settled his Affairs, and afterwards weds to his best Choice, shall sooner thrive and purchase than the most prosperous Fortune-catcher. But if the Debt be a dangerous Sum, the payment of it by Marriage is next to desperate; it faring with such Adventurers as with Privateers, who, betwixt the charge of Rigging, hazard of missing and triumph of getting Booties are in all Events destined to be Bankrupts. Like cold Drink in a Fever, it cools the mouth, but inflames the blood; and at best helps no otherwise to patch up an encumbred and declining Condition, than doth an outward Prop to support a crazie Building. Much might however be alledged in excuse for those, whose exigencies so stimulate and perplex them, that they neither freely act nor clearly judge; whereas our Gentlemen of large and entire Estates, when they wrack upon that Coast, are purely to thank themselves. You will tell me, Marriage now lies under great obloquy, as a Phlegmatick state of Life, yielding no variety but of trouble; fit only for the blew or Leathern-apron, but uneasie for men of generous Minds and free Fortunes, presumed not to brook such restraint of their Conversations and Appetites: 'Tis represented as the Purgatory of Persons and Canker of Estates; nay, the Rules of the King's Bench (if some of our Wits may be credited) have more Elbow-rom: for oft methinks it proves so, the greater their reproach, who so fondly abandon their true interest, and disparage it; there being certainly no real inconvenience which well-advised Marriage imposes, no honest freedom which it denies to men of plentiful Estates; rather many advantages peculiar to it, it being their great Prerogative, that their Choice is in effect unconfin'd: For we daily see, that the owner of a fair and plentiful Revenue, dispensing but with Portion, needs not despair of success almost in any other pursuit; and 'tis no less certain, that to persons of such Fortune Portions are superfluous. The most common and plausible excuse of our ignoble Matches, is the same Scare-crow which frights so many from marrying at all, forsooth, the apprehension of being over-charged with Children, to the clogging of their Estates, or at least abridging of their Pomp: A consideration at best otherwise: For since by singular Providence, even Families of ordinary Rank and Estate, in stead of being burthened, are notably supported by numerous Posterity. How secure from that danger must our eminent Landlords be! rather what Latitude have they for Bounty, with allowance for some Vanity! But there is one mistake common to great Landlords and great Princes, or rather Parallel between them. Great Princes were ever noted to place all their Glory in Conquest, supposing, that if with infinite Charge and Hazard, to the oppression of their subjects and neighbours, they added one little Province of their own acquiring to their vast Dominions and Titles, they gave a sufficient account of their Sceptres: Whereas they then pursue the real Interest of Empire, when by due execution of good Laws, and careful obedience of their People, they govern more securely, nay, more absolutely than the Sultan doth with his Scemitar; rendring small Territories equivalent to Monarchies. With like prejudice great Landlords, even those that carry the fame of Wisdom, amuse and perplex themselves in pursuit of somewhat to be acquired by Marriage or purchase, no doubt as a Trophy of their good conduct; forsaking in the mean time their more noble and solid advantage, which consists in the generous Fruition and gradual Improvement of what they already possess. 'Tis one of the sorest evils under the Sun, the very Canker of wealth, like the Worm in the Gourd, that one already seized of a vast estate (more perhaps than he hath heart to use or Brain to manage) should harass or but disease himself in the acquest of some little accession: more brutish herein than Beasts who being in rich Pastures, break no Fences, nor look any further. How happy were it, could such but be acquainted with the goodly privileges and improvements of their Estates by discreet enjoyment; so at least, as not to seek what they have, and dearly buy, or rather sell and betray their own Fortunes! To see a Gentleman of Estate, out of the Usurer's reach, and without colour of Exigence, not rashly, but industriously and with great ostentation of wisdom, for sorry pelf and lucre, expose himself, with all his hopes and advantages, to the venture (indeed certain mischief) of an unworthy Match; what is it but to be suborn'd to his own manifest wrong, and hired as it were to destroy himself? such errour being every way surrounded with repentance. In the first place, 'tis an authentick Observation, That great Portions are commonly attended with great disappointments and frauds; however, that Land is rarely therewith purchased or Estates improved, almost as seldom as with Moneys won at play; they serving for the most part rather like Sawces to humour the palate and whet the appetite, than food to nourish; dangerous Fewel, and Decoys of vanity and expence. I grant that such as have little or no other fund oft-times speed better with them; partly by reason of the thrift to which they have been obliged, little being from such expected; chiefly for that great kindness on the Womans side, being the ground-work of such Matches, disposes them to chearful compliance: Much like Offices and Court-employments, which though commodious for Cadets, yet with great Landlords we find scarce turn to account. When the Bills of Wooing, Wedding, and Honey-year are defraid, the Baste I doubt proves more than the Roast. Yet in pursuit thereof, the Fortune-catcher disclaims all those nobler Considerations and Attractives, most of which are singly without comparison to be preferr'd, but some inestimable, for that by Nature, Precept or Example they are propagated, (viz.) lovely Feature and Shape, graceful Motion, sound Constitution, Gayety of Humour, Quickness of Wit, discreet Behaviour, approved Huswifery, &c. In lieu whereof he oft-times both stifles his Affections and buries his Family, by marrying certain Barrenness or Infirmity, courting imperfections which carry with them an Attainder of Blood. At best, he blindly subjects even his present Fortune to the discretion of a woman taken at random from the Lottery of a licentious Age. For with what Arms shall he defend himself from her Wantonness, Malice, or but Folly? Some indeed oppose the Husband's Authority as a sufficient Target; but alas! our Prisons, I doubt may now afford a full Regiment of such Martyrs: so dangerous a Privilege hath it prov'd of late for our fair Ladies to be unconcern'd in Debts of their own contracting, and so make their Husband's Mittimus at their pleasure. Stay, there is yet (if possible) a sharper Sting in the tayl of this Miscarriage; for to win those unprofitable Trophies, vast Joyntures, and even Liquid Rents are often extorted, Conveyances and Trusts are multiplied to dangerous Expence, but far more dangerous Encumbrance; indeed the endless perplexing of Claims and Titles, a fruitful Sedolet of pernicious Suits and Discords in after-times. Troth, if the Husband henceforth write Philip and Mary, 'tis all he can hope for: She reckons his Estate her Purchase, and disputes his Property; not to lie admonish'd without Sullenness, nor controll'd without the menace of a final Breach, and intimation of worse, the danger of Elopment being fairly provided for by sutable Alimony of course presum'd: towards which, and for the perfect binding of foolish Jealousie to its good behaviour, on the same worthy Consideration whole Patrimonies are likewise settled; whereby at one dash the sheepish Owner, forfeiting as it were his Inheritance becomes a sorry Pensioner, devested of all Authority, unable to serve his Prince or Friend, or help himself in case of any Exigent unforeseen. His eldest Son he makes his Landlord of an interest wholly forreign and independent, able to borrow more pounds than himself can fairly shillings; and claiming not by descent, much less by his Father's bounty, but by even his own or his Mothers purchase, or at least the wise provision of his Parents on that side. No marvel then if his Obedience prove answerable, since without some preternatural Obligation, 'tis daily seen what becomes of filial Duty and Reverence. His younger Children, like Estrich's Eggs, he exposes to pity, that is, contempt, and the miseries that attend poverty and quality in conjunction; oft-times disabling himself so much as to countenance them in a Mechanick Course, with such manifest hardship, that he can never look clearly on them, nor almost challenge their observance. Thus it happens to his Family, as where Dung lies still unspread; the whole Farm is Barren, and the Maxim Maxine noisom. But besides all this, to me methinks it is not a little strange, that in the very Bargain such Fallacies should be obtruded on men endued with Number and Sense. First the Portion is computed to yield an Income answerable to the Current Rate of Interest, and measures for Settlement accordingly taken; whereas, though it came clearly to account (as scarce ever it doth) yet with Gentlemen of noble and free Estate, whose stock seldom runs in that Channel, 'tis fair if it turn to half that profit; and then 'tis admitted as a Revenue proportioned to the present Maintenance and Port of Wives: when, alas, were it fairly examined, not grosly swallowed like a Dutch Reckoning Altmeale , it would but too plainly appear, the Pomp of such Women is rarely defrayed at double the charge: For so great is their overweening, so little their tenderness or Justice to their Husbands (into whose Families they are not kindly engraffed) that those who at their Parents allowance were proud enough of keeping their Maid, and gloried in the Managery of a sorry Stipend, do, on their Marriage, even challenge an exorbitant Train and boundless Expence, little caring what becomes of their Husbands, so they hold fast their Joyntures. On the other side, a generous and prudent match, is further improved with divers Felicities naturally attending it; which I shall endeavour by way of Antithesis to exemplifie in many pregnant Instances. To those golden Idols of course belongs a superstitious worship, with such tedious and frivolous addresses and pursuit for the most part, as, besides the present Excess, lays a foundation for future unthrift, (a Torrent which is scarce to be suddenly check'd;) so driving men upon all accounts to a scurvy After-game. For though the Oaths of Suitors are become a By-word (as for their Vanity they deserve) yet at best they are dangerous impertinencies, scarce consistent with Wisdom or Honour. To vow a Talent with meaning a Drachme, to flatter egregiously without ground of Truth, how vile and abject is it! And if such as use it meet with the success they merit, by being taken at their words, are they not paid in their own Coyn? For how can they worthily assert that Authority which they have so prostrated? And with what Forehead can they challenge that Duty, where they have sworn such Fealty and done such Homage? He at once cuts off all this Pageantry, who appay'd in his Self-sufficiency without other regard, gratifies his inclinations, makes his own Conditions, and is courted to his real advantage: he breaks not his word, in keeping and using his power, nor renders himself Usurper to his own Right; but finds her indeed a Wife whom he never made a Mistress, nor furnish'd with any pretence of aspiring to it. How little soever she brings, I dare profess, that at seven years end, on this account, he shall boast of his Bargain. It hath been noted as the fatal Error of our common Oeconomy to begin at the wrong end, by indulging present Excess, and projecting future Thrift: We see goodly Vessels daily split upon that Rock; whereat none will marvel that consider how preposterous and almost impracticable it is, from the difficulty of playing the After-game of Fortune and reforming evil (but especially voluptuous) Habits; from the daily growing charge of Children and their Education, as also from the disrepute attending such Retrenchments. Besides, of what consequence in it self considered must it be to save or spend at first? Since a stock timely saved, may be easie improvement in some years double its Capital; but a Sum early borrowed shall within the same period quadruple its Debt: whereby the perpetual plenty or penury of Families, with all the ensuing benefits or mischiefs seem chiefly hereon to depend. Hence that homely but useful Proverb, of taking her down in her Wedding-shooes; which to Wives not intoxicated with Fortune is familiar enough: whereas those Courting stocks, from the Cradle cockered, and only wedded to their Wills, are not to be convinced but by late Experience, the curst Schoolmistress of Fools. No man is so unvers'd in houshold or worldly affairs, but must observe how good Families are preserved, and both interest and repute advanced by the honourable Residence of Landlords upon their Demesnes, by constant absence or frequent motion undermin'd and eclipsed: Insomuch as some stick not to averr, that before the common use of Coaches, few but Traytors or Felons made shipwrack of their Freeholds. Indeed if the Husband should be forth by occasions or on publick Service, yet what hath the Wife to do, but stay at home, and as a trusty Deputy act for his interest by his order in his stead? Her House is her proper Sphere, her best Title that of Huswifery; which if she merit not, she is so far from being a help meet for him, as she is certainly his great encumbrance. But is this the practice of our Female-sparks? are these the Maxims of such as by the false measures, and with the natural arrogance of rich Wives, ever fancy they have over-bought their Husbands and under-sold themselves? Do they espouse their Husbands welfare, or but consider it in competition with their own ease, appetite or humour? What noise is heard but the loud Eccho's of their Fortune, with challenge of Equipage and Expence in their Judgment sutable, that is, vastly exceeding it, and such as few Estates can support? Is not Home their banishment, and London indeed their home? If their Lot be not to live in that or some other good Town or place of like charge and divertisement, what exceptions are taken! what objections and delays contrived! The Air is either too moist or too cold, too thick or too thin; the ways thereabouts to be sure are either dirty or stony; the House too solitary or too near a Street, not of modern Fabrick, or modish Furniture: The Gentry of those parts not Courtly; not a man it should seem within ken qualified for a Gallant; the Commonalty rude, &c. Possibly they are at length hal'd to their homes as to Prisons, but hir'd, forsooth, with the Donative of a Child's portion or two, to purchase Toys for the Wife, and therewith quiet for the Husband. Being placed at the Helm of a good Family, like a Monkey at the Steerage of a ship, their first care is to solicit acquaintance, and their main business consists in the Ceremony of receiving and returning visits; their Entertainments finding work for three or four Servants, their very Salutations and Appointments too for almost as many: so that here to act the part of good Husbands in the Vulgar notion both to Wives and Estates, to gratifie the one and preserve the other is perhaps next door to impossible. The good Nature of Children singly considered is of greater moment and advantage than wealth, the improvements of it being far more excellent, and the miscarriages less reparable. For what recompense of Fortune to a Creeple, a diseased Body, an uncomely person, above all, a crooked Mind? and what Portion equal to those personal Endowments, the propriety whereof neither Fortune nor malice can invade? To this eminent Duty the true Huswife dedicates her time and pains: her Children are her Garden, her Park, nay her Court. In their tender years her business is to protect them from disasters and injuries, to secure their health and growth, to observe their Genius, to instruct them in their best Capacities, yet rather leading than driving them, and supplying their defects with her skill and diligence; in all which her thrift is sutable to her tenderness. Her Sons she early resigns to their Father's Discipline, never interrupting it with pernicious fondness: In their riper years, she insensibly trains them to laudable Qualities, (yet for use not ostentation) her Lectures and Charms chiefly tending to the banishment of pride and sloth. Having thus seasoned them with Principles of Thrift and Content, she scrapes not for portions, nor is solicitous of their preferment, which she trusts may succeed to her wish, as commonly it doth; however she acquits and satisfies her self with this reasonable confidence, that if they prove not fortunate, they can scarce be miserable; which yet to our delicate and shiftless Dames frequently happens. But will our She-gallant now adays admit any such vulgar duty as the tendance of her Children; surely, that she leaves for Mechanicks, assigning the drudgery thereof to Hirelings, who accordingly perform it to treble Charge and Expence, as needless, as fruitless: she hears not their complaints or wants, much less sees them, but in their sad effects, incurable lameness or sickness, to the sudden expiring even of fruitful Families; no, the importance of her Dresses or Treatments affords not leisure for such trifles; or if to supererogate she mind them by fits, yet through her partiality or uneven Temper, such regard proves worse than neglect. On her Sons (especially the eldest) of course she dotes, underhand fomenting their stubbornness to the overthrow of whatsoever their Father with his Wisdom builds. In fine, her chief care is to cultivate their pride, the rankest Weed of our Nature, by good parents so industriously subdued: To her own Idea she frames them, for indeed better Principles or Manners than she hath how should she infuse? so that people in the Streets scarce forbear to proclame them Chips of the old Block; and at last in despite of their Father's provision, 'tis great odds, they marry either to his disparagement or their Husbands undoing. The exact survey of their own Estates is a skill and employment more worthy of prudent Landlords, than some other their Entertainments, plausible indeed but not practicable; were it more in request, good Families would not so fast decline. It would impartially discover to them their strength or weakness, and acquaint them what indeed they have to spend; which I dare pronounce is seldom half so much as Fame and Opinion suggest unto them: For computing Revenues now adays with their manifold losses and Reprises, they prove in effect like some fruits, little more than Shells and Parage; which how generally soever discours'd, is seldom rightly stated, save by such as have smarted for their Experience of it. But how harsh a note is this to our Damsels, enured to reckon by thousands! Can they disgorge what they have so well digested, or patiently hear, that in the estimate of their Husband's Income, there happen'd, forsooth, an unlucky mistake of Pounds instead of Nobles? Alas! that might endanger the gilding of their next Coach, the reducement of their Equipage, their forbearance of London, &c. No, there's a trick worth two of that, even to set the best foot forward; not to brook such unsavoury Truths, but rather to their own and their Husband's Credit, to admit the popular Cry, and with it conspire to his Bane. Of like necessary use is it to be vers'd in the Rates and Measures of houshold Expence, which in wellgovern'd Families should be almost as regular as the victualling of Fleets; to have the faculty of handsom, but withal provident House-keeping and Entertainment; of procuring Equipage and Furniture of all sorts at the best hand, likewise of adjusting, preserving and repairing it: for want whereof our English Ladies are said to have contracted such obloquy in Holland, where by reason of the constant dearness of Provisions, and endless Payments, no man of what Estate soever without great frugality can thrive or well subsist, that a Dutch man scarce marries one of them without the loss of his Tradingcredit. Some of these Qualities the right-bred Huswife sucked in with her Mothers milk, others she learned with her ABC, and for the rest proves no Truant, her Genius being active, and fixed on the Idea of Huswifery as its proper object; wherein her defects, if any, are of course supplied by her Husbands Experience, whose Advice, whether directory or monitory, finds her ear always open to it. But what hope of enammelling a mere Flint? what thought of instructing persons too dull to apprehend of themselves, too froward to learn? Offer our Female Libertines any Counsel that trenches on their Vanity, or pinches their Sloth, 'tis at best durus sermo , and accordingly with them it speeds; reckoning or contrivance, it should seem, are as much below their breeding as Thrift: Rather they have conferr'd notes with the good Fellows, whose generous Maxime, they say, is to drink as long as the Cup will ramn; the utmost extent of their Husband's credit (if they can carry it by hook or by crook) being the only limit of their Expence: otherwise Estates could not be so commonly blown up without noise, and as it were with white Powder, nor mouldred away by good, that is, demure and well-meaning Wives, faster, methinks, than even bad Husbands dispatch them. Of Wives advisely taken from a frugal Stock, the same proof may resonably be expected as of Trees chosen out of a Nursery, the Glebe wereof is found but barren, and remov'd into a richer Soil; or like a Rhenish Grape transplanted into a Southern Climate, the Race whereof is said to be our right Canary. Such are commonly unacquainted with delicacy or sloth, and early seasoned with this Principle, That their esteem for Virtue and Huswifery is their best Portion: so as the improvement of their Condition by Marriage to their Native Qualities, must needs add that of Content and Complacence, than which nothing is in Wives more amiable. The Restraint of others proves their Manumission, and they are apt to err on the safer hand, Retirement: or if their sprightly Genius with their Youth should incline them to the Gayety of Towns and Treatments, yet not being naturalized thereto by Custom, they are by the sense of their Duty or personal Engagement without violence reclaimed. Nor is this happy Temper only considerable in it self, but in the soveraign influence it hath on their Husbands, thereby often wean'd from their Extravagancies: whereas there is no Purgatory to the unquiet Conversation of some Wives, when their boundless appetites or lofty expectations are not gratified. The turbulency of such, if Solomon may be credited, turns a Palace into a Cottage, or, if we will trust Experience, into Bridewel or Bedlam. Nay though it be but the common Chagrin, and little moods of our peevish and affected Dames, the endless impertinence of them too often so disturbs men of better Principles and Humour, that finding themselves uneasie sojourners in their Houses, under pretence of Civil Inclination, have courted their divertisement in the freedom of Lodgings at London, or welcome of Inns and Taverns which their Purses command. But then whilst the Lawless freedom of these Planets by inviting Courtship, if it betray them not, yet seldom fails of exposing even the best of them to their Husband's just resentment, nay to Lampoons and Vulgar Censures, with indelible stains of Honour; the wise and decent Reservedness of these fixed Orbs, as it worthily endears them to their Husbands, so it preserves no less their Fame than their Virtue, and perfumes their Memory. And as there is nothing more fulsom than the pride of these goodly Cyphers at the Spring-tide of prosperity, so in any ebb of Fortune, by their drooping and whining they at best discover their dross. Take from these Birds of Juno their Train, and is there ought so vulgar, indeed so despicable? But though their Spirits sink, 'tis great odds their Spleens rise; and then whether the decay proceed from publick Calamity, private misfortune, or, as too oft it happens, through their own fault, Reason and Patience give place to Fury and Clamour: the portions they brought are aloud objected, and their Husbands (though indeed the chief, if not the only sufferers) arraign'd for betraying their innocent wives to the distress of missing their Coaches and Liveries: the noise and anguish whereof is to ingenuous Natures so sensible, that it drives them as it were in their own defence to purchase their present quiet with ruinous compliance and concealment of their Exigencies; it being observ'd that our Domestick breaches (now so familiar) have generally their rise from the first visible decay of Husbands in their Estates, and their necessary abridging the superfluity of such Wives: for they are mere Summer-friends, and a sort of Legal Concubines; their love depends on their fare, and no Penny, no Pater noster , is their Principle. What a Cordial is this to men in affliction! such a female Comfort for all the world had Job. Much happier is the Omen of generous Matches, Desert being the womans Dowry: To such the vicissitudes of Fortune are no surprisals. The Virtue of their Education qualifies even their prosperity, and for the most part secures it: but if the same wings of wealth which brought it to them, should carry it from their Husbands, they retreat in order, and easily renew their old acquaintance acquintance with Thrift; nay, with less reluctancy can they go, if need be, to America, than most Wives are drawn from London into some neighbouring County; as owning their Husbands welfare for their only interest, and that for their Country whither his occasions call them; whose very Eclipse by such chearful aid and compliance proves to him a state rather of Temperance and Retirement than want. But lastly and chiefly, great Portions (as before was hinted) are dearly purchased with answerable Joyntures to the exceeding detriment of good Families, by keeping the Heirs almost in perpetual Nonage: whereas by dispensing in point of Fortune, all such pretences vanish, and moderate provisions (consistent with the well-being thereof) are chearfully embraced; which being accordingly made in in in Bar of Dower, and (for the greater share) limited to continue only during Widowhood, are likewise the best, perhaps only sufficient Fences against those fatal Trespasses and Disseisins, which commonly ensue from the rashness of young wantons in the choice of their second Beds: the Fortune-catcher through his silly purchase and groundless confidence, proving in the mean time little better than a Pimp to his ignoble successor, and a Butcher to his posterity, expos'd almost as a certain prey to the Intruder. For daily experience acquaints us, that as Widows (so continuing, and honourably retaining the name and memory of their first Affections) are of all others the most faithful and happy Guardians and Executors; so there is no hostility to the unnaturalness of Mothers, when forsaking as it were their Colours, and betaking themselves to the adverse party, they become a kind of Stepdames to their own Brood. I foresee you will meet with several Objections, commonly urged in excuse of that ignoble Principle and practice, viz. the dispensing with any thing in Marriage rather than Money, and compassing the Golden Wedge on any terms, which with one of your Judgment must even carry little weight: however I shall briefly examine the most material of them. 'Tis alledged 1. That these Maxims and Assertions, at least divers of them, are obnoxious to the fair Ladies frowns. 2. If the maintenance of Wives be so costly as is here surmised, and if there be such failour or contingency in the Revenue of Land, the greater still the obligation of marrying for Money. 3. By dispensing with Portion sutable to the Estate, men incurr the popular Censure of being overreach'd in their bargain, and so forfeit the esteem for discretion. 4. Joyntures answerable to the Quality of Husbands, and our Legal rate of Dower seem decent if not necessary. 5. Settlement of Estates upon Marriage hath been ever reputed and found the best preservative of them from being squandred by the profuseness, or forfeited by the precipitancy of Youth. 6. Straitness of Fortune is generally attended with meanness of Education. 7. There are no such Qualities in women as can recompense want of Portion, nor any such defects as to counterpoise a vast Dowry, and therefore those surmises vain. 8. Such is the Lottery of Marriage through the disguises of women, that the whole Advice seems fantastical; true worth having no outward Mark. 9. 'Tis confin'd to Gentlemen of great and clear Estates who are few, and therefore at best of little use. 10. Even of such the greatest greatet part marry at an age scarce capable of those Counsels, being sway'd by their amorous inclinations; and whatever caution is used in the Bargain, yet by the insinuation of crafty Wives 'twill be afterwards easily defeated. 11. To redress even abuses of such prescription is a frivolous Enterprise, neither will men be so dazeled with meer flourishes, as not to see and pursue their solid Interests. To the first 'tis readily answered, That all fair and deserving Ladies will, I doubt not, take me for their Advocate; and if they smile, the frowns of others shall the less concern me: under that Imperial Banner I assure my self both of safety and victory. To the second I cannot better reply, than by referring to the several Antitheses betwixt Huswives and Gallants; which, together with the notorious fallacy and encumbrance of great Portions stop the mouth of this Objection. To say the truth, 'tis with women as with Fire and Water; nothing so destructive where they prevail or exceed, nothing so innocent and useful in their proper limits. To the third; Men should act with Reason, not regarding popular Censure, their real welfare being of greater consequence to them, than the verdict of that incompetent Jury. As to their being overreach'd, may not the retaining the Dominion of their Estates abundantly salve their Credit? Surely they will be so far from fearing the Censure of wise men, as rather to win their applause, and perhaps invite their imitation. The fourth might better have been urged formerly, when Widows were indeed such. But if in moderate and limited Joyntures there be Errour, 'tis at least a safe one, reparable at pleasure, in case of special confidence or desert; the other mischief in case of demerit, being irretrievable: nay, the very reservation of Power in the Husband to oblige or resent is perhaps the life of his Authority. To the fifth, Though no humane Providence be entire and complete; yet the absolute dependence of eldest Sons on their Father's bounty is the likeliest means to secure their Duty, and curb their Perversness and Extravagance: however let them at least owe their ruine to their own, not their Father's folly; and if perish they must, die rather like men than beasts, ordained to be innocently sacrificed. The sixth reflects untowardly on our Gentry, who though disabled to raise Mountains for their Daughters, yet oft-times recompence that want with generous and usefull Breeding, such as Money perhaps cannot compass, and will therefore disdain that Vulgar scandal. The seventh bids defiance to common Experience, which affords frequent Examples of Wives, by whose Huswifery, without advantage of Dowry, weak and encumbred Estates, even in adverse times, have been notably rescued and improved: but of eminent Landlords by hundreds, without any visible improvidence of their own, strangely undone through the Vanity of women. Nay, there is scarce any numerous Brood, which presents not this variety even among Sisters; some whereof were born for the support of Husbands, others for their downfal: so considerable is that Sex to the Lustre or Eclipse of Families. Indeed were Wives but so just or goodnatur'd as to continue their Maiden-thrift in their married State, Husbands would grow but too rich. The eighth reduces the matter to blind Chance, disabling not only Reason but Sense. Much I allow to the Artifice of Women in appearing to advantage, and with such outsides sordid Minds are affected, like greedy Vermine caught with slight Baits; there would not otherwise be such Devotions paid to such sorry Saints: But men of noble Intention are not so enchanted; Real worth being to such as discernible from Affectation, as fine Silver from Alchymy, or true Beauty from Dawbing. For the ninth, I admit Gentlemen of entire Estates to be herein concern'd, but not exclusively to persons of all degrees having any solid Fund of Revenue; these Maxims being proportionably Universal. The tenth is grounded on the presumption of inexcusable Fondness in most that marry. Truly I have not of late observ'd that amorous humour to be very predominant in our Matches; the other and worse Extreme of preferring a Licentious Celibate, or marrying with a vicious intent, being, methinks, in far more request. Some there will ever be, in whom Fortune and Folly conspire to their ruine: These I abandon as Strays and Forfeits to the Lord of the Mannour where they first light; but they are comparatively fools. The danger of defeating Conditional Settlements seems yet more remote, there being little fear of such dotage in those Husbands who had once the Prudence to make them; and less encouragement, one would think, for Wives, by such plain dealing, to proclaim their design of Second Marriage. The last were indeed a just Exception, if herein I pretended to more than the advising my Friend: The subject I confess is copious enough; one might without straining argue the importance of it to the publick, what price, and consequently what life it would give to the languishing Virtues of Women; what a Curb it would prove, not only to that Sexes Vanity, but to Luxury in general, it being notorious that in effect all our ruinous Pomp may be charged on womens account, as being either by them, or for them incurred. What a sumptuary Law it would prove, if the extravagance of Wooings and Weddings were reduced to their simple Decorum; How it would restore the Lustre of our Gentry; how it would check the pride of our Money-monger; chiefly founded in their greedy swallowing of his treacherous Baits; How it would advance the noble interest of Land, by rescuing it from the snare of cheap and prostitute Encumbrances, &c. But you see I trouble not the Policks, leaving our Wits to dispute, whether the general disallowing or limiting of Marriage-portions were profitable or practicable: Let others use their discretion, and take their fortune, you, I dare say, are neither Votary nor slave to Custom. To conclude this tedious Epistle, Marry in God's name; your Ancestors deserve and require it of you, who both by their Virtue rais'd a Family worthy to be continued, and by their providence left you an Estate sufficient to continue, nay, to enlarge it. Let no licentious Principle of the Age divert, nor Vulgar Prejudice deter you from a state of Life for you so expedient; and which for Gentlemen of your condition, (what ever may be surmised) hath no Fetters but of their own forging: Marry, I say, but generously and circumspectly, even the most worthy or lovely person you can meet with or hear of. 'Tis a debt due to your Posterity that you propagate the best you can; nay you owe it most of all to your self and your own welfare: if somewhat must be dispensed with (as in all worldly matters there certainly must) let it be money, since that to my knowledge you least want: but for the propriety of your Estate, let nothing wrest it from you, and scorn that all the Bags in London should decoy you to settle it: reckon it to you as sacred and essential, as to Princes their Militia or Negative Vote; and part no more with it, than, were you a Soveraign, you would be bought or cajol'd tamely to resign your Sceptre. For matter of Joynture use your own Latitude; but limit the main of it to Widowhood, or the Heir's Minority, as you see cause. Be not so supine as to make no provision against Power; above all beware of Liquid Rents: Be Captain of your own Pinnace whatever it cost you; what you lose in the Hundred, you will abundantly recover in the County; and though you finger not a Token, know 'tis the best bargain you will ever drive. For your general and final direction take that of the Roman poet, Veniunt à Dote Sagittæ : With this of the famous Epigrammatist, Inferior Matrona suo sit, Prisce, Marito, Haud aliter fiunt fœmina virque pares.

Miscellaneous

A LETTER Of Advice concerning Marriage.

A letter of advice concerning marriage

MscA1685

UPon the 27th. day of August 1684. I Thomas Phelps set sail from the Downs in a Vessel called the Success of London, about fourty Tuns, laden with Salt, bound for a place in Ireland called the Ventrey, where we arrived the 10th. day of September: I stayed there some while, and kill'd Beaf, designing for the Madera's and Mount Surrat; accordingly on the 20th. of September, I set sail for the Madera's, but my design was crost, and my Voyage stopt as followeth: Upon the 5th. of October (being then a Hundred Leagues, West off the Rock of Lisbon) we saw a sail to windward of us, which immediatly we found to give us chace; we made what sail we could from him, and night coming on, we had, for about Two hours, lost sight of him, but at the rising of the Moon, he got sight of us, and quickly came up with us, hailing us whence our Ship, we answered from London, demanding the like of him, who made answer from Algeir, and withal commanded us to hoist out our Boat, which we refused to do, but we brac'd our head-sailes for him, immediatly he sent his Boat towards us, when it was got almost by our side, we gave them Three shouts, which so surpriz'd them, that they thought it convenient to retire aboard their own Ship; We were not a little chear'd at their departure and made from them with all the sail we could make, for we had not one great Gun, and as for Powder, I believe one single pound was the outmost of our store: In the mean time he was hoisting in of his Boat, I had got above two miles from him, which made me think I was clear of him, and withal that the Ship must be an Algerine, she appearing so great, that, according to the stories in England, I thought no such Ship could belong to Sallé; But I found my self within a little while, mightily mistaken, for as soon as his Boat was hoisted in, he presently fetch'd us up again: We had try'd his sailing all ways, but found we could not wrong him any way; so seeing him a stern, and a thing impossible to lose sight of us, I put out a light for him, notwithstanding I was possest at that time (God knows) with fear enough, but I thought, in the Dark, my seeming confidence and resolution might impose upon him, so as to fancy I was of some force; And truly afterwards he confessed to me, that he thought I had six Guns aboard and that I did intend to fight him. He kept a stern of me all night, and in the morning he put out Turkish colours, which I answered with our English; then he came up, and saw I had no boat in sight, for my boat was stow'd down betwixt decks, he commanded me therefore to brace to my head-sailes, and then he sent his boat to demand my pass; Aboard her was an antient Moor, who formerly had been a slave in England and spoke good English, and who was set at liberty by our late Gracious King Charles the 2d. He seeing us in readiness with what arms we had, ask'd me, if I had a mind to break the Peace, he told me I needed not trouble my self to keep them out of our Vessel, for none of them could be perswaded to come aboard me. I brought him my Custom-house-Cocketts, for I had no Pass: The Moor aforesaid carried them to the Captain, but soon after returned, and told me that would not satisfie the Captain, unless the Master himself would come; I made answer that I would not come, that I had done what I was oblig'd to by the Articles 'twixt England and Algiers: The boat a second time put away for their Ship, and whilst they were hoisting in their boat, I made what sail I could, and was got a mile or more from them again, entertaining better hopes than I was in the night before; But as soon as the boat was in and stow'd, the Moors made sail and came up with me again, the Captain ordering to tell me, that if I refus'd to come a board him, he would come aboard me with his Ship; with that he rang'd up my Weather quarter; I immediatly put a stays, which put him into some confussion, so that he was forced to put a stays also: He had then no Gun, which I could perceive, I saw his Ports, and his Wast was Man-high: As I came about I run under his stern, then bore away right before the Wind, he soon came up with me, but not one shot pas'd all this while, he demanded of me why I clapt a stays for to run a thwart his halse; I answered that I doubted he was not of Algier, he swore in English, to me that he was, else before this he would have discover'd himself, and withal he told me, that if I did not come aboard, he would straightway sink me, and so he hoisted out his boat, in the mean time I boar away, but his boat coming up made me bring to again and brace a back; His boat then came aboard, I ask'd this Moor, who spoke English, what ship of Algiers this was, he very readily without stammering told me, she was call'd the Tagerene young Canary Commander, I immediatly then went into his boat; so soon as I came aboard, the Captain ask'd me why I was so hard of belief, My distrust was such then that I pray'd the Captain now that he had me aboard in his power, to resolve me whether he were a Sallé-man or not, he swore to me again that he was of Algiers, and that I should not be wrong'd; He made me sit down, and caus'd them to set Dates and Figgs before me: A little after the Captain told me that he was made acquainted by his men that they saw two Portugueses aboard my Ship, and that he would have them out, and then I should be gone about my business, I told him I had none such aboard, but he would see them two men, so two men were sent for, after that he told me there were three more and them he must have, well to be short, at last he was suspicious that I was a Portuguese also, and to convince me that I was one, I found my entertainment presently withdrawn? Thus did this faithless Barbarian serve me, until he had wheadled all my men aboard him except two, and then the valiant Moors entred my Vessel with abundance of courage, heaving the two remaining English over the head of the Vessel into the boat. Thus were we all Strip'd, the Vessel Plunder'd in a moment, which they did resolve to have sunk, because they were too farr at Sea distant from their own coast, but Immediatly we saw five sail bearing down upon us, which startled the Moors, putting them into a great fright, obliging them to quit my Vessel with abundance of Beaf and three Boxes of dry goods aboard, which their fear would not give them leasure to rummage for: In some small time the five Vessels discover'd us, when they came within two Leagues of us, had they bore down afterwards with that resolution, that they threatned before, the Pirate would never have stood to look them in the face; but alass like distracted fearful game, every of the five Ships took a several course, and being now night they all escaped. After that we cruised about thirty Leagues to the West of the Northern Cape, and so to the Burlings, but no nearer than Twenty Leagues to the shoar, and therefore I imagin there is more safety for small vessels bound that way, to keep the shore as near as is possible, for I know certainly they never attempt to come near, but endeavour as much as they can, to avoid the shoar because our Men of War use to careen at Lisbon. I am likewise pretty well satisfied for that small time that I was amongst them, (altho' it was too long for my profit) that no Sallé-man will fight a Ship of Ten Guns, which I found true by observation of a Country-man from Bristol, whilst I was aboard: We came up with him and hail'd him, and would have had him put out his Boat, but he refused, and withal shew'd himself ready in his own defence, upon which we were glad to leave him. So that to satisfie all my Country-men who follow my trade I dare confidently affirm, that if I had a Ship of Ten Guns, and it should be my fortune to encounter any of these Sallé-rogues, (who all go under the notion of Algerines, who are now at peace with England) I would encourage him to send his boat, by acquainting him that our Master would come aboard and shew his pass, (which is the thing they aim at) And when the boat was come to my side, (any man of reason may judge then whether she were from Sallé or Algiers, but however I would commit nothing should be judged a breach of the Peace, 'twixt England and Algiers) I would heave in a Grapling and secure the men, all save two, whom I would permitt to return aboard and bring me a Christian, or else aver my Pass, if they will not do that, I am then satisfied what he is, and think my self obliged to defend my self from Slavery, but this I am very confident of, that he will never stay to dispute the case afterward. About a fortnight after I was taken, we met one Samuel Crampton who came from Faro, and whom we soon took without any resistance. The week following we took a small Ketch come from Cales, laden with Sherry and Raisins and bound for Limrick, John Elliot Master. The number of us Christians taken aboard the Three Prizes was Twenty five, besides Twelve which were aboard the Pirate, in all Thirty seven; We who were newly taken were kept in Irons in the Hold. After the taking of these Three Vessels the Pirate made all the sail he could for Sallé to save the spring Tide, which flows at Sallé and Mamora S S W about Thirty Leagues: To the Northward of Sallé, we met a Fleming who came from Sallé, and told our Commander that the English-men of War were at Tangier then, attending Captain Nicholason, which caused us to bear directly for Sallé and fell in directly with the Castle, where were no English-men of War, according to the Advice. On the Bar of Sallé there run a great Sea, which obliged us to come to an Anchor near the Bar, where we rid Six hours; then were we poor Christians all let loose from our Ironshackles, wherein we had been confin'd for Twenty days preceeding: the Captain sent the Boat, as near the Shore to the South of the Bar, as possibly he could, to enquire what News, there they were acquainted that they might safely come in the next high Water: whilst the Boat was gone a Shore, the Moors, we observ'd, fell all fast a sleep, the Captain also, with his Head over the Rail, upon the half-Deck seem'd deeply ingag'd: This opportunity me thought was very inviting, I made a proposal of it to my fellow Slaves, and undertook to do the Captains business my self: The Christians were forward enough to comply with the motion, and Eleven of the Twelve, (which were Slaves retain'd in the Ship before our being taken) they also were willing, if the Twelfth who was Steward in the Ship would have consented, but this sneaking varlet prov'd recreant, and for fear of him the other Eleven turn'd also Renegadoes to this Heroick and Christian resolution; I had a mind to have dispatcht this troubler of our peace out of the way first, but the fear that his fellow Slaves would have severely resented it, restrain'd my resolution; the Slaves Name was Will. Robinson, he professed himself a Christian in words, but in deed we found more civility from the Moors than him. At Four in the Afternoon, we weighed Anchor, and stood in for the Bar, we struck Twice going over, but without any dammage; it was upon the First day of November, after we had helped to moor our Ship, at Night we were all carried ashore, and conveyed to our Lodging, which was an old Stable, but without Litter or Straw, having nothing save the bare dirty Ground for our Bed or Pillow; the next Day we were all carryed aboard the Ship to Unrigg her, and get out her Ballast, which we did; about Four in the Afternoon, I was sent for ashore to come to the Governour, who passed his sentence on us Three Masters, that we should go to his House, and there remain, until we were sent for by the King; we remained at his House Ten days, where our daily employment was to Grind the Corn for the use of his Family; at length there came an Order for us, and all the rest of the Christians to be carryed to the King, whose Ordinary and then Residence was at Machaness, a place which this present Emperour has set his Fancy upon, and bestows most of his care, and employs all Christian Slaves in Building there; it is distant from Sallé about Seventy Miles, and from Fez Thirty. In our Journy thither, I cannot forget our Captains extraordinary civility, in Accommodating us sometimes with Borricoes to ride on, so that in Two days and a half we arrived thither: The First night we were not brought before our great Master, but the following our Captain presented us before him, and withal some Portuguese Plate, which was taken in Mr. Crampton's Vessel; as the Captain gave it into his Hand, the surly Tyrant with a seeming scorn and disdain heav'd it against the Wall, which was the first Action I observ'd, and did a little discover the temper of my new Patron Muley Ishmael Emperour of Morocco and Fez, &c. He ordered us to be sent amongst the rest of our fellow Slaves; as we went we were entertain'd with the civilities of the place, and welcomed by the joyfull acclamations and complements of the Moors kicking and slapping us all along, which appeared very uncouth to me, who was but a Stranger, but that Night my fellow Captives allayed my wonder, by acquainting me, that what had past was nothing, it was only a sutable Prologue to all the Tragical sufferings that Christians must endure there whilst they are Slaves, which were so dreadful, that I could willingly, that very Night have ventured my Life to endeavour an escape; they Painted out to me the Tyrannical humour of the Emperour, both towards the Christians and Natives, in such Bloudy Colours, viz. how they had seen him Butcher many Thousands with his own hands, how that none can be secure in his presence for that the varying of a look, a small spot in the Garment, or any such inconsiderable circumstance, will raise such a caprice in the Emperours Noddle, without any other provocation, as to endanger all the Heads before him, and it is very rare if the company escape with One or Two only Beheaded, or Lanced through the Body. The Second day after my arrival thither, I saw him Lance Seven and twenty Negroes one after another, and every Day after, until New-years-day, (when he parted to Santa Cruz with his Army) I either saw or heard of his inhumane, but yet, through custom, to him Natural Barbarities, Killing and Dragging, but this latter is a piece of respect observed only to Minions and Favourites, Vice-kings and Alcaids; yea his Women are not able by all their Charms to avoid his Fury, but are more the objects of his implacable rage than any other passion: I have been several times in the West-Indies, and have seen and heard of divers Inhumanities and cruelties practised there, I have also read in Books, and have heard Learned men discourse of the Sicilian Tyrants and Roman Emperours, but indeed I forget them all, they are not to be named in comparison with this Monster of Africk, a composition of Gore and Dust, whom nothing can attone but humane Sacrifices, and to be in whose court it is much more eligible to be his Horse or his Mule, than to be his Privado or Wife of his bosome, from whose greatest kindness my good God ever defend me, for his mercies are cruel: Yea even Hamed Ben Haddu who was his Embassadour here in England Three years ago, altho' he was received and entertain'd here with extraordinary civilities, and carress'd every where by all the endearments of kindness and respect, and altho' by his fineness and Moorish subtilty, he stole into the Inclinations of the well-meaning and good natur'd English, so that he obtain'd the reputation of Ingenuity and candour, Yet the Dog has return'd to his Vomit, and by woful experiment, all my Country-men, who come under his power, find him a harsh and cruel Master, who manag'd his affairs here with deep dissimulation, and now improves his knowledge of English affairs, to the detriment and ruin of all the Kings Subjects, with whom he has to do; if it be his fortune to meet or pass by any of them, his custom is (as all the English can attest) to salute them with a devilish Curse to the best of my remembrance exprest thus, Alli Haztebuck, i.e. God roast your Father: he is indeed reckoned a great Master in the art of Dissimulation and Flattery, a qualification, which seems very requisite in a Courtier of such a Barbarous Bloody Tyrant as his Master is. But to proceed, my fellow Christians in the next place, shewed me the staff of their life there, i.e. their Bread, which was of Barley, but black, and withal it stunk, the Corn being kept Seven years under Ground before us'd, one Days allowance if sold, would yield only Nine Fluces, which amount to Three Farthings; Flesh is cheap, both Mutton and Beef, but Mony is scarce, Two pounds and a half of Beef, are ordinarily sold for a Blankil, i.e. Two pence half-peny, and Two pounds of Mutton at the same rate; good white-Bread is also plentiful, half as cheap as in England; but what is this to the Slaves who have not a Farthing, and not a bit is allow'd us without Mony; I am confident there is many a Christian there, who hath not tasted a morsel of Flesh in Five Months time. The Country is a pleasant Champion Country, very Fruitful, well Watered, productive of all sorts of Fruit in plenty; we Christians who arrived last, were excused for Two days from Labour, only we were instructed in our deportments to our Negroe-Taskmasters, who afterwards gave us severe chastisment for our mistakes and lapses: our Work and Daily Labour was continually Building of Houses and Walls; the Materials and Method is very Forreign and will appear strange to my Country-men here; there are Boxes of Wood of dimensions according to pleasure, these we fill with Earth powdred and Lime, and Gravel well beat together and tempered with Water, and when full, we remove the Box according to order, and withdraw the Box Planks, and leave this matter to dry, which then will acquire an incredible hardness, and is very lasting, for we have seen Walls of some Hundred years standing as we were informed, and all that time has not been able to do them any prejudice. The King himself (what the reason of his humour may be I never had the curiosity to ask him) will sometimes vouchsafe to work in the Lime and Durt for an hour together, and will bolt out an encouraging word to the Slaves then, viz. as I remember, Liferus, that is, God send you to your own Countries, but I judge, he either does not speak from his Heart, or else he hopes God will not answer the Prayers of such a wicked wretch; with this sort of Labour I made a shift to pass away all the Winter, and indeed without a quible, I had no other shift or shirt, only the Charity of my fellow Slaves, who were better provided, accommodated me with a covering from the Cold, which else would have endangered my life. The Reader, I suppose, will not think it strange, if I was dissatisfied and very weary of my condition, and therefore I did often rummage all my thoughts, for some expedient to ease me of this accursed way, not of Living, but Starving and Dying daily: My mind did often flatter me with the greatest possibility of Liberty by running away, and so confident I was, that I discovered my intentions to several Christians, especially to those of my near acquaintance, who by no means could be induc'd to hear the difficulties and dangers that attended such a resolution: In the mean time my Friends in England had taken some care for my Ransome, and had given order to Mr Luddington, and English Merchant in Barbary, to endeavour my relief if One hundred and fifty Pounds would effect it, which Sum Mr. Luddington acquainted me, he was ready to disburse, if I could cut, (that is, agree with my Patron for my Ransome) for Six hundred or Seven hundred pieces of Eight: I profered the said Sum, but it would not be accepted; upon which I lookt upon my condition as desperate, my forlorn and languishing state of life without any hopes of Redemption, (which only could support our Spirits in the midst of such great afflictions, and Bondage to those upon whom God and Nature seems to have imprest characters of Slavery to the rest of Mankind) appeared far worse than the terrours of a most cruel Death, I set up then my fixt and unalterable resolution to escape whatever fate attended it, leaving the event to providence; I had more than conjecture, that present Death was to be the reward of my endeavours if I were retaken, for Three Spaniards, who some Two Months before were taken, making their escape, the King caused them to be brought before him, and with his own hands prov'd their Butcher, and Executioner, which cruel proceedings did wholly dishearten the poor Spirited Christians, and banished all such resolutions quite out of their minds: At length I opened my mind to Mr. Baxter (who about a Year and a half before, had made an unlucky attempt to run away, but being brought back he had the Bastinado in such a sort that he could not work for a Twelve Month, having Irons continually upon his Leggs) but notwithstanding, such was his love of Christian Liberty, that he freely told me, that he would adventure with any fair opportunity; after I had him thus engag'd by his promise, I gave him no rest, until we had pitch'd upon a Day; we also took into our Cabal and share of our Fortunes, Two Bristol-men, who were ready at an hours warning, when we appointed. There are at Machaness at present about Eight hundred Christians of all Nations, Two hundred and sixty whereof are English, several of which have tendred Mony for their Ransome, some Seven hundred, some Five hundred pieces of Eight, some more, some less, but the King still put them off with this, that he would clear none particularly, but that they should go all together. January the First, The King set forward towards Santa Cruz, with an Army of about Sixty thousand men, designing to quel his Nephew, who had made a formidable Insurrection against him, in that part of his Dominions: We Christians could not Inform our selves of the certain proceedings of these Armies, neither did we much care, fight Dog, fight Bear, but this we learnt, that it will be Two or Three years before his return, and it is not to be suppos'd that any particular Christian will be releas'd until he return; besides, there is no hopes to be laid upon the most solemn word and protestation of this swarthy Infidel Muley Ismael, for, as I have been inform'd, about Four or Five years ago, by an agreement with Collonel Kirk, all the English slaves were to be set at liberty at the rate of Two hundred pieces of Eight a head, and the bargain was so far struck, that the Christians were got a Mile out of Town, But the accursed Jews, (the stench and pest of the Nations of the Earth, Malicious to all Man-kind and loathsome and abominable whereever they come, who not only have the blood of the Saviour of the World lying upon their Heads, but are accountable for the blood of many Thousands of his Members which they daily shed) These wicked Enemies of Christianity, brought back these poor Christians into the house of bondage thus, they proffered the Emperour as much mony as the King of England tendred for the Christians Ransome, if so be he would only lend them for a while, to build a City for the Jews, and then they should be restor'd to the King; The covetous Tyrant soon clos'd with these advantageous terms, and the Christians were turn'd over to the Jews, who imploy'd them Three years in building a City, but when finish'd, see the just Judgment of God! The Jews were turn'd out, and forc'd to give place to the Moors: Another remarkable story concerning the Jews I cannot but insert upon this occasion: About Three years ago, Mr. Bowrey of Bristol was, with Twenty sail more, taken by the Sallé-men, Bowrey had a parcel of Soap in his Ship, which then did belong to the King; Ben Haddu Ambassadour in England desir'd to buy this Soap of the King, but a Jew out bid him, and so had the Soap, for which dealing the Ambassador kept a grudge in his mind against the Jews, and was reveng'd on them, after this manner, whilst I was there. He inform'd the King that the Jews had impos'd upon him and couzen'd him of Fifty thousand pieces of Eight in the matter of the Soap, upon which the King clapt up Ten of the chief Jews in Prison, until they should either pay the said Sum, or else restore the Soap, which it is to be supposed, hath been sold in Christendom Two years ago. AFter a serious consideration, finding that no proffers for my redemption would be accepted, I committed the conduct of my proceedings to Almighty providence resolving to make an Escape in company of Three more, Edmund Baxter, Anthony Bayle, and James Ingram. On the 29th. of May, agreeing with our Guardian-Moors for a Blankil, (i.e.) 2d. ob. a piece, we had the liberty to be excus'd from work that day, we went there fore to the Town of Machaness, and having but a small stock of cash about us, viz. nine Blankils, we laid it out in Bread, and two small Bullocks bladders, with a little Burdock to carry Water in. About Three of the clock in the Afternoon we began our journey designing to go as far as an Old house, call'd the Kings house, distant about Three miles from Machaness, resolving to conceal our selves about that house until night, and promising to our selves the greater security, because we knew some Christians used commonly to work there, but proceeding in our journey, we discover'd upon a loaded Horse the Moor who lived at that house, which oblig'd us to quicken our pace, and keep a head of him, for, if he should come up with us, he would easily discover that we did not belong to the said house, We made hast therefore before him, and coming near the house we discover'd about Twenty Moors sitting there; which accident of being hemed in behind and before by these our enemies, put us into a great fright, and had in all likely hood spoil'd our design, in the very entrance, if providence had not presented to our view, on one side of the house, a parcel of Lime-kills, to which, without the Moors observation we immediatly struck up, where we absconded our selves by lying flat upon our bellies; about half an hour after came two Moorish women thither, to gather up some loose wood, we considering it very inconvenient to shew our selves fearful, lest we should be taken for Renagadoes, spoke to them, but they return'd us no answer, following their business, and taking us, as vve judged, either for Moors or Christians employ'd about the said Lime-kills so vve continued there vvithout any further molestation, until night, vvhen vve proceeded on our journey, traveling about Eighteen miles that night, vve passed by a great many Tents, vvhence the Dogs came out and barkt at us, and the Moors also savv us, but said nothing, mistaking us for their Country-men. That night vve crost the great River, vvhich runs dovvn to Mamora, about Eighteen miles distance from Machaness, and about a mile from the bank of the River, vve found a convenient bush, vvhere vve took up our lodging all the day follovving, vvithout any disturbance: At night vve found our selves oblig'd to return to the said River, to furnish us vvith Water, the littleness of our vessel, vvhich contain'd not above a Gallon, being a great hindrance in our journey: We continued our progress Tvvelve miles that night, vvhich prov'd very tiresome by reason of the vveeds and bushes, and the nights vvere not so long as vve vvish'd; just about Day-break, vve found a convenient bush near to a great Valley, vvhere vve repos'd our selves; as soon as the day broke clear, we saw abundance of Cattle grasing in the bottom, with Moors, who lookt after them, but, by Gods providence, none came near us, so that we lay safe all that day, being the last day of May. At night we set forwards, keeping the Woods, where were no Moorish Inhabitants, only wild beasts, the less savage and formidable, which we often saw, but they never attempted to come near us, we travel'd about Ten miles that night, and then crossed a River, which supplied us with Water, whereof we were in want; on the other side of the River, we observ'd the footsteps of a great many Cattle, which rendred the place, as we thought, unsafe for us, we made therefore a little further progress in the morning, to the top of the Hill, where under a large Oak we found a bush convenient for our reception that day, but within a little while we were disturb in our repose, observing the Cattle to come grasing up the Hill, directly to that bush, with Moors at their heels, with all hast therefore we pact up our luggage and ran a mile further, without being discover'd, until we came to a Pear tree, furnish'd with long-grass a round him, there we took up our quarters all that day, being the First of June. The night following, we intended to proceed, but it pleased God, to strike me lame with the Gout, so that I was not able to stand, I was forced therefore to remain there all that night, and the day ensuing, which was a great hindrance to my companions, and affliction to my self: The readiest expedient to remedy my distemper, which I could think upon was this, we made a fire in a hole in the ground, and I put my Foot into the hole to draw away the pain, having also a Lancet with us, I endeavour'd to breath a Vein in my Foot, but I could not effect it, for the Lancet would not enter, however, I found some ease by the force of the fire: My company being sensible of the delay, which my distemper occasion'd, began to be mov'd, insomuch that they told me, that if I could not march with them that night, they must hold themselves oblig'd to take leave of me, which added a great affliction to my sorrow, insomuch as I was the Author and first mover of this escape; That I might not therefore be forsaken by my companions, and in compliance to their importunity, I resolved to strain my outmost power. The third of June at night I endeavoured to go, but in great pain, so that we could not proceed above Three miles, when I was forc'd to pray my Companions to stay but that night, and I did not question, but by Gods blessing, to be able to travel with them the next, they consented, and so we took up our lodging for the remainder of that night under another Pear-tree. The fourth of June I kept baking my foot all the day in the Ground, till about two in the Afternoon, in the mean while, I procur'd Mr. Baxter to make me a wooden Leg, which accordingly he did, I perswaded them, then, to travel about Three or Four miles that afternoon, which would a little ease the labour of the night, they agreed, I travel'd about Four miles with that Leg, and then rested till night on the top of a high Hill, whence we saw a great plain valley before us. At night we shap'd our course clear of the Tents, and travel'd over the edge of the plain, about Six miles; We past by several fields of corn, the Moors in the mean time hallowing to frighten the wild beasts from them: Crossing of a River that night, we saw and heard several Lyons, some approach'd so near that we could almost have touch'd them, but as soon as we strook fire, which we had prepar'd for that very purpose, they presently vanish'd; when the light began to display it self, we took our quarters for the next day, which was June the Fifth; At night we continued our course, when I was still lame, which was a great hindrance to my company, but we were loath to part, our bread also was almost at an end, the consideration whereof oblig'd me to strain hard to get Eight miles that night: By resting the next day I found my self to be something better, but then to qualifie my joy for this, Another companion Anthony Bayle began to sink and give over. June the Sixth, We set onward, and measur'd Ten miles that night, when we came to a great Swamp, there my pain renewing, I fain would have perswaded them to stay but by no intreaties could perswade them, so resolving to part, we shar'd our Bread, which came to two half Rusks a peice; I endeavour'd to allure my weak wearied Brother to abide with me, comforting him with the expectation of Gardens, where we two more easily than the company of Four, might provide for our selves; He would not stay; Being prest thus with the consideration of being left alone, I Resolv'd to put forward, when it pleased God, that my foot became perfectly whole and clear of the Gout; That night we travel'd over a high barren Hill, where we fancied we heard the Suss and noise of the Sea, which encourag'd us to mend our pace until we met with a Garden, where we gather'd about a dozen of small Pumpkins, a very comfortable assistance to us, now that our Bread was all spent, for some we eat raw, and some we roasted in the ground, whereby we found our selves considerably refresht: That night we made no more then Eight miles, for meeting with a great Oak which was blown down, we thought it inconvenient to overslip such an advantageous retirement for the next day, which we were the more desirous off, because we heard a great many Moors, tho' we could not see them, All the next day we lay still and with exceeding contentment we heard the noise of the Sea, at night we put on and came to the shoar, where we found whereabout we then were, viz. to the Southward of Mamora, we directed our Course then Northward for Two miles, when we could discern the Castle, but knowing that we could not go to the Northward of the Castle, because the great River goes directly up into the Country, we turn'd back about a mile, and finding a convenient bush, we rested there all the next day, hearing and seeing a great many Cattle, but none came near us. June the Eighth, We gathered about half a Peck of Snailes, and caught a Land-Tortois, which we roasted and eat hartily, that day also, we saw a Ship in the Offing, when night was come, we made down towards the Castle, and before we were aware we fell upon a Moor making a fire, which forc'd us to draw back, the Moor not discerning us, we fetcht then a compass, and by another way came down to the Castle, there we found a strong watch, which did wholly discourage our expectations of relief from that place, so we set up our Resolutions for Sallé, about Eighteen or Twenty miles to the Southward, to see what good could be done there, But before we parted with Mamora, we made bold with a little Barley and Guinny corn, growing under the Castle, of each whereof we gathered about a quarter of a Peck, to serve our necessities, and then we betook our selves to our former nights refuge, the Bush, and after having consulted how to steer our course for Sallé, the result whereof was a long the Sea-side, we rested all the next day without disturbance. June the Ninth, We travel'd along the Sea-side, where we saw a great deal of Raft-timber, we concluded therefore, seeing the Ship in the Offing, to make a Raft, which accordingly we did, and put off with it, but it would not swim, boyart with us all, we came therefore a shore, and cut all our Lashings, leaving it to the mercy of the Sea: We travel'd Five miles towards Sallé that night, fearing least by staying long thereabout we should be discovered, for our footing and trayling of the Timber had made such an Impression in the sand as if an Hundred men had been there; That night we took up our quarters in a Fig-tree, about Seven miles short of Sallé where was no Inhabitant. June the Tenth at night we made forward to Sallé, in the Road, we fell upon a parcel of Tents, where though the Dogs were ready to seize us, and the Moors themselves call'd to us, We made no answer and travel'd on, without any farther trouble or danger, until we came to Sallé, as soon as we came thither, we made towards the Gardens, and Gathered some Pumkins, and because night was far spent, we retreated about a mile out of Town, to find some place which might secure us from discovery; we pitch'd upon a Bush in a great Valley, wherein we resolv'd to enclose our selves the day following: About Eleven of the clock of that day, we espied a Boy with a Dog keeping of Sheep, but yet not forgeting his game, which was hunting of Partridges; He beat the bush wherein we were lodg'd, and threvv in Stones, and the Dog also did his part, barking and coursing about the bush, but by miracle as we thought, we were not espied, tho' we discover'd abundance of fear amongst our selves, for if we had been taken notice of, we could not otherwise consult our own safety, than by the death of that poor silly Lad. The eleventh day being past, at night we made a descent to the river of Sallé, about a mile above the Town, where we found a Boat, but could not with all our strength launch her: Anthony Bayle and I who were the only swimmers in our company, made over to the South-side of the River, to see what purchase we could make there, we found indeed Three boats, but they were all aground, so that we could do no good with them; But in searching about the new Ships, (which Five in number are building there) we found two Oares, with which we swam over to our consorts, and all together we went down by the Rivers side, to the Harbours mouth, but we could meet with no boat to put our Oares in; We saw two Dutch-men in the River, but they kept a diligent watch, which hindred us from carrying away their boat; We concluded therefore to bury our Oares in the sand at some remarkable place, and so we betook our selves to find out a sanctuary for the day following; We found a Fig-tree full of leaves, in an unfrequented place, as we thought, on the North-side of the River, yet within call of the Ships, vvhich then vvere a building? Under the Covert of this little Tree, tho' surrounded vvith Enemies and dangers, vve resolv'd to expect the protection of the next day; The Reader may possibly judge this an instance of a Romantick courage, and an effect rather of rash boldness than prudent consideration; Truly, he is in the right, for vve our selves vvere of the same mind, about the middle of the next day, upon this occasion, a Moor vvho had nevvly vvasht his cloaths, directs his course directly to our Tree, and there hangs up his Al hage to dry vvhilst he himself sat dovvn not far off, to lovvse himself, an't please you; if providence did hinder him from discerning us, I assure you it vvas not for vvant of provocation, as vve all confest, and indeed I never in my life vvas in such a trembling fit, as that lovvsie Rascal put me into. The Twelfth day of June being past, at night vve came dovvn again to the River, to look after a boat, vvhich vve had observ'd vvas moor'd in the River, half a mile higher than vvhere vve found the Oares, this, vve vvho could svvim found and brought to our consorts, We padl'd her dovvn the River close by the Dutch-men, vvho savv us, but said nothing, then vve put a shore, and fetch our Oares, vve continued padling, until vve had past a French-man, lying at the Bars mouth, who plainly savv us, but said nothing; So soon as vve had left him behind us, vve shipp'd out our Oares, and Rovving right into the Sea, our course by the North-star vvas West-North-West: vvhen vve had Rovved Four Miles or thereabout, vve discern'd a Ship at Anchor, vvhich oblig'd us to alter our course, and Rovv Northward, until vve had past her, fearing least she might be a Sallè-Ship, and vve had learn'd at Machaness that Tvvo of them vvere a cruizing at that time, and not yet come in, therefore it vvas, that in distrust of this Ship, vve altered our course; vve Rovved about Tvvo Leagues vvithout the Ship, and lay upon our Oares; vvhen Day broke up clear, vve savv the Ship vvith her Sailes loose, I then acquainted my Consorts, that in my judgment, if the Ship vvere of Sallé she vvould make in for the Bar at that time, because the Tide and the Sea breeze vvere then both favourable, it being High-vvater at Seven of the Clock, but if she vvere an English Man of War, as vve incessantly vvish'd, then vve thought the Sea-breeze vvould make her stand off to Sea: Notwithstanding our opinions were various, and we were doubtful what to do; at length I perswaded my consorts, with much ado, to row in and make her hull, then the Ship stood off, and at length saw us, we pull'd aboard, and found her to be the Lark-Friggot Captain Leighton Commander; after some Examination and Discourse about the Methods and Means of our Escape, I propounded to the Captain a design which had newly taken strong possession of my Fancy, it was this, that if he would accommodate me with his Boat, and those belonging to the other Two Men of War, which were in Company, I would undertake to Pilot them in, and to burn what Ships were then at Mamora; The Captain immediately stood to the Northward, and came up with the other Two Ships, which were the Bonaventure and the Grayhound; The Admiral was then Sick at Cales, so Captain Macdonald being Eldest Captain, we went aboard him, and sending for Mr. Fairborne, who was then Captain under Captain Priestman, who was Sick as abovesaid, they held a Council about those propositions which I had made, at first they seemed unpracticable, by reason of many difficulties, but especially of the Bar, which is worse than that of Sallé; But then when upon Second thoughts they considered the forwardness of Men, who but that very Day had escapt a heavy Slavery, and yet were willing that very Night to engage in the action, they concluded it both possible and feasible, so they entertain'd with approbation what I had propos'd; After which I immediately return'd with Captain Leighton aboard the Lark, and communicated the result of the Council with my Comrade Mr. Baxter, who was heartily pleas'd with what was undertaken, and willing to go along, so he was ordered to go in the Bonaventure's Boat, and was very serviceable, and who was better acquainted with that Bar, than I was. Immediately orders were given to shave some Deal-boards, and saw some Tarr-barrels, and make ready with all expedition; by Seven at Night, all things were in readiness, the Friggots were riding Two Leagues from Shore, orders were given that the Boat in which I was, viz. the Gray-hound's, should go a head, Commanded by Captain Macdonald, who behaved himself indeed with great Courage and Resolution, and the rest had orders to follow us; there were Three Barges in all, and one Yawl, the number of Men concern'd in the action, was Forty two, who all had strict charge upon pain of Death, not to seek after Plunder, which was punctually observ'd. About Eight at Night we put off from the Ships, and betwixt Nine and Ten, we fell a little to the Northward of the Bar, but by Mr. Baxter's assistance, we quickly righted our selves, and found the Bar; there was a great noise upon the Shore, all thereabout had taken the Alarm, which did nothing discourage us, we proceeded lustily, without any concernment at their hideous outcries, which when the Moors perceiv'd, and that we advanc'd with undaunted Resolutions, they thought it best to flie betimes and secure themselves and their Castle; in the mean time we pursu'd our design towards the Ships, aboard which, there being a great many Lights, we observ'd the Moors looking over the sides of the first we came to, which was the bigger of the Two, they call'd to us, to keep off, we answered them with about Twenty Granado-shells, which soon drove them overboard; they had not far indeed to escape, for the Castle Wall was within a Boats length of the Ship, so without any difficulty we presently entred; one Moor we found aboard, who was presently cut in pieces, another was shot in the head, endeavouring to escape upon the Cable, we were not long in taking in our Shavings and Tarr-barrels, and so set her on fire in several places, she being very apt to receive what we design'd, for there were several Barrels of Tar upon the Deck, and she was newly Tarr'd as if on purpose; whilst we were setting her on fire, we heard a noise of some people in the Hold, we opened the Skuttles, and thereby sav'd the lives of Four Christians, Three Dutch-men and One French, who told us that the Ship on fire was Admiral and belong'd to Aly-Hackum, and the other which we soon after serv'd with the same sauce, had the Name of Plummage Cortibe, which was the very Ship, which in October last took me Captive, I cannot deny that I was possessed with an extraordinary satisfaction to see this Ship on fire, and I could not but admire the wonderful providence of God, to whom alone Vengeance belongeth, in vindicating my cause, and making me an unwitting instrument of revenge, for the injuries I received from the owners of this Vessel. Such was the fierceness of the Flames, that vve vvere forc'd to keep off from the Ships sides, vvhereby vve became obnoxious to the shot of the Moors, vvho from the Walls of the Castle made a great firing upon us, both of small and great Guns, but vvith little or no Execution, for our Men, by the light of the great fire having them in perfect view upon the Walls, made smart returns upon them, firing incessantly upon them, and with that eagerness, that they quite neglected their Oares, so that if the Tide had not turn'd to Ebb, we should have run a great risque, our Men were so full of joy, hooping and hallowing at the sight of so desirable a Bon-fire, that they never minded the dangers they might be subject to; we were therefore forced to tow the Bonaventure's Yawl, who had lost all her Oares. In all this Action we had but one Man mortally wounded, and two or three more slightly hurt: after we had compleated our business, and absolutely destroyed these Ships, we return'd out of the River, over the Bar, and pull'd aboard the Friggots, Captain Macdonald received us kindly, and gratified us with the entertainment of his Ship very frankly, aboard which we staid until we came to Cales, there we went ashore, designing a passage for England with the first opportunity; Captain Macdonald gave us Certificates of our service in the late Action, and then Mr. Baxter and I took leave of him; we did not stay long at Cales, before we met with an opportunity for England aboard Captain Atkins, who came from Leghorn and was bound for London, who very willingly granted us passage with him, and gave us civil and welcome entertainment, whom God reward and all other our Benefactors, particularly (tho' to some Readers it may seem seems immaterial, yet when occasion offers, not to remember, to all good Men will appear unthankful, and I had rather be tax'd with impertinence than ungratitude) Mr. Hodges, who bestowed upon us Four pieces of Eight in our necessity, God return his Charity into his own Bosome with blessing and encrease, and honest Captain Gutteridge, who sent a Barrel of Beaf and a Hundred weight of Bread, least we should lie too chargeable upon Captain Atkins in our passage home, who the First day of July 1685. set Sail from Cadiz, and arrived in the Downs the 26th. of that Month. Thus have I given a short and plain account of my Captivity and Escape, with the circumstances that attended it, and tho' possibly my Stile may appear rough and unpolish'd, which the courteous Reader I hope will a little excuse, expecting no other from a blunt Seaman, acquainted with nothing so much as Dangers and Storms, yet I do profess I have Penn'd this Narrative with all the sincerity and truth, that becomes a plain-dealing English-man: My design and aim in all (kind Country-man and courteous Reader) is, to excite with me thy praises to our God the only deliverer, who hath delivered me from a cruel and severe Captivity, and withall to stir up thy grateful resentments, for the happiness, peace and freedom, that thou enjoyest under so excellent and well tempered a Government, but most especially to move thy pitty for the afflictions of Joseph, to excite thy compassionate regard to those poor Country-men now Languishing in misery and Irons, to endeavour their releasment according to thy power, at least by importuning Heaven, that during their Captivity God would support them with his Grace, to bear patiently their afflictions, and to resist all Temptations until in his good appointed time, he vouchsafe them a happy deliverance, Amen.

Miscellaneous

A True Account of my being taken, and Sufferings during my Captivity.

A true account of the captivity of Thomas Phelps, at Machaness in Barbary [...]

MscA1696

ANN Jefferies, (for that was her Maiden Name) of whom the following strange things are related, was born in the Parish of St. Teath in the County of Cornwall, in December, 1626. and she is still living, 1696. being now in the 70th Year of her Age; she is married to one William Warden, formerly Hind (a Hind is one that looks after the rest of the Servants, the Grounds, Cattel, Corn &c. of his Master) to the late eminent Physician Dr. Richard Lower deceased; and now lives as Hind to Sir Andrew Slanning of Devon, Bar. I must acquaint you, Sir, that I have made it my Business, but could not prevail, to get a Relation from her of what she her self remembers of those several strange Passages of her Life that I here relate, or of any other that I have either forgot, or that never came to my Cognizance: but she being prevail'd with by some of her poor ignorant Neighbours not to do it, and she fancying that if she should do it, she might again fall into Trouble about it; I here give your Lordship the best and faithfullest Account I can. In the Year 1691. I wrote into Cornwall to my Sister Mary Martyn's Son, an Attorney, to go to the said Ann, and discourse her as from me, about the most material strange Passages of her Life: He answers my Letter, Sept. 13, 1691. and saith, I have been with Ann Jefferies, and she can give me no particular Account of her Condition, it being so long since: my Grandfather and Mother say, that she was in Bodmyn Goal three Months, and lived six Months without Meat; and during her Continuance in that Condition, several eminent Cures were performed by her, the Particulars no one can now relate. My Mother saw the Fairies once, and heard one say, that they should give some Meat to the Child, that she might return to her Parents: Which is the fullest Relation can now be given. But I not being satisfied with this Answer, did, in the Year 1693. write into Cornwall to my Sister's Husband, (Mr. Humph. Martyn) and desired him to go to Ann Jefferies to see if he could perswade her to give me what Account she could remember of the many and strange Passages of her Life. He answers my Letter, Jan. 31, 1693. and saith, As for Ann Jefferies, I have been with her the greatest part of one day, and did read to her all that you wrote to me, but she would not own any thing of it as concerning the Fairies, neither of any of the Cures she then did. I endeavoured to perswade her she might receive some Benefit by it: She answered; That if her own Father were now alive, she would not discover to him those things that did then happen to her. I ask'd her the Reason why she would not do it: She reply'd, That if she should discover it to you, that you would make either Books or Ballads of it: And she said, That she would not have her Name spread about the Country in Books or Ballads of such things, if she might have five hundred Pounds for the doing of it: for she said, she had been questioned before Justices, and at the Sessions, and in Prison, and also before the Judges at the Assizes; and she doth believe, that if she should discover such things now, she should be questioned again for it. As for the antient Inhabitants of St. Teath Church Town, there are non of them now alive but Thomas Christopher a blind Man, (Note, this Tho. Christopher was then a Servant in my Father's House when these things happened) and he remembers many of the Passages you wrote of her. And as for my Wife, she then being so little, did not mind it; but has heard her Father and Mother relate most of the Passages you wrote of her. This is all I can at present possibly get from her, and therefore I now go on with my own Relation of the wonderful Cures, and other strange things she did, or hapned to her, which is the Substance of what I wrote to my Brother, and that he read to her. It's the Custom in our County of Cornwall, for the most substantial People of each Parish to take Apprentices the Poor's Children, and to breed them up till they attain to 21 Years of Age, and for their Service to give them Meat, Drink and Clothes. This Ann Jefferies being a poor Man's Child of the Parish, by Providence fell into our Family, where she lived several Years, being a Girl of a bold daring Spirit: She would venture at those Difficulties and Dangers that no Boy would attempt. In the Year 1645, (she then being nineteen Years old) she being one day knitting in an Arbour in our Garden, there came over the Garden-hedg to her (as she affirmed) six Persons of a small Stature, all clothed in green, which she call'd Fairies: upon which she was so frighted, that she fell into a kind of a Convulsion-fit: But when we found her in this Condition, we brought her into the House, and put her to bed, and took great Care of her. As soon as she recovered out of her Fit, she cries out, They are just gone out of the Window; they are just gone out of the Window; do you not see them? And thus in the height of her Sickness she would often cry out, and that with Eagerness; which Expressions we attributed to her Distemper, supposing her light-headed. During the Extremity of her Sickness my Father's Mother died, which was in April, 1646. but we durst not acquaint our Maid Ann with it, for fear it might have increas'd her Distemper, she being at that time so very sick that she could not go, nor so much as stand on her Feet; and also the Extremity of her Sickness, and the long Continuance of her Distemper, had almost perfectly mop'd her, so that she became even as a Changeling: and as soon as she began to recover, and to get a little Strength, she in her going would spread her Legs as wide as she could, and so lay hold with her Hands on Tables, Forms, Chairs, Stools, &c. till she had learn'd to go again: and if any thing vex'd her, she would fall into her Fits, and continue in them a long time; so that we were afraid she would have died in one of them. As soon as she had got out of her Fit, she would heartily call upon God: and then the first Person she would ask for was my self, and would not be satisfied till I came to her. Upon which she would ask me, if any one had vex'd or abus'd me since she fell into her Fit. Upon my telling her, no one had, she would stroke me, and kiss me, calling me her dear Child; and then all her Vexation was over. As soon as she recovered a little Strength, she constantly went to Church to pay her Devotions to our great and good God, and to hear his Word read and preached. Her Memory was so well restored to her, that she would repeat more of the Sermons she heard than any other of our Family. She took mighty Delight in Devotion, and in hearing the Word of God read and preach'd, altho she her self could not read. The first manual Operation or Cure she perform'd, was on my own Mother; the Occasion was as follows: One Afternoon, in the Harvest-time, all our Family being in the Fields at work, (and my self a Boy at School) there was none in the House but my Mother and this Ann: my Mother considering that Bread might be wanting for the Labourers, if Care were not taken; and she having before caus'd some Bushels of Wheat to be sent to the Mill, my Mother was resolved that she her self would take a Walk to the Mill, (which was but a quarter of a Mile from our House) to hasten the Miller to bring home the Meal, that so her Maids, as soon as they came from the Fields, might make and bake the Bread; but in the mean time how to dispose of her Maid Ann, was her great Care, for she did not dare trust her in the House alone, for fear she might do her self some Mischief by Fire, or set the House on fire (for at that time she was so weak that she could hardly help her self, and very silly withal): At last by much Perswasions my Mother prevail'd with her to walk in the Gardens and Orchards till she came from the Mill; to which she unwillingly consented. Then my Mother lock'd the Doors of the House, and walk'd to the Mill; but as she was coming home in a very plain way, she slipt and hurt her Leg, so as that she could not rise, there she lay a considerable time in great Pain, till a Neighbour coming by on Horseback, seeing my Mother in this Condition, lifted her up on his Horse, and carried her home. As soon as she was brought within the Doors of the House, word of it was sent into the Fields to the Reapers, who thereupon immediately left their Harvestwork, and came home; the House being presently full of People: a Man-servant was ordered to take a Horse and ride for Mr. Lob, and eminent Chyrurgeon, that then liv'd at a Market-Town call'd Bodmyn, which was eight Miles from my Father's House: but whilst the Man was getting the Horse ready, in comes our Maid Ann, and tells my Mother she was heartily sorry for the Mischance she had got in hurting of her Leg, and that she did it at such a Place (naming the Place); and further, she desir'd she might see her Leg: My Mother at first refused to shew her her Leg, saying to her, what should she shew her Leg to so poor and silly a Creature as she was? for she could do her no good: but Ann being very importunate with my Mother to see her Leg, and my Mother being unwilling to vex her by denying her, for fear of her falling into her Fits, (for at all times we dealt gently, lovingly, and kindly with her, taking great Care by no means to cross or fret her) did yield to her Request, and did shew her, her Leg: Upon which Ann took my Mother's Leg on her Lap, and strok'd it with her Hand, and then ask'd my Mother if she did not find Ease by her stroking of it? My Mother confess'd to her she did. Upon this she desired my Mother to forbear sending for the Chyrurgeon, for she would, by the Blessing of God, cure her Leg: and to satisfy my Mother of the Truth of it, she again appeal'd to my Mother, whether she did not find farther Ease upon her continued stroking of the Part affected; which my Mother again acknowledged she did. Upon this my Mother countermanded the Messenger for the Chyrurgeon. On this my Mother demanded of her how she came to the Knowledg of her Fall. She made answer, that half a dozen Persons told her of it. That, reply'd my Mother, could not be, for there was none came by at that time, but my Neighbour .... that brought me home. Ann answers again, that that was Truth, and it was also true, that half a dozen Persons told her so; for said she, you know I went out of the House into the Gardens and Orchards very unwillingly. And now I will tell you the Truth of all Matters and Things that have befallen me. You know that this my Sickness and Fits came very suddenly upon me, which brought me very low and weak, and have made me very simple. Now the Cause of my Sickness was this. I was one day knitting of Stockings in the Arbour in the Garden, and there came over the Garden-hedg of a sudden six small People, all in green Clothes, which put me into such a Fright that was the Cause of this my great Sickness; and they continue their Appearance to me, never less than 2 at a time, nor never more than 8: they always appear in even Numbers, 2, 4, 6, 8. When I said often in my Sickness, They were just gone out of the Window, it was really so; altho you thought me light-headed. At this time when I came out into the Garden, they came to me, and ask'd me, if you had put me out of the House against my Will: I told them I was unwilling to come out of the House: Upon this they said, you should not fare the better for it; and thereupon in that Place, and at that time, in a fair Path-way you fell, and hurt your Leg. I would not have you send for a Chyrurgeon, nor trouble you self, for I will cure your Leg: The which she did in a little time. This Cure of my Mother's Leg, and the Stories she told of these Fairies, made such a Noise over all the County of Cornwall, as that it had the same Effect St. Paul's healing of Publius's Father of a Fever and a bloody Flux, at Malta, after his Shipwrack there, as related Acts 28.8, 9. And it came to pass that the Father of Publius lay sick of a Fever, and of a bloody Flux: to whom Paul entred in and prayed, and laid his Hands on him, and healed him. So when this was done, others also which had Diseases in the Island, came, and were healed. That People of all Distempers, Sicknesses, Sores, and Ages, came not only so far off as the Lands-end, but also from London, and were cured by her. She took no Monies of them, nor any Reward that ever I knew or heard of; yet had she Monies at all times sufficient to supply her Wants. She neither made nor bought any Medicines or Salves that ever I saw or heard of, yet wanted them not as she had Occasion. She forsook eating our Victuals, and was fed by these Fairies from that Harvest-time to the next Christmas-day; upon which Day she came to our Table, and said, because was that Day she would eat some Roast Beef with us, the which she did, I my self being then at Table. One time (I remember it perfectly well) I had a mind to speak with her, and not knowing better where to find her than in her Chamber, I went thither, and fell a knocking very earnestly at her Chamberdoor with my Foot, and calling to her earnestly, Ann, Ann, open the Door, and let me in: She answered me, Have a little Patience, and I will let you in immediately. Upon which I look'd through the Key-hole of the Door, and I saw her eating; and when she had done eating, she stood still by her Bed-side as long as Thanks to God might be given, and then she made a Coursey, (or Bow) and opened the Chamber-door, and gave me a Piece of her Bread, which I did eat, and I think it was the most delicious Bread that ever I did eat either before or since. Another odd Passage which I must relate, was this; One Lord's day my Father with his Family being at Dinner in our Hall, comes in one of our Neighbours, whose Name was Francis Heathman, and ask'd where Ann was; we told him she was in her Chamber: Upon this he goes into her Chamber to see for her; and not seeing her, he calls her: She not answering, he feels up and down in the Chamber for her; but not finding her, comes and tells us she was not in her Chamber. As soon as he had said this, she comes out of her Chamber to us, as we were sitting at Table, and tells him, she was in her Chamber, and saw him, and heard him call her, and see him feel up and down the Chamber for her, and had almost felt her, but he could not see her altho she saw him, notwithstanding she was at the same time at the Table in her Chamber eating her Dinner. One Day these Fairies gave my Sister Mary, (the now Wife of Mr. Humph. Martyn) then about four Years of Age, a Silver Cup that held about a Quart, bidding her give it my Mother, and she did bring it my Mother; but my Mother would not accept of it, but bid her carry it to them again, which she did. I presume this was the time my Sister owns she saw the Fairies. I confess to your Lordship, I never did see them. I had almost forgot to tell your Lordship, that Ann would tell what People would come to her several Days before they came, and from whence, and at what time they would come. I have seen Ann in the Orchard dancing among the Trees; and she told me, she was then dancing with the Fairies. The great Noise of the many strange Cures Ann did, and also her living without eating our Victuals, (she being fed, as she said, by these Fairies) caus'd both the Neighbour-Magistrates and Ministers to resort to my Father's House, and talk with her, and strictly examined her about the Matters here related; and she gave them very rational Answers to all those Questions they then ask'd her, (for by this time she was well recovered out of her Sickness and Fits, and her natural Parts and Understanding much improv'd) my Father and all his Family affirming the Truth of all we saw. The Ministers endeavoured to perswade her they were evil Spirits that resorted to her, and that it was the Delusion of the Devil, (but how could that be, when she did no Hurt, but Good to all that came to her for Cure of their Distempers?) and advised her not to go to them when they call'd her. Upon these Admonitions of the Ministers and Magistrates, our Ann was not a little troubled and concerned, not well knowing what to do in this case. However, that Night after the Magistrates and Ministers were gone, my Father with his Family sitting at a great Fire in his Hall, Ann being also present, she spake to my Father, and faith, Now they call (meaning the Fairies:) We all of us urg'd her not to go. In less than half a quarter of an Hour she saith, Now they call a second time. We incouraged her again not to go to them. By and by she saith, Now they call a third time; Upon which away to her Chamber she went to them (of all these three Calls of the Fairies, none heard them but Ann.) After she had been in her Chamber some time, she came to us again with a Bible in her hand, and tells us, that when she came to the Fairies, they said to her, What, has there been some Magistrates and Ministers with you, and disswaded you from coming any more to us, saying we are evil Spirits, and that it was all the Delusion of the Devil? Pray desire them to read that Place of Scripture in the 1st Epistle of St. John, chap. 4. ver. 1. Dearly Beloved, believe not every Spirit, but try the Spirits, whether they are of God, &c. This Place of Scripture was turn'd down to in the said Bible. (I told your Lordship before, Ann could not read.) After this one John Tregeagle Esq; (who was Steward to the late John Earl of Radnor) being then a Justice of Peace in Cornwall, sent his Warrant for Ann, and sent her to Bodmin Goal, and there kept her a long time. That Day the Constable came to execute his Warrant, Ann milking the Cows, the Fairies appeared to her, and told her, that a Constable would come that Day with a Warrant for to carry her before a Justice of Peace, and she would be sent to Goal. She ask'd them if she should hide her self: they answered her, No, she should fear nothing but go with the Constable. So she went with the Constable to the Justice, and he sent her to Bodmin-Goal, and ordered the PrisonKeeper that she should be kept without Victuals; and she was so kept; and yet she liv'd, and that without complaining. When the Sessions came, the Justices of the Peace sent their Warrant to one Giles Bawden, a Neighbour of ours, who was then Constable, for my Mother and my self to appear before them at that Sessions, to answer such Questions as should be demanded of us about our poor Maid Ann (Bodmin was 8 Miles from my Father's). When we came to the Sessions, the first that was call'd in before the Justices was my Mother, (what Questions they ask'd her, I do not remember:) When they had done examining her, they desired her to withdraw. As soon as she came forth, I was brought in, and call'd to the upper end of the Table to be examined; and there was (I suppose him to be) the Clerk of the Peace with his Pen ready in his Hand to take my Examination (I do not remember that they did put me to my Oath). The first Question they ask'd me was, What have you got in your Pockets? I answered, Nothing, Sir, but my Cuffs, which I immediately pluck'd out of my Pocket, and shewed them. Their second Question to me was, If I had any Victuals in my Pocket for my Maid Ann? I answered, I had not: and so they dismiss'd me as well as my Mother. But poor Ann lay in Goal for a considerable time after; and also Justice Tregeagle, who was her great Persecutor, kept her in his House some time as a Prisoner, and that without Victuals. And at last when Ann was discharged out of Prison, the Justices made an Order that Ann should not live any more with my Father. Whereupon my Father's only Sister, Mrs. Francis Tom, a Widow, near Padstow, took Ann into her Family, and there she liv'd a considerable time, and did many great Cures: but what they were, my Kinsman Mr. Will. Tom, who then liv'd in the House with his Mother, can give your Lordship the best Account of any that I know living, except Ann her self. And from thence she went to live with her own Brother; and in process of time married as aforesaid. And now, my Lord, if your Lordship expects that I should give you an Account when and upon what occasion these Fairies forsook our Ann, I must tell your Lordship, I am ignorant in that; she her self can best tell, if she could be prevailed with so to do: and the History of it, and the rest of the Passages of her Life, would be very acceptable and useful to the most curious and inquisitive Part of Mankind. And now, my Lord, I think good here to put an end to my plain Relation of these very strange Passages of this Ann Jefferies' Life: It's only Matter of Fact which I have here faithfully related; I have not made any Observations nor Reflections upon any one Passage. I leave your Lordship to your own free Thoughts and Judgment. I my self cannot give one natural Reason for any one of these Passages that happened to this poor Woman, but must conclude with that great Apostle and Scholar St. Paul, Rom. 11.33,34,35,36, O the Depths of the Riches both of the Wisdom and Knowledg of God! how unsearchable are his Judgments, and his Ways past finding out! For who hath known the Mind of the Lord, or who hath been his Counseller? Or who hath first given to him, and it shall be recompensed unto him again? For of him, and through him, and to him, are all things: to whom be Glory for ever. Amen.

Miscellaneous

An ACCOUNT of one Ann Jefferies, now alive in the County of Cornwall, who was fed for 6 Months by a small sort of Airy People call'd Fairies; and of the strange and wonderful Cures she performed, &c.

An account of one Ann Jefferies, now living in the County of Cornwall, who was fed for six months by a small sort of airy people call'd fairies [...]

MscA1704

IF any Restraint is to be put on the Press, it must be either on a Religious or Civil Account. All that can be pleaded for it on the score of Religion, is, that 'tis necessary to prevent men as being led into error; and as a consequence of that, nothing is to be printed that may tempt 'em to question the Truth of any Part of Point of the Establish'd Religion. In order to answer this, I must beg leave to observe, that nothing is more certain than that God does not require of men Impossibilities, as a means to obtain their future happiness; and consequently all he desires of them, is to use their rational Faculties after the best manner they can, for the discovery of his Will. He therefore that does this, tho never so much mistaken, is as acceptable to God, who is no Respecter of Persons, as he that's not mistaken, since he has done all God requires of him, and the other could do no more. To affirm his Mistakes are sinful, is to make God the Author of Sin, in so framing his Understanding, that after he had done all he could to avoid Error, he necessarily fell into it. And if it be the height of Impiety to condemn one of Sin or obeying God's Commands in impartially examining, it can be no less impious to affirm the Opinion unavoidably caused by so doing to be a Sin. How happy would men be, if, notwithstanding their difference of Opinion, they would allow on all sides, that Impartiality and Sincerity were sufficient to recommend 'em to God, and by consequence to one another? Going a step further than this, justifies the severest method of the Inquisistion: for if Men can be guilty of Impiety, Blasphemy, and other damnable Opinions, tho on the strictest examination they judg them agreeable to the Will of God; and if it be the Duty of those that are in Power in every Nation to prevent this, they are bound to restrain not only the liberty of Printing, but of Preaching; and to use the severest methods they can, to hinder the spreading of whatever they apprehend to be such Opinions. But If God will judg Men as they are accountable, that is, rational Creatures; their Reward, whether they hit or miss of Truth, will be in an exact proportion to the use they make of their Reason: and consequently no Opinion can be a Sin, but for want of an impartial Examination; and according as that has been more or less omitted, so one is more or less accountable. If this, how paradoxical soever at first sight it may appear to some, is upon examination demonstratively true; What can be more unreasonable, than on pretence of preventing the growth of dangerous Errors, to restrain the Press, and thereby hinder Men from seeing, and consequently from examining the Reasons that make against the Establish'd Religion? when without an impartial examination, let our Religion be never so true, we hold it guiltily, and with it, tho never so false, innocently. But, What can be more inconsistent with this grand Duty of Examination, than a Restraint on the Press, since there can be no other Cause assigned why 'tis unlawful to publish Arguments against the State Religion, but because 'tis unlawful to read them, that being the sole reason of forbidding the publishing of them? And if it be once supposed unlawful to read, it must be as unlawful to hear or think on any thing, that inclines one to question the Truth of any Part of Point of the National Religion: and consequently it makes it every ones Duty in all Countries whatever, to profess that without the least Examination. But If one has no reason to expect a Heaven, who will not be at the pains to examine what 'tis God requires of him, in order to his coming there; what a condition must he be in, who not only neglects this himself, but labours to obtain a Law to make all others do the same? The examining the Reasons on all sides (for prevention of which the Press is to be restrain'd) not only makes the Mistaken acceptable to God, but is the only Method that can be taken to prevent Mistakes; for which end God has commanded every one to judg of himself, to try the Spirits, to prove all things, &c. And therefore those Divines that are for Mens trying nothing, or knowing nothing, but what pleases the Licens'd Guides in every Country, give God himself the Lie, after the worst manner that can be. And The more People are subject to mistake, the less Reason there is to rely on any one side, but with Care and Diligence to examine the Reasons of all, and consequently the Press ought to be open to all. And when a Discourse is printed, Men by viewing and reviewing it, may form a better Judgment, than when 'tis only spoken. In answer to this, 'tis said, and alike said every where, that Men may have an impartial Information from the Clergy of the Establish'd Church. But Are not they under a greater Restraint than others, being oblig'd to profess those Opinions to which their Preferments are annex'd, or else to starve? so that in this case, 'tis not the Man, but the Bishoprick, the Deanery, the Prebend, the Rectory that preaches and prints nemine contradicente , Popery in one place, Lutheranism in another, Calvinism in a third; and they possibly may think it but fair to Maintain such Opinions as Maintain them; tho to speak the Truth, the Opinions generally Maintain the Priests, better than the Priests Maintain the Opinions. Are men, so bound and shackl'd, likely to give a fair Representation of what can be said against 'em, when the only Cause they can alledg for restraining the Press, is to hinder People from knowing it? Do not the Blind lead the Blind, when the Guides on which others are wholly to depend, are not trusted to guide themselves? In a word, all other Methods but this of examining, will equally serve to promote any Religion, tho never so false, and consequently cannot be the way to distinguish the true from the many false ones; but are the pious Frauds and holy Cheats, of not very pious and very holy Men, to keep the People in a blind Obedience. As this method is the only way to discover Truth, so 'tis this that makes it most effectual: where Men without Examination entertain a Religion, it will have but little Influence on their Practice. That does not convince the Understanding, can have but a small effect on the Will: And as far as the Reasonableness of an Opinion is seen, so far only can it operate on a rational Creature; and the more Examination renders it so, the more force it will have on the Affections, which are not mov'd without some sensible Connexion between the Cause and the Effect. For this reasons thinking Men, Truth being endear'd to them as the discovery of their own Industry, are for the most part very conscientious; while those that owe their Religion to the chance of Education, have generally no more regard to it, than if they ow'd it to the Chance of a Die. If then the Freedom of the Press contributes not only to endear Truth when discovered, but to the discovery of it; and if that fails, to make even Error it self innocent, all the Arguments on the account of Religion do most religiously contend for its entire Liberty. To which let me add, that The Noble Art of Printing, that by Divine Providence was discovered to free men from the Tyranny of the Clergy they then groaned under, and without which the Protestant Religion must have prov'd abortive, ought not to be made a means to reduce us again under Sacerdotal Slavery. And If our Ancestors could not secure themselves from more than Egyptian Bondage, which the Pulpits brought on them, without the assistance of the Press: What hopes have we to defend our selves against both, when by the means of the latter, the Clergy have much greater opportunities, as well as Abilities, to accomplish their Designs? The Restraint of the Press is consistent enough with Popery; but for Protestants to attempt it, is striking at the Foundation of their Religion, which is built on the natural Right every one has of judging for himself in matters of Religion. But what can savour more of a blind Popish Compliance, than so entirely to give up the Conduct of Religion to a few Licensing Preists, as that nothing shall be published but what they think fit? The Learned Dr. Clagget saith, (and after the same manner do all our Clergy write when they have to do with the Papists) " Persuasive to an ingenuous Trial, p. 28. They that have a good Cause, will not fright Men from considering what their Adversaries say by their Books, but rather encourage them so to do, that they may see the difference between Truth and Error, Reason and Falshood, with their own Eyes. This is the effect of a well-grounded confidence in Truth, and there's the sign of a good Cause apparently discernable, in the Application of the Clergy of the Church of England, both to their Friends and Enemies. They desire the one and t'other to consider impartially what is said for us, as well as against us; and whensoever Guides of a party do otherwise, they give just Cause to examine their Doctrines more carefully, by how much they are unwilling to have them examined. 'Tis a bad sign, when Men are loth to have their Opinions seen in the day, but love Darkness more than Light. Every one thinks he has a natural Right in all matters of Learning and Knowledg, except what relates to Religion and Government, to see what can be said on all sides, in order to form his Judgment aright; and there can be no reasons why these should be excepted, since to have a right Understanding in them, is what is most worthy a rational Being. The more useful any Science is to Mankind, the greater will its Abuses be: Divinity, Law, Physick, are sad Instances of this. But how can these Abuses be discovered, if the Press be in their Hands that gain by them? What can be more useful than history, especially of ones own Country? and can we expect a true Information, when only one side is to print? And there are few Persons, especially at a distance from London, but would think it a hardship to be deprived even of such Trifles as the common News Papers, which would not be allowed under a Restraint of the Press. Nay, we could not then hope for an impartial account even in natural things, since an evident Truth in Philosophy has been thought a monstrous Error in Divinity; and a rational Discourse on any subject may be hindred from being printed, lest, as the late Bishop of Wr said of the most rational that ever was writ The Essay of Human Understanding. , it might be applied to other uses than what the Author designed. Nothing can more discourage men of Abilities from writing, than to subject their Discourse to the mercy of an Ignorant, or at least an Unleisured Licenser: such a hardship on the Commonwealth of Learning, will be apt to make an Imprimatur signify no more, than that the Book is foolish enough to be printed. As the People retain a right to offer their Advice to their Representatives, so there cannot but happen several things, wherein they may receive satisfaction from what is published by those without doors (as happened in the case of the Standing Army, and several other matters) which may in a great measure be hindred, by the Licensers of the press being influenced by those, who have an Interest to stifle Truth. In a word, as many things as are worth understanding aright, so many Arguments are there for the liberty of the Press; tho the only reason that is pleaded for its restraint upon a Civil Account, is to prevent false Representations of Peoples Designs and Actions, especially of such as are dignified with a publick Character. But Tho this may be done by speaking, who ever thought it reasonable, that all but one Party of Men should have a Padlock on their Lips? And yet this is all that's meant by a restraint of the press, since what is to be printed, is left to the arbitrary Will of men of this or that Party. And there can be no manner of reason, why writing and talking should not be on the same foot, since what's contrary to Law is in both Cases equally punishable; and a restraint of the Press cannot hinder Books from coming out by stealth. What can be more unconscionable, considering how the Nation is divided, than to have all but one Party restrain'd from writing in their own defence, whilst that is at liberty to use them as barbarously as they please? With what unchristian Temper and inhumane Insolence will Partymen treat those they are comply'd to write against? and what Misrepresentions, Lies and Calumnies will they not then be guilty of? 'Tis the danger of being detected and expos'd, that makes Men write with more Temper, as well as more regard to Truth. If the Honourable House of Commons have upon a solemn Debate, thought fit to publish their Proceedings to prevent being misrepresented, why should they deny those they Represent the same Liberty? And when both Houses have thought it necessary to print, (and one may venture to add, that neither House, without this Liberty, would have thought their Reputations safe) it cannot be presume'd that either House will be putting such a Hardship on the Nation. As Honour and Reputation secure their Votaries from committing ill and base Actions, so they incite them to all good ones; but if the Press be in the Hands of designing People, it may have a quite different effect, and be wholly employed to traduce, as it was in former Reigns, the best Men both in Church and State. And It will be a great encouragement for Men above the ordinary reach of the Law, to crush those beneath them, when the Press shall speak only in their favour, and the injur'd are depriv'd of the last satisfaction that opprest Vertue has, of appealing to the People, and justifying their Innocence to the World. And therefore I cannot see how one, that has any value for his Reputation, will be content to run the hazard of having it put out of his power, to justify himself as publickly as he is injur'd. Whether what is said of Truth, that none is against Truth but where that is first against them, may be applied to the Press, I will not determine; but those whose Actions cannot bear examination, will, no doubt, be glad of its restraint, and possibly may add Iniquity to Iniquity, by pretending they desire it out of Affection to the Government, or Zeal to the Church. The restraining the Press may not be so much for the Interest of any Party, as some fondly imagine; because their being for it, will be apt to make men believe the very worst things their Enemies say to be true; and that 'tis the fear of having their pernicious Designs discovered, which makes them take a Method, that till now they themselves oppos'd, and which in former Reigns was made use of to advance Slavery and Popery. But If this be of no weight, let it be consider'd, that the Press, Jackanapes like (as a Scots Gentleman said of their King) may be made to bite whomsoever they, in whose Custody it chances to be, think fit; and a restraining Law no sooner made, but the Scene of Affairs may so alter, that the Party which promoted it, may be scourg'd with Rods of their own providing, and be themselves debarr'd of that Liberty they design'd to exclude others from. And possibly some may be glad of such a Bill, the better to deprive them of those advantages, which without it they would not think prudent to attempt. But tho this might not be the consequence at present, who can be sure in what Hands the Press hereafter may be plac'd? As the chief Happiness as well as Dignity of rational Creatures, consists in having the liberty of thinking on what Subject they please, and of as freely communicating their Thoughts: so all good Governments that have allow'd this Freedom, were so far from suffering by it, that it wonderfully endear'd them to their People. And no Ministry can be hurt by the liberty of the Press, since they have a number of Dependents, ready upon all occasions to write in justification of their Conduct; nay, to gold over the worst of their Actions, and give a fair Colour to their most pernicious Designs; and at the same time so to misrepresent the true Patriots of their Country, that the People, their real Friends, being deprived of the liberty of publickly justifying themselves, may mistake them for their Enemies, and caress those that are truly so. The liberty of the Press must keep a Ministry within some tolerable Bounds, by exposing their ill Designs to the People, with whom if they once lose their Credit, they will be very unfit Tools for a Court to work with. But The Arts of State in most Places being to enslave, or keep the People in Slavery, it became a Crime to talk, much more to write about State-Matters. And the Press in most Countries of Europe speaking nothing but Court-Language; the People, who till the Invention of Printing had tolerably well preserved their Liberty, were by degrees gull'd and cheated out of those inestimable Blessings. And there's nothing, either with respect to Religion or Politicks, so destructive to Mankind, but may be made, where the Pulpit and Press conspire together, to pass for Divine Truths. The slavish Condition the greatest part of Mankind in all Ages have been in, shews how much they have been wanting to themselves in not taking alarm soon enough at the Chains that were preparing for 'em. And as there are few, very few Instances of Peoples having perceived the intended Slavery, soon enough to prevent it; so there are fewer Instances of their having taken Arms, but upon very just Occasion. In a word, as there's no Freedom either Civil or Ecclesiastical, but there the liberty of the Press is maintain'd; so wherever that is secur'd, all others are safe. That like a faithful Centinel prevents all surprize, and gives timely warning of any approaching Danger. And therefore 'tis to be hop'd, that the Trustees of the Peoples Liberties will preserve its Freedom entire; for if its sacred Liberty is but once affected, tho by never so gentle a Law, 'tis to be feared that this will be used as an Argument to restrain it as much as ever; for then 'twill be easy to engraft a new Law, on pretence that the old did not answer the end, as we see 'twas urged in the Case of the Conformity Bill. As to the obliging Authors to set their Names to their Works, that can only serve to hinder the publishing the most useful Books, viz. those designed to rectify Abuses. Besides, this prejudices Peoples for or against a Book, and serves as a Handle for fulsom Flatteries, or gross Abuses; and we have too frequent Instances of mens thinking to atone; for not answering the Arguments, by railing at the Authors. And therefore those Writers, such as the Author of the Whole Duty of Man, &c. that design the utmost good, have industriously concealed their Names.

Miscellaneous

Reasons against restraining the Press.

Reasons against restraining the press

MscA1712

THO' the Province you have assign'd me is the last I should have undertaken, by my own Consent, yet a Request from you, carrying the Force of an absolute Command along with it, I have ventur'd to give you my hasty Thoughts upon a Subject which otherwise should have pass'd amongst the rest of the pious Frauds that have plagu'd and distracted Mankind. I am fully aware to what hazards a Man of a Publick Character, exposes his Reputation to, in talking freely, much more in writing on such a Topick, especially in the Country, where to make the least Doubt, is a Badge of Infidelity; and not to be superstitious, passes for a dull Neutrality in Religion, if not a direct Atheism. And here, Sir, I cannot but envy one Privilege you enjoy in Town, which is, a Freedom of Thought and Talk, whilst we are very often reduc'd to the Necessity of swallowing the greatest Improbabilities, without the least Change of Countenance, for fear of offending any Bigot of Figure. To offer any Reason in Bar of their Perswasion, would be call'd an Attempt upon their Judgments; so that in all popular Errors, if we discover the least Incredulity, we run the Risque of being taken for Men of no Religion; or if we pretend to be implicit Believers, we play the Hypocrite with our Reason and Conscience. But as to my own part, who never yet came under the slavish Ties of popular Compliances, or ever suffer'd my Judgment to mingle with the Crowd, am not very tender of contradicting any Opinion, how powerfully soever supported, where I see any tendency in it towards enslaving Mankind, or establishing Error on the Foot of Pride and Superstition. I am glad so judicious and penetrating a Judge went the Circuit, who could not be impos'd upon by the stale Artifice of Exorcisms, or suffer his Faith to bend to an enchanted Feather. His rational Distrust of so many Improbabilities, I hope, will be a lasting precedent to others in that venerable Station; so that hereafter we may not have that Waste of Humane Blood in every Village, upon the wild Testimonies of a parcel of Brain-sick People, who often stand in need of Dieting and Shaving themselves. What I have to say upon this Head being to be compriz'd within the Compass of a Letter, I shall not enter upon a long Dissertation of the distinct Species of Evil Spirits, or the Difference the Learned make between them; but directly fall upon examining the Absurdity and Inconsistency of the late Depositions against Jane Wenham. 2dly, Shew that all our Proofs of Witchcraft, are very fallacious, and consequently ought never to extend to Life. And in the last place, That the pretended Exorcisms practised on Anne Thorn, are meer spiritual Juggles, and the very Spirit of Priest-craft. Of all the ridiculous Stories that have been vamp'd up to seduce and impose upon the credulous Part of Mankind, I never yet met with any one usher'd in with such a Farce, as that of Mathew Gliston's being sent upon a Fool's Errand to fetch Straw from a Dunghil, leap three Miles, without having any further Violence offered to him. This was a sportive sort of Witch-craft; and Jane Wenham's Familiar at that time, was a merry Droll, he must be rank'd amongst that Species of Demons, of which they say there are but thirty Thousand who divert themselves with wild Pranks here upon Earth, and sometimes are said to do agreeable Services to Mankind. But setting this aside, how natural is it to conjecture, that this Fellow, in order to ingratiate himself with his Master, and knowing the Spleen he bore Jane Wenham, to contrive this foolish Capricio of his own, which, how ridiculous and unaccountable soever it may sound, still makes it more the ignorant Fellow's own Invention, and could not fail of being digested by all Degrees of People, after they had proclaim'd her a Witch for some Years? But can any Man in his serious Thoughts believe a Spirit to be an Actor in so comical a Part as is here represented? Can it enter any Man's Heart to conceive, that any Familiar, or Demon, would engage in such Trifles, to come and play idle insignificant Pranks, enter a humane Body, force it against its Will to such a place, and cui Bono , why truly, for a pennyworth of Straw, and to bring it home in his Shirt. These are such crude, indigested Stories, as would scarce pass upon the poor ignorant Lap-landers. This was only design'd, I presume, as a merry Prologue, to make the Auditors laugh, till the Curtain was drawn, and the Scene open'd, where the rest of the Entertainment is equally diverting. Jane Wenham is affronted for being call'd Witch by Chapman, Mr. Gardiner the Parson is made Referree of the Difference, assigns her but a Shilling Damage; which she resenting, said, she would have Justice somewhere else, if she could not have it there. Though there was nothing harsh in that Expression of Jane Wenham's, but what might drop from any Person either conscious to herself, or not conscious of the Crime she was accused, considering the Provocation was so great in the Eye of the World, and the Damage assign'd her was so small; yet upon an Accident falling out in Mr. Gardiner's Family, this Expression of hers is wrested to a Threatning of some dreadful Revenge upon the Parson's House. But here a modest Query may arise: Why did not the Blow fall directly upon the Parson, who had injur'd her, or transferr'd to so remote a Branch of his regard as that of a Servant? That Question, upon second Thoughts, may be too free: What! Thunder-strike Oaks? What! a Clergy-man lie exposed to the Fury of the Devil? No, no, they are all of the holy Seed, and cannot be reach'd by any infernal power: So the Man of God being impregnable, the poor Maid, who is describ'd equally as innocent, is left to stand the Shock. And really the first prank is very extrarordinary: Anne Thorn finding a Roaming in her Head, and thinking on Jane Wenham, is with her lame Knee, all on a sudden, transported against her Will, half a Mile, climbs over a Five-Bar-gate to gather some Sticks, meets an Old Woman, who gives her a crooked Pin to pin up the Sticks in her Apron and Gown, and so she returns, and Mrs. Gardiner finds her stripp'd upon her Return. A strange and wonderful Account, and all done in the space of seven Minutes, which would take upon seven Years to make good Proof of. Now the genuine Account of the Matter seems to lie thus: Anne Thorn sitting by the Kitchin Fire musing, and her Spirits being under a growing Disorder, as we may rationally suppose they were, by the Sequel: Such an irregular motion as stripping her self, might strike upon her Fancy, and she be prompted to take off her Gown, and gather up a few Oaken Twigs, which lie generally loose about a Kitchin hearth, and make them up in a Bundle: That being seiz'd with an Epileptick Fit, as the Symptom of finding a Roaming in her Head (by which, no doubt, she meant a Giddiness or Vertigo) plainly indicates, Jane Wenham, who was in her Thoughts just at her going into the Fit, might very probably beat strongly upon her Imagination, during that Paroxism; and that Mrs. Gardiner coming in at the Close of the Fit, and finding her in that disorder'd Posture, Anne Thorn related to her what was so warm upon her Fancy. This is natural to suppose, without stretching of Reason, or common Sense. But here was a very good Handle for a Story against the suspected Jane Wenham; and when they were furnish'd with such Materials from the poor Delirant, they might as well make a Wild-Goose Chase of it, as let the Scene be confin'd to so narrow a Compass as the Chimney-Corner. Evidence in such a Case could not be long a procuring; no doubt, the whole Parish, after a Prepossession of Jane Wenham's being a Witch for many Years, could not fail of believing any Thing against her, even in Opposition to their Senses. Accordingly two of John Chapman's Men are pitch'd upon as Witnesses to this Half-Mile-Course of Anne Thorn's; one of which, I presume, was the Fellow that was sent to pick Straws three Miles, and had not worn that Journey out of his Head; and another (as discerning a Spirit as himself) Evidence that perhaps might justly hang a Day for Sheep-biting. This, I say, seems to be a plain and full Account of the first Adventure. But when People come to talk positively, and depose the several Passages as are related by Anne Thorn, upon Oath, they are shocking to every common Ear. In a true Laxation of the Knee, it is impossible to walk, the Bone being out of its proper Socket, rendring the Motion of the Muscles altogether useless. If it was only a violent Extention of the Rotula, something might be allow'd: But it's hard to tell what this was, your Country Bone-Setters seldom plaguing their Heads with Distinctions. Now here, if I might find room for Belief, I would rather place Anne Thorn amongst the Number of Maniacks, than Demoniacks, for they really bespeak something more than Histerical: Her frequent Ravings, her lucid Intervals, her strong Imagination, her more than ordinary Strength, are Symptoms which agree well enough with Mad People; her frequent Calling out upon Jane Wenham, as the Source of all her Woe, no doubt, was owing to an Idea strongly impress'd upon her Brain, of Jane Wenham's being a Witch, and a mischievous Person, improved by an heated Imagination, and raised to a pitch of Fury against her by the quick and impetuous Motion of the animal Spirits, and rapid Motion of the Blood. As to that Objection which lies in my way, of Anne Thorn's appearing very composed, and free from any Disorder of Mind, before she was seiz'd with these Fits. It is answered, That generally before Maniacks, or mad People, fall into their Distemper, there is a great Calm and Slowness of Motion in the Animal Spirits, which occasions a very slow Motion in the Humours about the Bowels, and very often a Stagnation, that disposes them to a particular sort of Putrefaction, whence gradually proceeding some putrid, sharp, and salin Particles that oppress the Animal Spirits, and dull their Motion, till they separate gradually, and mix with the whole Mass of Blood, then at length great Crowds issuing out, do violently stimulate and hurry the Animal Spirits into that Fury and Tempest. As to her seeing an Old Woman muffled up in a Riding-Hood, and giving her a crooked Pin, and then vanishing, is all ridiculous and fanciful. For in less Indispositions than this poor Maid is reported to labour under, we find People, either thro' a Viciousness of Sight, or by a certain Situation of Objects, they believe they see that which really is not. In nervous Cases, does it not often happen, that by a certain Motion of our Eyes, Objects appear to us otherwise than they seem to us when without this Motion? In short, our Senses are allow'd to be great Deceivers. But I take this Apparition of the Old Woman in a Riding-hood to be the effect of a deprav'd imagination; Fear, Terror, and Rage, had so distracted her Brain, and multiply'd so many monstrous Idea's of Jane Wenham's destructive Power, that Anne Thorn could, in case of need, have, by the Strength of her warm Fancy, transform'd Old Jane into more Shapes and Figures, than she of her Familiar were able to do. After this, Anne Thorn is represented to us falling into Trembling and Convulsions, and upon her Recovery, impell'd to go and fetch more Sticks, without which she should never be well, and leaping over Five-Bar-Gates in her Passage; and that she was hindred from going any further by Jane Wenham, who stood in the Way to intercept her. Place this Account with the Evidence, as I do the other amongst the Mid-summer-Night's Dreams, and do deny it to be in the Power of any person, the World calls a Witch, or Familiar, to force any Person against their Wills upon such trifling Errands; or to act so upon them, as to make them leap Five-Bar-Gates, &c. As to the First, If it be said that a Demon, Witch, or Spirit, forces any Creature to act in such and such a manner, I demand in the next place, how he forces him? Does he absolutely deprive him of the Liberty of doing what he pleases? How came he by this Power? Has he it from himself, or from some Superior Being? I believe few are so sanguine to affirm, that he has of himself the Power of forcing Men to do whatever he pleases, without their being able to avoid submitting to his Decrees. If it be urg'd, that he holds this Power of the Supreme Being, what Proof can be produc'd of it? Whatever Argument can be form'd to prove this, Can it possibly suit with the Divine Wisdom and Goodness? Is there any Agreement betwixt so immense a Power lodg'd in a wicked and revengeful Spirit, and the Divine Love to Mankind, joined with his Knowledge of their Weakness, and how easily they are captivated and surpriz'd by his Wiles? As to the Second, 'tis no difficult matter to say a Witch's Familiar, Demon, (or what you please, amongst the vast Variety of Names to call them) can do this or that; but this does not convince every thinking Person of his or her preternatural Power. Let's make a familiar Instance: No Spirit acts otherwise than by its own Will, and its Will consists in nothing but a bare Thought. Then I demand, how our own Spirit, that is our Soul, does the least thing to our Bodies, if it be true that this is done by Thought? If it is our Will, our Foot and Hand move, and in such a manner as we would have them. Let us try the same on another Body which is not ours, without the Interposition of our own. Let's try a little only by Thought, to make a Body, or the Resemblance or Shade of any one in any Place whatever here on Earth, or in the Air. Now How then should a Demon or Familiar do this, who has no Body of his own? But setting aside this, perhaps as a little too abstruse, you'll say perhaps, the Supreme Being permits this Demon or Familiar to enter the Body of the Person, and so actuate it as it pleases. What a Chain of Absurdities must we admit of here. Here we must suppose God working a Miracle upon every trifling Occasion, to oblige the evil Spirits; as if Miracles were not too much to grant them, considering how strongly they are bent to do Mankind Mischief; and not only this, but likewise indulge them in several apish, ridiculous Pranks, which they continually abuse, to the Dishonour of the Creator, and the Damage of his innocent Creatures, and to sum up this Inconsistency, all to humour some poor, decripid, silly Old Woman. I pass by a Hurdle of Follies, much of the same Nature, till Jane Wenham is brought to Anne Thorn, who long'd to satiate her self with her Blood: Accordingly Jane Wenham comes to her, and Anne Thorn's Colour and Speech returns, and she scratches Jane Wenham's Forehead, but could fetch no Blood, which occasioned a very sage Remark. Now, who but a pack of Idiots, could have expected a Torrent of Blood, or indeed but a few Drops, from a shrivell'd Old Forehead, which, if squeez'd and collected, would not yeild half an Ounce? and even in its most florid State, is but a dry Muscle, and the Vein a rowling one, not easily to be launch'd by a Finger-Nail. After this, we find Jane Wenham submitting to be search'd, and willing to undergo all those Trials that never fail of discovering a Witch, according to the Country Probations; but this we find pass'd by as unnecessary at that time, but afterwards try'd to no purpose; tho' if any of those Persons concern'd in her Arraignment, had from their Souls believ'd her as they represented her, I am apt to believe, they would have been likewise satisfied in that Point, as well as given to other ridiculous Notions and Experiments, as burning the Bundle of Sticks, and the Pin, and the Feathers, &c. But now comes on the famous Trial of Skill, about repeating the Lord's-Prayer. The Reverend Mr. Strut, the chief Champion in the Lists, and his Fellow Labourer Mrs. Gardiner, against a poor ignorant Old Woman. Impar congressus : And great Stress is laid upon her repeating, Lead us not into Temptation, with two Negatives. Now I would venture a small Wager upon it, take England round, and there are 3 Parts in 4 of the Country People pronounce that Sentence generally after this manner. But not putting this infallible Touch-stone upon so uncertain an Issue, as coming from the Mouth of a Reverend Divine; It may be worth the while to enquire, whether too many of the Auditors were not very curious in watching every Lapse of her Tongue, or preventing her Repetition of those Words, with too many impertinent Questions, or alarming her with the suppos'd Impossibility of repeating them. But drawing off from Conjectures, I would fain know how the false Pronunciation of that Sentence particularly, came to be the Criterion of a Witch; I think none of our Rubricks enjoin it as a specifick Trial, and I hope, no learned Divine has borrow'd it either from a Popish Legend, or found it amongst some Country Receipts for a Strain, a Quaking-Pudding, or a Cut Finger: No, we cannot think so meanly of any Branch of the sacred Body. Then let's come a little closer to the Point, and try it by dint of Reason. It would be some Satisfaction to know, why a Witch, &c. as the Reverend call poor old Jane, should boggle at one Sentence more than another. The Reason assign'd, I presume, is, that they being conscious of running voluntarily into Temptation, have not the Face to pray that God would prevent them from falling into it; whereby the Reverend allow their Witch some Grace. But pray then, with what Front can such a Creature say, Our Father, &c. when she has renounc'd God, and resign'd her self up to the Devil by Contract? How can she say, Thy Will be done, when she is continually employ'd in the Devil's Service? In fine, How can she pray, Thy Kingdom come, or for the second Coming of Christ to Judgment, when she must expect by that Judgment to be irreversibly damn'd? But here's a very strong Argument they bring to confirm the Guilt of Jane Wenham, viz. her falling down at Mrs. Gardiner's Feet, before she gave in her Information, and begging her not to swear against her, using many Expressions of Fear, least she should be sent to Goal. Now with me it's a moot Point, whether Jane Wenham's earnest Entreaty to Mrs. Gardiner, not to swear against her, does not seem rather a tender Regard to Mrs. Gardiner's Soul, for fear she should Perjure her self in her Deposition, than a Discovery of her own Guilt. But setting that aside, Jane Wenham might very readily suggest to her self, that Mrs. Gardiner being the prime Undertaker in this Affair, a fierce Bigot, and a superstitious Believer of whatever dropt from Anne Thorn's Mouth in her raving Fits, might, by a heat of Passion, peculiar to such Zealots, give some Colourings of her own to the ridiculous Account she was to relate: And Jane Wenham being a poor helpless Creature, detested by the whole Parish, upon the Supposition of her being a Witch, being sensible of the Weight and Authority of such an Evidence, and that her Fate in a great measure depended upon her Deposition, might, amidst those anxious Fears and Cares, be allow'd to sollicit Mrs. Gardiner's Favour, without the least Colour of Suspicion. Then as to expressing her Fears of being sent to Goal, there is so little Stress to be laid upon it, that nothing could have justify'd the Mention of it, but only that it serves to make this Collection of Prodigies more curious. For who is there without dismal Apprehensions of a Goal? Who thinks of Confinement without Horror? Much more might such an abandon'd Wretch, who had neither Friends or Money, dread being sent there, when, under her Circumstances, she could expect nothing less than a Course of Misery and Hardship worse than Death. As to the Information of Susan Aylott, it's so disjointed, and even conjectural, after her own Way of telling the Story, that it deserves no Remark. Thomas Adams's is likewise of the same Complexion. He, it seems, has 3 or 4 fat Sheep die of the Megrim, by feeding in too rank Pasture; and because this poor old Creature was seen in his Turnip-Field, ergo she bewitch'd his Sheep. Fair Consequences, and which, if made use of, might serve to condemn all the innocent People of a Parish, as well as the guilty, in the space of a Year. Another Wise-acre swears he came within 3 Minutes of Jane Wenham's threatning Anne Thorn, and if he had been in the Indies at that time, 'twas as much to the Purpose. But here is some seeming weight in what comes next: Mr. Strut having renew'd his Proof of Jane Wenham's Guilt, by her not repeating a particular Sentence or two in the Lord's-Prayer; after his Dialect (which I have already shewn to be inconclusive) asks her, if she had any hand in bewitching Anne Thorn; to which at first she gave not positive Answer; but upon Mr. Sturt's telling her how beneficial such a Confession would be to her own Soul, and others, if she was guilty, she began to relent, and in the Presence of Mr. Gardiner, and her Kinsman Archer, Mr. Strut ask'd her sincerely to tell him whether she was a Witch? she said she was: Then he ask'd her, whether she had not an hand in bewitching Anne Thorn? she said she had, but there was another concern'd with her: Then he ask'd what induc'd her to it? she said, the Girl had once vex'd her. Then she was ask'd, whether she did not meet Anne Thorn on Tuesday Morning? To which she answer'd, No: But being ask'd, whether it was not her Familiar? she answer'd in the affirmative. She likewise confess'd, she had liv'd in that Course of Life above 16 Years: She then being ask'd, what induc'd her to that Familiarity with the Devil? Said, it was a malicious and wicked Mind; for when any of her Neighbours vex'd her, she us'd horrid Curses and Imprecations, on which the Devil took Advantage over her. With Submission to this Reverend Divine, I think that all the Questions are very superficial, and ensnaring, and half of them such as she knew not the meaning of. As to the first, Whether she was a Witch, she is said to confess her self to be so: Whereas, if his second Question had been, What is a Witch? she would not have been able to tell; and I question whether it might not have put his Reverence to some trouble to define: The Parish having lodg'd that Name over her for some Years, the poor simple Creature own'd her self to be what they had stigmatiz'd her for, without either knowing the Hazard of Confession, or the Properties of a Witch. The second Question is as unfair as the first: For she not being supposed to know the Meaning of a Witch in the Latitude, her Accusers took it, so by that second Question they involv'd the poor stupid Creature in a Plot against her own Life. If the Question had follow'd, about the Modus of her bewitching, she would have been as much at a loss as to have defin'd a Witch. The Third Question about her Familiar, is equally ensnaring, she not knowing the meaning of the Term, or the Use a Familiar is put to: The Parson help'd her out with a leading Question. Then as to her Confession of having liv'd in that Course 16 Years, I take to be no more than a bare Computation of the Time the Parish had accounted her so. The last is a fair as the rest, viz. What induc'd her to such a Familiarity with the Devil? when we have no account of any she made use of. What Familiarity this was, should likewise have been enquir'd into: The original Contract between them produc'd, an Account likewise how the Commerce between them had been carry'd on; In what manner she acted under the Devil? But instead of this, we have the old dry Answer, a wicked Mind, and that she using to curse her Neighbours, the Devil took advantage over her. Why is not the particular Advantage the Devil took over her explain'd? No doubt, the Devil takes advantage over every Person that transgresses, but not so as to bring him under his immediate Power and Influence: Neither do I believe the Devil took any more advantage over her, than any common Sinner. But the Questions and Answers are so prettily adapted, and contriv'd so well for shortning the Dispute, and ensnaring the poor senseless Creature in a few Words, that I cannot help believing but the whole Catechism, both Question and Answer, was contriv'd by the Priest. Ay! But here is Self-Conviction, she is condemn'd out of her own Mouth, and what necessity is there of farther Evidence. But consider the Creature that thus condemns her self: A poor, stupid ignorant Wretch, that had been harrass'd out of her Senses, threatned by all the Parish, Brow-beaten by the Justice, loaded with 20 hard-mouth'd Depositions, closeted by Priests, told the Advantages of confessing, and perhaps, that a frank Discovery might be of use to her. I say, weighing all these Circumstances, What could be expected from this poor Wretch under this Consternation? But however, it is not Rarety to find these reputed Socerers and Witches, accusing themselves of what they were never guilty, even of killing Persons, when they have been actually alive, either out of an unaccountable Vanity of distinguishing themselves, or a vain Design of making themselves fear'd. After this, we are entertain'd with a merry Account of Caterwauling, and with such variety of Accents, as are seldom heard but about Midnight. But we find Ann Thorn's Fits continuing violentupon her, and taking notice of no Person; but when JaneWenham was brought into the Room, she flew up with great Strength and Fury, crying out, What are you come to torment me, once when all the Family had given over Anne Thorn for dead. It must be allow'd, that all Persons labouring under those violent Fits as Ann Thorn did, have their seeing and hearing much more exquisite (tho' deprav'd) than others, in regard of the abundance of Animal Spirits which are contain'd and engendred, insomuch that it may be affirm'd, that the greatest part of their Blood is spiritualiz'd or converted into animal Spirits. Now we may rationally suppose, that Anne Thorn having spent her Fury upon Jane Wenham in the former Encounter, that long Intermission out of which she could hardly be provok'd, but at the Appearance of Jane Wenham, may be ascrib'd to the great Expence and Waste of Animal Spirits in her last Fit, which she was forc'd to repair, by giving the Remainder of her Spirits time to breed more. In the next place, we meet with an enchanting Pin, which young Chauncy takes out of Jane Wenham's Hand, and pricks her with, and at last fetches out a Watry Serum; by which, I presume, they mean a Serous Blood. And truly, no more could be expected from a Woman advanc'd in Years, who liv'd low, and perhaps might have some other reason for such a Scarcity of florid Blood. But after this, we find Jane Wenham goes home, and passes the Night in Singing and Dancing, saying, the Maid should be well that Night: Was there ever such a Mixture of Frenzy, Simplicity, and Unconcernedness? Truly, I am apt to think, Jane Wenham her self was a little touched, by being so often put to the Torture of Ill-Tongues, and more an Object of Pity than Revenge. Now comes on a second-sighted Evidence, who sees Pins convey'd to Anne Thorn by an invisible Means. 'Tis Pity there had been any more Depositions, this is so conclusive: It would puzzle a Judge whether to try the Criminal or the Evidence: For the seeing an invisible Power, looks very dangerous. After this, these Witch-hunters make use of an infallible Secret of proving Jane Wenham a Witch, by putting some of Anne Thorn's Urine into a Stone Bottle, tying the Cork down, and setting it over the Fire. I presume this Experiment, was made at the Instigation of Mrs. Gardiner, who was the prime She-Undertaker in this great Affair. If the Clergy were concern'd with the Maid's Urine, they would oblige the World with giving them a Rationale of its working such surprising Effects. In short, these busie People were teising Jane Wenham upon every Occasion, that they had brought her to Fits at last, and it's no wonder to find her falling into the Alternatives of Grief and Joy. Before Jane Wenham is sent to Goal, Mr. Strut and Mr..Gardiner make another Effort upon her, and remind her of her former Confession, which she poor Creature took little Notice, of being full of Evasions. By which we may learn, how little she knew of the Consequence of her confessing what she did to to the Parsons; but she finding they improv'd it to her Disadvantage; and being advis'd, I presume, to lie more upon her Guard, was shy in answering, and told them, They lay in wait for her Life. Being ask'd in what manner she contracted with the Devil? she said, an Old Man spit upon her. A notable Method of Bargaining, and a pretty Invitation into his Service, and the newest way of Signing and Sealing between Parties that one shall hear of. I have read in your Books of Demmography, something that looks more solemn; as that the Devil, in order to make People renounce God, usually makes them touch a Book, which contains several abstruse Characters, and then threatens to throw them in a deep Lake of Black-water, if they don't instantly perform the Renunciation: Then at the Rendezvous of their Sabbath-meetings, he gives them a past of Black Millet, and the Liver of an unbaptized Child, which has a Vertue in it of making them keep the Devil's Secrets. He likewise sucks the Blood of the Left-foot of the Sorcerer, or Witch; with the like. These look like formal Initiations: But this poor Wretch was only spit upon by an old Farmer; perhaps in Spleen, or Derision, and possibly pi---s'd on, and this instantly debs her a Witch. Passing by the two sensless Depositions of Isaiah Wright, and Thomas Harvey, we are next presented with an enchanted Pillow, with a great many Cakes of small Feathers; which, how great a Wonder soever the Priests made of it, is no surprize to the Upholsterers, who meet with such Prodigies every Day, in the ordinary Course of Business. As to the Maids being better after the burning the Feathers, it's no wonder, People in Anne Thorn's Condition being always reliev'd by the Smell of such Volatiles. The last wonderful Phænomenon is, Jane Wenham's appearing to her in the Shape of a Cat. Now setting aside the Viciousness of Anne Thorn's Opticks, and the irregular Motion of her Spirits, which made her take a Cow for a Tree, and a Man for an Horse. I deny that there can be any such Transformation of an Humane Creature into a Cat, Dog, Hare, or any other Species. It is not possible, either in Soul or Body. Not in the Soul, for that would be a sort of Mortality, to which the Soul is not subject. The Sorceries and magical Effects of Evil Spirits may, if God permits them, stop the Passages of our Senses, disturb them, and enfeeble the Organs, but they cannot annihilate and extinguish the reasonable Soul, efface the Image of God, to substitute a brutal Soul in its place. But if it should be alledg'd, that the reasonable Soul sequesters it self, and makes room for the other, that cannot be done without the intire Death of the Body. Nor is it any more possible that two Souls, the Reasonable and the Brutal, should be joined together, for then there would be two essential Forms in the same Subject, which cannot be allow'd according to Physical Principles. Nor is the Transformation of the Body more possible; for this Vessel cannot be changed in order to substitute another to the reasonable Soul, which is also improper to vivifie and organize the Body of a Beast. This Head, this Humane Brain, in which the Imagination is lodg'd, and in general, all the Members of the whole Body, are so aptly compos'd for the Functions of a reasonable Soul, that it cannot be lodg'd in the Head and Body of a Brute. I shall take notice but of one ridiculous passage more, and so close up my Remarks upon the Narrative, which is, that of Jane Wenham's coming to Anne Thorn's Window, after her Commitment, and threatning to torment her. Now I thought it was a received Opinion, That Witches had no Power over a Person after being in the Hands of Justice. But supposing they have, a Query very naturally occurs; How comes it to pass, if these miserable Wretches have Liberty to get out of Prison, that they are such Fools to return, and expose themselves to the almost inevitable Danger of suffering the Torments appointed in such Cases. At this rate, we must believe they learn no Wit by conversing with the Devil. Having briefly run over the Narrative, according to the Promise I made you at first, Sir, I proceed to shew how fallacious the Proofs of a Person's being a Witch are, and consequently ought never to extend to loss of Life. In Germany, People have a fine time of it: A bare Report that the Person is a Sorcerer, or a Witch, is enough: They are immediately upon that imprison'd, and then interrogated; if they deny it, they are put to the Torture; if they own it, they pronounce their own Sentence. It is not so bad with us, God be thanked, but the Proof against the Criminals of this kind, amongst us, is for the most part very precarious, the chief Evidence against them being generally taken from Persons said to be bewitch'd by them, who are for the most part distemper'd in Mind, and consequently their Attestation is of no more weight than a Person's under a Delirium. If any Mischief befals a Person, or his Family, after the passionate, but impotent threats of an Old Woman, it's a sure Argument of her being a Witch; as if the Muttering of a few Words should conceal in them the occult Malignity of an immediate Poison, or that a Wish should be able to infect Cattle with the Murrain, or that God, whose Omnipotence but very rarely transcends the Laws of Nature, should allow them to be violated continually, to oblige a petulant peevish old Woman, and the Devil be still at her Devotion. But if there be no Occasion given, if Envy, Revenge, Malice, or Power, fall in with Ignorance, they may prove fatal to any destitute of Friends: Nay, some Performances, the like of which have not been seen before, in which appear some Motions, of which the Springs are unknown, have been sufficient to fix the Brand of a Sorcerer upon a Person. A learned Man at Paris was accus'd of Magick, for printing a Commentary on the Tenth Book of Euclid; and a Norman Gentleman observing from the Barometer, that it would not be long before it rain'd, got his Hay mow'd whilst the fine Weather lasted, which made the Country People report, he held a Correspondence with the Devil. The Water Experiment to try Witches, is the most fallacious of any, so is that of Marks about the Body: A Mole or Wart, or any Excrescency, passing current for the Stamp of the Devil. It would be endless to recount the several idle Tokens the Country People have of Witchcraft, and not one of them with the least Shadow of Reason. Now that the Vulgar should ascribe every thing that's a little surprizing, to Witchcraft, is no wonder; but that Clergymen, Men suppos'd to have made some Improvement in Physick, should give into the little crude Notions of Nurses and Old Women, about Things which might easily be solv'd by natural Causes, is astonishing; but there is a Vulgus amongst the learned, who, because they cannot readily assign a Cause for the Event, as being less obvious to Sense, presently conclude it preternatural. To own their Ignorance, 'twould put them into too great a Confusion, or give them too much Trouble to search into these Causes. 'Tis a surer as well as a shorter way, for their Reputation and Ease, to cry it up at once for a Miracle. By that they free themselves from many perplexing Queries; and intermixing the specious Pretext of Religion with it, they seem to advance God's Glory. I think, amongst the few good Things that Lewis XIV. has done, this ought to be mention'd, that he has alter'd the Proceedings against Magic and Witchcraft, turning the Penalty of Death into Banishment, and afterwards by a Decree of the Council of State in 1672, order'd that all the Prisons in Normandy should be set open to all Persons that were detained for those Crimes. Before we take our leave of this Subject, we must examine a little into this Exorcism by Prayer, which we have reserved for the last. This Exorcism is of a very ancient Date, practis'd amongst the People of Greece. But as it was manag'd at that time, it became scandalous. It was perform'd generally by mean and mercenary old Women, who made it their Business to go and read certain Forms of Prayer, in order to pacify Persons and Houses. This Trade of an Exorcist was accounted dishonourable in these Days, upon the Score of its being a pious pions Fraud: For which Reason the Orator Æschines, Son to a Woman who had practis'd it, was ignominously treated by Demosthenes. And I fear our modern Exorcists will find as little Credit amongst the Judicious, especially if all the Exorcisms are perform'd like that upon Anne Thorn. Here is a poor Maid Epileptick, Hysterical, Lunatick by turns: The Priest comes and prays by her in one of her Fits, which lasts more or less, according to the Disposition of her Animal Spirits. The Fit goes off in its due Course, and this is call'd an Exorcism. I do say, any one that sprinkles Water in a Person's Face that's going to swoon, has a better Claim to an Exorcist, than these. I thought in all true Exorcisms, the Evil Spirit was cast out and entirely banish'd, and left the Patient with some Struggles; still we find him returning into this Exorcis'd Person at Pleasure: But perhaps it was not the same Devil, and 'twere more for the Priests Credit to give out it was a fresh Demon every time: So having a Legion upon their Hands, they would have the Reputation of the greatest Kill-Devils in the Kingdom. It is with indignation, to be serious, a Man sees such bare-fac'd Impostures walk about in the Face of the World: But we presume, they who would impose on the World in this manner, hope to find their Account in it, and that nothing but Self-Interest could induce them to propagate such Delusions. If they could once fix this Belief in the Minds of the People, that they were indued with a special Power of dispossessing Persons, and assisting them in preternatural Streights and Exigencies, by virtue of their Sacerdotal Office, how strangely would these Surmises work in time, and not only attract the Devotion of the Simple to them, but likewise weighty Offerings? Some such Design must be at the Bottom of this Delusion, and the Multitude of superstitious People at this time of Day, may be a Party, for ought I know, sufficient to support it: Nay, if once a Priest could bring his Parishioners to believe this power of Exorcising, I don't doubt but in time he might graft more pretended Miracles upon that Stock, and set up at last, for driving away the Plague, curing Cattle of the Murrain, boast of a sovereign Remedy against the Tooth-Ach, recover lost Goods, and in short, be resorted to as a Prophet upon all Occasions. As this would not only enrich them, and transfer the Wealth of the Parish into their Hand, so likewise it would raise their Persons into greater Esteem with the World. What Honours could be thought too great for such a Wonder-working Priest? and when once conferr'd by the Laity, How would the Priest improve them, till at last they might be tempted to put in a modest Claim to be exempted from all politick and positive Laws, unless of their own making? Nay, who could think, but that they who were entrusted with such a specifick and God-like power, were the fittest to be Legislators themselves, and that the Gods were come down to us in the Likeness of Men? Nay, if our Priesthood in this degenerate State, could perswade their People, that they were capable of doing so great a Miracle as exorcising a possess'd Person, they might preserve their Esteem and Veneration without the laborious way of keeping up unblemish'd Sanctity, and Exemplariness of Life. This Point once gained, How expos'd and open should we lie to all the Inroads of Popish Superstition? We might then expect to see Spiritual Fairs set up in every Parish, where hallow'd Wax-Candles, Amulets, Charms, holy Oil, and a thousand Tinklets would be sold, as so many effectual Devil-Drivers, in the Absence of the Priest. But to return to our Chevaliers of the Exorcism: I don't apprehend, with what Colour of Certainty these Gentlemen can attribute the Abatement of Anne Thorn's Fits to the Success of their Prayers? Indeed they chose a proper time to prove the Force of their spiritual Drugs, even when she was in Her Fits; and they having a round Number of Collects to ply her with, it was ten to one if the Paroxism did not abate in that Time which was forthwith ascrib'd to Prayer; whereas I would venture any Wager, that the Maid had come to her self (as they vulgarly say) within that time, without the Assistance of those Prayers. Not that I would here be thought to derogate from the Prayers of our Church, and the admirable Collects contain'd in the several Offices: No, they shall ever have my highest Esteem; but I think them of no Use in the Case before us, as neither being adapted to the Circumstance, or a Method any ways recommended in holy Writ. For I must beg leave to interpret that Passage of our Saviour's of this kind, geeth not out but by Prayer and Fasting, very different from the Reverend's Exposition. By their making use of this Text in their Narrative, to justifie the Efficacy of Prayer in such Cases, one would think that they understood the Saying of our Saviour, as if Prayer and Fasting were the proper Methods for dispossessing an Evil Spirit: Whereas, if we attend to the Context, we shall find it very different. This Expression of our Saviour's has its Rise from a Man's bringing his Son to him, who was possess'd with a dumb Spirit, having first try'd the Power of his Disciples, who were unable to cast him out. Hereupon Christ reproves them for their want of Faith, and casts out this dumb and deaf Spirit: His Disciples taking an Opportunity to ask him, Why they could not cast him out? he told them, this kind can come forth by nothing but by Prayer and Fasting. Now by Prayer and Fasting in this place, Christ means the Preparatory Acts of Devotion and Mortification, in order to obtain so sublime a Faith as was requisite to the subduing of those Evil Spirits; not that the bare Opus operatum of Prayer or Fasting, was of any Power to expel a Demon, or chase away a Spirit: For we never find our Saviour making use of any Form of Prayer, but with Authority commanding them forthwith to come out, which they did sometimes with Reluctance; and upon the Approach of our Saviour, knowing it was their last Effort, would leave very terrible Marks of their Rage behind them. Of these Evil Spirits quitting them, and the immediate Change for the better, the Demoniacks were forthwith sensible, and they never return'd. But in this Mock-Exorcism, we have no violent Struggles, but what were the immediate Effects of the Fit. The Maid is no ways sensible of any Spirit going out of her, she is tormented afresh in the Course of her Distemper; and one time, by the Priests own Confession, Asmodæus was deaf to the Liturgy. But one thing must not be omitted here, viz. that Anne Thorn never complain'd to these Divines, of the Devil's Uneasiness at the frequent Removes they gave him by Prayer; or that Jane Wenham finding her Power wasting by the frequent Application of that Lipsalve, did not, amongst other Threatnings, warn Anne Thorn against this frequent Prayer: No, we find her, by their own Account, equally successful, and triumphing over their sham Miracles, and themselves expos'd as a Company of raw Artists. As far as I can learn, the dispossessing of EvilSpirits was one of the noblest Exercises of Power Christ made use of whilst he was upon Earth, and we find the Apostles (tho' far superior to any of their Successors, in Faith and good Works) not sufficiently qualify'd for that great Undertaking; and therefore, methinks it would be but a becoming Modesty in the Priesthood, to examine their own Lives and Conversation, and their Consciences would soon make a Report how far short they fall of those Qualifications necessary to so great a Work. This Method would abate their Pride, and humble their Spiritual Sufficiency, and that Glory which they assume to themselves now, upon a suppositicious Miracle, would then appear to them as the most desperate Presumption. The spiritual Gifts and Graces they convey to us in their Ministerial Capacity, is all the Power we know they are vested with at present, and aspiring to more, is the only Means to weaken what they are allowed to have. If to this, the Clergy would be little more conversant with the History of Diseases, and enquire more narrowly into the Physical Causes of things, several Effects would not appear so perplexing, neither would they be so forward to ascribe those Diseases to the Devil, where Nature is primarily concern'd.

Miscellaneous

A FULL CONFUTATION OF Witchcraft, &c.

A full confutation of witchcraft [...] proving that, witchcraft is priestcraft [...]

MscA1722

I HAVE upwards of thirty Years been placed near London, on a Spot of Ground, where I have raised several thousand Plants, both from foreign Countries, and of the English Growth; and in that Time, and from the Observations I have made in the London Practice of Gardening, I find that every thing will not prosper in London; either because the Smoke of the Sea-Coal does hurt to some Plants, or else because those People, who have little Gardens in London, do not know how to manage their Plants when they have got them: And yet I find, that almost every Body, whose Business requires them to be constantly in Town, will have something of a Garden at any rate. I have been therefore advised to give my Thoughts in this Manner, that every one in London, or other Cities, where much Sea-Coal is burnt, may delight themselves in Gardening, tho' they have never so little Room, and prepare their Understanding to enjoy the Country, when their Trade and Industry has given them Riches enough to retire from Business. The Books I have read, and the Conversation I have had with a great Number of the Trading Part of Mankind, inform me, that all the Care, Labour, and Industry of Men of Business tend to lead them in their latter Days into Quiet and Ease, as well as to provide Fortunes for their Families. And I have lived to see some, who, from very small Beginings, both in Fortune and Opportunity of Gardening, have work'd themselves so well through the World, that they are now Possessors of large Estates, and many Acres disposed after the best Manner; which I think will not be amiss to mention, for the Encouragement of such who are now for the Sake of Trade pinn'd down to a narrow Compass of Gardening; true Care and Industry will make their Gardens larger, as the same Care will increase their Fortunes. One may guess at the general Love my Fellow-Citizens have for Gardening, in the midst of their Toil and Labour, by observing how much Use they make of every favourable Glance of the Sun to come abroad, and of their furnishing their Rooms or Chambers with Basons of Flowers and Bough-pots, rather than not have something of a Garden before them. Nor is this Pleasure less cultivated among Persons of Quality, while publick Affairs oblige them to the Town, during the busy Days of the Week; I have heard some say, that the Sight of good Flowers, and their grateful Smell, has made them often wish to be enjoying the Pleasures of their Country Gardens. And so I find, that the Men of Business are all upon the same Foot in seeking Country Pleasures. We may consider that then our judicious Traders in the City have as much Reason to hope for the Enjoyment of the Pleasures of this Life, as the Persons of Quality, which are in the highest Stations; for the Pleasures of Gardening, or Country Air, which I speak of, are equally the Right of one and the other. Now, when Gardening goes so far among Men in general, as to engage the Minds of the most worthy Part of Mankind, or I might say of all Men who have the least Time for Diversion; I see no Reason why I should not cultivate this innocent Pleasure among my Fellow-Citizens; that from the highest to the lowest, every one may be improving their Talent, or even their Mite, in the best Way they can, in order to increase their Quiet of Mind, to be fix'd in a right Notion of Country Happiness, when their Affairs will permit them to reach such Pleasures. When we are not yet arrived at the Pleasures of a large Garden, or cannot enjoy the Benefit of a large Piece of Ground, we content our selves with a Nosegay, rather than fail. There is, I confess, a very wide Difference; but where a little is only to be had, we should be content with a little; Industry will always find out more: 'Tis Money will be the Consequence of Industry, and that will always go for its full Value, and bring us as many Acres as it's worth; and in Proportion to the Money Men get, so may their Gardens be larger and better garnish'd. And if their Riches does not too much engage their Mind, they may have Content too; for whoever understands, and loves a Garden, may have Content if he will, because he has Opportunity every Day of contemplating the Works of the Creation, and of admiring the Power and Wisdom of the Creator; which I think is the greatest Happiness. I think I need say no more of the Book I am now publishing; my Design is only to instruct the Inhabitants of the City, how they may in little arrive at the Knowledge of managing and delighting in those Gardens, which their present Industry leads them to retire to, when their Business has given them sufficient Fortunes to leave off Trade; and I doubt not but, from my Experience, I may add some Benefit to those who have already began to shew their Love for Gardening, even in the smallest Way, let it be never so little. SOME Gentlemen, who have been abroad, have told me, that there is no publick Place for Walking in any City on this side Italy, that is so pleasant as St. James's Park. The Gardens belonging to the French King at Paris, are not near it in Beauty, as I am inform'd. The Park at St. James's is of a large Extent, and disposed in handsome Walks of Lime-Trees and Elms, a large regular Canal, a Decoy for Ducks. And altho' it is as much oppress'd with the London Smoke, as almost any of our great Squares; yet the wild Fowl, such as Ducks and Geese, are conformable to it, and breed there; and there is an agreeable Beauty in the Whole, which is wanting in many Country Places. The Quantity of Ground, which now lies in a manner waste in Moorfields, might undoubtly be render'd very agreeable, was it to be adorn'd after the same manner, and be as delightful to the Citizens, as St. James's Park is to the Courtiers. The Space of Ground is indeed large and open to the Country on one Side; but then when the other Sides are encompass'd with Sea-Coal Smoke, some would imagine there can be very little Hopes of a Country Prospect in such a Place. Nay, this Smoke prevails so far, that half a Mile nearer the open Country, it is sensibly felt; and yet not only Elms, Limes, and Beech-Trees grow there, but the most ungovernable Sorts of wild Fowl make it the Place of their Resort. The Duke of Buckingham's Gardens, the Lord Godolphin's, the Duke of Marlborough's, the Royal Gardens, and others which bring good Fruit and Flowers, are joining to this Park; the common Birds of the Woods are familiar in these Gardens, as well as the Park. And since this is plainly Matter of Fact, why may we not in many Places, that are airy in the Body of London, make such Gardens as may be dress'd in a Country manner? There is St. James's Square, Lincoln's-Inn Fields, and Bloomsbury Square, besides others, which might be brought into delightful Gardens. The plain way of laying out Squares in Grass Platts and Gravel Walks, does not sufficiently give our Thoughts an Opportunity of Country Amusements; I think some sort of Wilderness-Work will do much better, and divert the Gentry better than looking out of their Windows upon an open Figure; for which Reason I shall explain what my Opinion is about such Squares very particularly. But the Draught I give may be varied by those who make or fit up such Squares. I place it here only as a small Example of what may be done; I am very sensible it may be very much improved. Now when we have fix'd upon a Draught or Design for a Square, we must consider what will grow in it, or else our Labour will be lost; and especially how to make it look well in the Winter, and that Part of the Spring, when Persons of Distinction are in Town, or else the main Foundation of the Design will be lost; for they will not pay for a Thing that they have no Benefit of, or Pleasure in. Therefore, first, I shall mention what Sorts of Ever-greens will grow in London, as I have found by my own Experience; tho' 'tis to be consider'd, that the Plants that will grow in a Square or large Place, will not always grow in a Street or a Court. But that I shall explain more fully by and by. These six Sorts will afford good Variety, and dress out a Garden for Winter very well; but for the Sake of the Spring, when the Company is generally in Town, we should intermix with them some Flowers, Shrubs, and such Trees as will yield a Beauty in their tender opening Buds; and these are many in Number. To these we may add the Vine, which will do very well in London, either against Walls, or without them. In Leicester-Fields, there is a Vine that bears good Grapes every Year; and in many close Places, such as Tavern Yards, there are Vines now growing in good Perfection, and even bear good Fruit; so that we might distribute them among the Plants in the Wilderness Quarters. The Virginian Accacia makes a good Figure, and a large Tree. There was one of them growing in the close Passage between the New and Old Palace yard Westminster, about two or three Years ago, and I suppose it may be still growing there; and there is some now growing at Russel House in Bloomsbury Square. We have Instances enough of the Elm, that it will do well in London, from the large Trees now growing in the Temple, and several other Inns of Court. All the Squares which are already made, are Proofs that the Lime-Tree will bear the London Smoke, and will grow even in the closest Places; as in little Courts and Yards belonging to Taverns, tho' in the Heart of the City. The Mulberry likewise thrives very well in London, in very close Places, either in the Ground or in Tubs. Figgs prosper extremely in the City, and the Smoke has no ill Effect upon them. The Reverend Dr. Bennet has some of them in his Garden at Cripplegate; which, by the new Way of Pruning, are well set for Fruit; and I question not but they will ripen very well; for Figgs have brought their Fruit to Perfection in much closer Places than the Doctor's Garden. Figgs have ripen'd very well in the Roll's Gardens in ChanceryLane. The White Thorn will likewise grow very well in the City. I believe the highest Tree of the Kind in England, is now growing in London, in a close Alley leading from Whitecross-street towards Bunhill Fields. And as this Sort of Plant is very early in its Shoots, it will make a pretty early Ornament in Squares. There are good Hedges of this Plant in the Charter-house Gardens, altho' surrounded with Houses. The Platanus, or Plane-Tree, likewise will do very well; and from the Largeness of its Leaf, will make a fine Figure. There are Trees of them now in the Church-yard at St. Dunstan's in the East, above forty Foot high, which bear ripe Fruit, even so good as to produce young Plants. The Horse Chesnut will likewise make a fine Appearance, with its beautiful Spikes of Flowers; and it gives an excellent Shade, and grows very quick. We have an Instance of this in the Master of the Temple's Garden, where there is little or no Sun. The Morello Cherry will live and thrive very well in London; and not only blossom, but bring Fruit to Perfection, in the most airy Parts of the City. The Almond should by no means be forgot, for its great Beauty, when it is in Flower, which comes very early in the Spring. 'Twill make a fine Appearance, and prosper very well in the open Parts of the City. The Curran also will grow very well in London, and will help to fill the Wilderness-Work of Squares. There is no Honey-suckle that will grow in the City, but one Sort, which comes from Archangel, which we call the Russian Honey-suckle, and will thrive very well in London, as I have experienced. I am almost perswaded, that the OliveTree would grow well in London; and I am credibly inform'd, that in the City of Exeter, Oranges and Myrtles grow there in the Gardens without Shelter; and the Firing of that City is chiefly Sea-Coal: But I shall have Occasion of saying something more on this Head in another Chapter. The Mezereon will likewise do very well; they thrive now in the Gardens at Bridewell. FOR the Edging of Borders in Squares, the Plant call'd Thrift, or Sea-Gillyflower, has been generally used, and with good Success. There are two or three Sorts of it; but the best is that which is call'd the Scarlet-Thrift. The Plant has Leaves like Grass, which grow in large Tufts, and in the flowering Season makes a very good Show, the whole Plant then being cover'd with Flowers. This Plant will last a good while, and is the best binding Edging you can use in London. In the Borders within this Edging, there will be room for several Sorts of Flowers, besides Annuals; and those are chiefly Lillies, which if they are of the white flowering Kind, will make a good Show in the Winter; for their Leaves are above Ground all that Time, and look very pleasant to the Eye; but for the Sake of Variety, at the flowering Season, let them be intermix'd with the Orange-Lilly, and five Sorts of Martagons, which makes a fine Show. But the Leaves of this last Sort does not appear above Ground till about March. There are striped Sorts of both these, which are much admired. For without flowering, they have as fine an Appearance as most Flowers that grow; the yellow and green Stripes of their Leaves are so gay. There is another Sort besides, which I have lately purchas'd from abroad, that has its Flower striped in scarlet and white, which blossoms very well, and is very beautiful. The Perennial Sun-flower is also another Plant that will thrive very well in the City Gardens, and will make a good Show in the Summer with its large yellow Flowers; and this blows higher than the Lillies, commonly about four or five Foot. The Sweet-William will also grow very well. They make a very good Appearance, and last in Flower a great while. There are the white, the striped red and white, and the deep red flowering Kinds. These blow about a Foot high. The Primrose-Tree is a Plant that makes a good Show, and will grow well in London. Its Flower-stalks will sometimes be near three Foot high, garnish'd from Top to Bottom with large yellow Flowers. In the next Place, we should have Regard to the Asters or Starworts, and especially the Italian Sort, whose Flowers are of a fine purple Colour, and blossoms in Autumn. The Virginia Sort is also a fair Flower, and makes a fine Show: And there is another Sort which flowers in October, and is call'd the October Flower, that also makes a good Appearance, and should be cultivated in London more than it is at present. The Lillies are, the White Lilly, the early Roman-Lilly, the Fiery or Flaming Lilly, and the Orange-Lilly. The Martagons are, the Common, the Pompony Martagon, the Imperial Martagon, White Martagon, the Scarlet Martagon. The Pompony Martagon is so great a Flower, that I have seen near threescore Blossoms upon one Stalk. The scarlet Lychness, both double and single, will stand well in London, and may be best planted in the Spring; but all the Sorts of Lillies and Martagons should be planted in Autumn. The Campanula and Canterbury Bell does very well, and Holy Oak will make a good Figure in the Squares and open Places. The French Honey-suckle will make a very beautiful Appearance, yielding fine Spikes of Flowers of a deep Peach-bloom Colour. Also the Dwarf-flag Iris comes very early with its bright blue Flowers, and makes as good an Appearance as any Flower I have yet mentioned. The Day-Lilly likewise grows very well even in close Places, where it makes a good Show, and flowers freely. The Monks-hood makes a very good Appearance with its Spikes of blue Flowers; and also the Lilly of the Valley does not only grow well, but blossom every Year. There is an Instance of it now in a close Place at the Back of Guildhall. For the further Imbellishment of these Places, we may also plant Colchicums, which make a fine Show in Autumn. The Everlasting Pea thrives and blossoms very well when it has stood a Year or two; but often transplanting it, hinders its flowering. The Fraxinella grows and flowers very well in Aldermanbury. The double Rose, Campion, Valerian, and double Featherfew, will all grow and flourish in the City, and should be planted in the Spring fresh out of the Gardens; for it is too commonly the Case that the Roots of these Plants either dry and perish, or are rotted by too long soaking in Water, if they have been any time in the Markets. I think I have now done with the Flowers that will remain good in the Ground all the Year about; I shall next speak of those which are bulbous rooted, and should be taken up from time to time. Pinks and Carnations will hold very well in London, in open Places, if they are taken care of in the Winter. But Stock July Flowers and WallFlowers will not last above a Summer in Town, as far as my Experience informs me; but I desire that may not hinder others from trying. There may be, for ought I know, some Means found out to preserve such Plants: But I will not pretend to teach more than I have experienced. The surest Way to have them do well, is to transplant them carefully, and suddenly, with good Balls of Earth about their Roots. Twopage schematic drawing of a park or square HAving now treated of such Evergreens, Trees for Shade, flowering Shrubs and Flowers proper to adorn a Square; I come next to the disposing of them in such a manner as will afford the best Appearance. The Part of the Draught, mark'd A, is a Grass Platt encompass'd with a Bed for Flowers; and in the middle of the Grass may be placed a Statue, or Urn, which will give a good Ornament: Between this Grass and the Border, should be a Water-Table about eighteen Inches, or two Foot wide, to be laid with red Sand, or Cockle-Shells, and the Border a a to be planted with Flowers, as follows. The durable Edging should be ScarletThrift, or Dutch-Box, if the Place be very open; and at four Inches distance from it in the Border, should be set Crocus of several Kinds; and here and there some of the Winter-Aconite, whose yellow Flowers will make an agreeable Show early in the Spring. Within these again, we may plant some of the great and small Stars of Bethlem or Ornithogalum, which with their Spikes of white Flowers will make a good Appearance. We may also put in some Hyacinths of the white and blue Sorts, which will blow well if they are taken up every Year, for else they will be so apt to increase in small Roots, that they will not blossom as they should do; and to crown the whole, we should plant some Tulips at proper Distances in the Lines, which will be very ornamental in the time of their Flower. But as the Gaiety of the Flowers I have named, will be over by the End of May; so we must take Care to provide something to succeed them, which may be Sweet-Williams, Italian Starwort, and the true Primrose; but I think Lillies are too high for this Bed: But then we have sufficient Amends made us for this Want, by the numberless Varieties of annual Flowers, which will garnish the Bed with Flowers of all Colours, till October. As for Example, among the Dwarf Kinds, there is the Annual-Stock, Venus Looking-Glass, Venus Navelwort, Candy-Tufts, small blue-Convolvulus, Flos-Adonis, Cyanus, Dutch-Poppy, Garden-Poppy, China-Pinks, Lupines, Nigilla Romana, Sweet-scented Peas, wing'd Peas, HeartEase, or Viola-Tricolor ; these being properly intermix'd, will afford a considerable Ornament to the Border I have mention'd; but that will depend upon the Person's Judgment that has the ordering and keeping of such a Plantation. But to conclude my Relation of this Bed of Flowers, it may be necessary to inform my Readers of the particular Beauties of the Annual Flowers I have mention'd, that they may guess at what is to be expected from a Border garnish'd, as I have directed. In the first Place, the Dwarf AnnualStock grows in little Tufts, well furnish'd with Flowers of a Peach-bloom Colour, and will hold about six Weeks. Venus Looking-Glass grows likewise in low Tufts, cover'd with deep blue Flowers, and lasts about six Weeks. Venus Navelwort is also a small tufted Plant, garnish'd with white Flowers, and lasts about six Weeks. Candy-Tufts are of two Sorts, only differing in the Colour of their Flowers; the one white, and the other red. The Plant grows in a little low Tuft, and brings likewise its Flowers in Tufts, and makes a good Show for six Weeks. Small blue Convolvolus spreads upon the Ground, and bears its Flowers at the Joints. They are shaped like a Bell; of a fine azure Colour, with a Mixture of white and yellow in the Middle. This Plant keeps blossoming above two Months. Flos-Adonis is a pretty Plant, with small cut Leaves; among which are placed its Flowers of a dazling red Colour. It lasts about two Months. Cyanus, or Bottle-Flower, is about a Foot high, bearing its Flowers on the Top, of various Colours, viz. white Flesh-colour, and of several Kinds of blue. They last above six Weeks. Dutch-Poppy grows in the manner of the Field-Poppy, but brings one of the most beautiful Flowers that can be imagin'd. They are commonly as double as a Rose of a rich Scarlet striped with white, as fine as a Carnation. The Garden-Poppy makes a larger Plant than the Dutch-Poppy, and brings very large Flowers, and very double; some Purple and White, some all Purple, others all White; some all Red, and some striped with White and Red. They make an extraordinary Show, but hardly last three Weeks. The China-Pink, or Indian-Pink, has only this in it, which seems to suffer it to grow in Places annoy'd with the Smoke of the Sea-Coal; and that is, because it blossoms the same Year that the Seed is sown; which our other Pinks or Carnations never do, no more than the SweetWilliam, which is of the same Family. These Indian-Pinks, indeed, do not only blossom the first Year, but will remain good in the Country two or three Years. Their Blossoms are of various Kinds with Regard to their Colours; so that they distinguish themselves in all the Course of Colours between White and Black, unless in the Yellow; for there are some which tend towards Blue very much, so deep is their Purple. I observe in Pinks and Carnations, the Red and White prevails most, and the Purple very rarely, but in some Cases only; but a strict Blue never, no more than a strict Yellow; tho' I have heard of a yellow Carnation, but never saw it. Now when any of these Carnations run to a plain Colour, they run to the deepest of their Colours, either the Red or the Purple, but never to the White, as I can find. The Lupine is of four or five Kinds, viz. that with the yellow Flower, the small blue Flower, the great blue Flower, and the red, and that with the white Flower. These all bear their Flowers on Spikes, and make agreeable Figures. 'Tis the Opinion of some, that the Yellow, which is most common, is most to be admired, because its Spikes of Flowers are well set with Blossoms, and those Blossoms are scented like Violets; but there are so many different Tastes, that I cannot judge which is the best. Some chuse a Blue rather than the Yellow; others love Flowers without any Scent, rather than those that have been much esteem'd for their fine Smell. The Nigila-Romana, or as some have it, the Devil in the Bush, is rather an odd Plant, than beautiful in its Flower; for the Blossom is of a very pale blue Colour, and is encompass'd with shagged Leaves, as if it was ty'd up in a Bunch of Fewel; however, one would not be without it for the sake of its strange Appearance. The sweet-scented Pea makes a beautiful Plant, having Spikes of Flowers of a red and blue Colour. The Scent is somewhat like Honey, and a little tending to the Orange-flower Smell. These blossom a long time. The wing'd Pea is a dwarf Plant, but makes a pretty Figure when it is in Flower. Its Blossoms are of a glaring red, and its Cods of Peas are furbelow'd on the Edges. It lasts in Beauty about two Months. Heart-Ease, or Viola-Tricolor, is a small Plant, which lies flat to the Ground, but its Flowers are very much to be admired for their beautiful Colours, which are commonly Yellow, Purple, and White; and sometimes otherways beautified. They last a good while in Flower, and will blossom almost at any Time of the Year, according to the Time of sowing them. Thus far I have given the Reader an Account of the Flowers, which may be used for the more open Borders in a London Square; but those Places might otherways be made Fountains of, and the Sight of such might perhaps please some People as much as the Sight of these little Parterres. Some large Basons of Water in such a Place might be useful, if any of the Neighbours should be disturb'd by Fire. But this depends upon those who will be at the Expence of beautifying such Squares. We next come to the manner of adorning the Borders under the Hedges, which bound the several Divisions of our Wilderness-Work. The Borders mark'd B B in the Draught, are those Borders which I mean. The Flowers for these Borders may be more tall than in the other Beds. Here we may have Lillies, either the Orange or white-flower'd Kinds; the Perennial Sun-flower, Tree Primrose, and SweetWilliams, and Martagons to blow at different Seasons, and the Roman-Lilly, Fleming-Lilly, the Edging of Thrift, and within that a Line of Crocus of the Yellow, and behind that a Line of the Purple Sort; some Ornithogalums, and some Tulips, or other Flowers mention'd for the Ornament of the other Beds. But among the durable Flowers, we should not omit the Starworts, which blow high, and make a good Show, with their purple and yellow Blossoms. As for Annuals, which blow tall, they are necessary to succeed the Flowers I have mention'd; the Great Convolvulus, the Scarlet-Bean, which are Twisters, the Great Purple Amaranth, the Annual Sunflower, if we please, the French Marygold, the African Marygold, Sweet-Sultan, Female-Balsams. These will do very well, if the Walks are open enough to allow them even the London Air with Freedom. The Flowers which are durable, and are here recommended, need not be described; but because every one may not perhaps judge of the Annual Sorts, I shall say a Word or two concerning their Beauties. The Great Convolvulus is a twisting Plant, and requires a Supporter. The Plant of it self does not make an extraordinary Figure, but the Blossoms, which are of a Bell-make, are large, and of a purple Colour. The Plant holds in Blossom a great while. The Scarlet Bean, so call'd from the Colour of its Flowers, makes a fine Appearance when it is in Blossom; the Spikes of Flowers are pretty long, and well set; and if they have Liberty, and a Support from their begining to grow, will hold flowering several Months. The Great Purple Amaranth, or Princes Feather, will make a large Plant, if it likes the Ground. Its Leaves are of a purple Colour, and its long Strings of Blossoms, which in some Places have measured two Foot in length, makes it as handsome a Plant as one would desire. It holds in Beauty several Months. The Annual Sun-flower is also a ramping Plant, but makes little better Show than the Perennial Sun-flower, only the Blossom of the Annual Sort is larger than the other; and the double-blossom'd Sort flowers a great while. The French Marygold will make an agreeable Mixture in these Borders, with its beautiful Velvet Flowers, intermix'd with yellow and red Colours. It flowers several Months, and is one of the most agreeable Annuals we have. In these open Places, it may be sown in the Spring, in order to make a large Plant; but my ingenious Friend and BrotherGardener, Mr. Benjamin Whitmill, sows them in Winter, that they may blossom in a narrow Compass the succeeding Summer, for the sake of those who have very little Room, and are desirous of Flowers. The African Marygold is also a fine Plant, and blossoms like the former for many Months. However, the Flowers of these are much larger than the French Marygold; but then they are only Yellow, without any Mixture of other Colour, which occasions the chief Beauty of the French Marygold. The Sweet-Sultan is of three or four Sorts; one kind has a purple Flower, another a white Flower, and the third has a yellow Flower; but this last is very scarce. The Smell of this Flower is like Musk; it lasts blossoming many Months. The Female-Balsams make very agreeable Plants, yielding Flowers, some of a purple Colour, some of a Peach-bloom Colour, and some white; and again some are mix'd with one of these Colours, and white. They last a long while in Flower. There are yet some other Flowers that would grow and thrive in such large Places as St. James's Square, Bloomsbury Square, Moorfields, or Lincoln's-Inn Fields, &c. as well as in the Temple Garden, and other Gardens in London and Westminster; but these are enough at present. I shall therefore now proceed to treat of the other proper Embellishments for a Square; that is, the Trees for Shade, the Ever-greens, and flowering Shrubs. And first, of those which will do best for Hedges, to divide the Quarters. The Plants proper for Hedges in this Case, are either Limes or Elms; and of the latter, either the Dutch or English Elm will do well; and the Hawthorn or Whitethorn, which makes good Hedges in the Charter-house Wilderness. The Ever-greens, which I have mention'd, do not thrive so well with much Cutting, as they will do otherwise; for the smoky Air of the Town seems to have a very considerable Effect upon them, when they are prun'd; tho' it is still convenient to prune off the dead Wood when we find it. We must consider, that in Nature there is no such thing as Pruning; and when a Tree is under the Power of the London Smoke, which is not so free and open, nor so healthful to it as the Country Air, it has enough to do to support Life; and it would therefore do it a double Injury to wound it with the Knife, when it wanted convenient Help to heal its Wounds, and was but low in Health; tho' it might bear with worse Treatment, if it enjoy'd its natural Station, where every thing was ready for its Support and Preservation. Some learned Men say, that whatever can be made agreeable to a sick Man, will help his Cure, or contribute to his Health; but whatever is the contrary, encreases his Distemper, and might even cause his Death: And sure nothing could be more tending to his Detriment, than wounding him when his Body was already weak and low? But the Cutting off a Limb would surely give so great a Change in the Circulation of Juices, that a sick Man could not bear; and a Person in the best State of Health could hardly endure. But I am gone far enough upon this Head at present. In a Word, 'tis not every Tree that will grow in London, that will bear Pruning. To fill up the Ground within the Quarters, I recommend to plant the tallest Sort of Trees in the Middle of each Quarter, and so to let them decrease in their Stature till we come to the Hedge Sides that enclosure them; and all these Plants should be so order'd, that an equal Quantity of Ever-greens should be planted with the rest, because of the Winter Prospect. The Part of the Quarters which I mean, are mark'd C C C, in which all the Ever-greens I have mention'd, should have their Place to shoot freely in their own Way; and as for the other Plants which are to accompany them, I think they should chiefly consist of the White Thorn, Curran, Almond, Pears kept in a Dwarf Manner, Apples in the same Way, and the flowering Shrubs; and of these it is chiefly that I speak, when I would furnish the Insides of the Quarters; for those Trees which are apt to rise higher, and become greater in Bulk, would too soon incumber the Prospect; and 'tis enough therefore, that what we plant here rise two, three or four Foot above the Hedges. But then towards the Center, the middle Walk D D D about it, may be planted with Horse-Chesnuts, which will grow regular, and rise above the rest of the Wilderness-Plants; and between the Stems of these Trees, the Quarters of Wilderness-Work would be look'd into, and yield a new Variety of Prospect, which I think should be study'd in every Garden; for the more Change there is in a Garden, the more it is to be admired, in my Opinion. From the inner Row to the Center E, should be a Mount, cover'd with Trees very close set together; and upon this the Elm, the Lime, and others of the tallest Growth, should be put. But by no Means on the Outside of such a Square, should be planted any Trees that rise higher than the Wall or Pale-side, because they will break the Prospect of the whole Design; which should by no Means be interrupted next to the Houses, by which the whole is to be maintained. It may be objected perhaps, that at the first Planting of tall growing Trees on the Outside, they will not much hinder the Prospect; but we must then consider, that they are planted to grow large, and when they come to the desired Perfection, they must stand in our Way, and resist our Sight, and so rob the Gentlemen of that View which they have by their Expence endeavour'd to gain. But I shall not say much more upon this Head, only that we may remark, that large Pieces of Ground, such as are in the Squares I have mention'd, may be put into such Order, as will contribute to the Pleasure and Happiness of those Gentlemen who have Habitations in them. And I have heard a learned Man say, that where there was the greatest Opportunity of recreating the Spirits, the Mind was improved by that Opportunity; and that a Mind so improv'd, found always the nearest Way to do Business, and fill the Purse. For as he tells me in the same Letter, a Mind distracted, or confin'd, is like base Money, that does not only want a Currency in a Place, but must be nail'd down, to prevent any Inconvenience its Progress might occasion to the Publick: And so, as I have observ'd before, that most People love a Country Prospect, and are even pleased with the most narrow View of it, I conceive the adorning the Squares in the Rural Manner I propose, will contribute much to the Ease of those, who by their being Great and Noble, are Inhabitants of such Places. IF we begin at Westminster, and come towards the City, we must first survey that Garden which belongs to the Right Honourable the Earl of Halifax, near the Parliament-House. We find there not only many Plants that I have mention'd, but many others, which will not do so well in Squares, which are situate in the Middle of the Town. After this, to come to Whitehall, the late Mr. Heymen's had several Pots of Flowers, both Auriculas and Carnations, which blossom'd very well, as has been related to me. The Garden at Somerset-house had also been observ'd to produce several Varieties of Things, which the more Inland Parts of the Town have not generally been garnish'd with. And the Temple Gardens have afforded many Varieties of Plants; even Wallflowers, Stocks and Carnations have grown there, and a good Number of Exotick Plants. These Places indeed lie all to the Water, and to the Sun, so that they are open on one Side to the Air; and perhaps the constant rising Vapour from the River, helps the Plants against the poisonous Quality in the City Smoke. Now we must consider, that in Places in London, where every Part is encompass'd with Smoke, and the Air is suffocated, or wants its true Freedom; Plants, which generally are used to the open Air, will not be always so healthful: and therefore I have now made it my Business to consult what Plants will live even in the worst Air of Chimneys, and the most pent up Air that we know. In my Chapter of Adorning of Squares, I have already said, that most of the hot-bed Annuals will grow well, and so will several Sorts of bulbose Roots, as the Crocus, Hyacinth, and some others, even to last some Years, if they are planted in due Time, and taken up at a proper Season. So the Lylac, Vine, Mulberry, Curran, Sun-flowers, and most of what I have named, will grow very well, if they have a right Care taken of them; but I commonly find that those Persons, who chiefly delight in adorning their Balconies, and other convenient Parts of their Habitations, with Greens or Flowers, have so little Knowledge of the Matter, that they too frequently lay out their Money upon those Things which will not afford them half so much Pleasure as a Nosegay, or common Bason of Flowers. For when Plants are brought to Market in Flower, such as Tulips, Hyacinths, Narcissus, and Roots of these Kinds, they may be subject to two Inconveniences; either they become faint by being taken out of the Ground when they begin to flower, and so will not last half their Time, or else they are brought from some very clean Air into our thick Air, which Change will never agree with them. I have heard that in some Parts in England, which are very watry, the People that are born there, are healthful, and live to great Ages; but if those who are born and bred in high Places of clean Air, come to inhabit those watry Countries, they soon begin to decline, and die in a short time; and this Case may explain to us, that Plants, which are brought to London from a very clean Air, will not thrive with us, or near so well as those that have been trained up within the Smoke of the Town. And besides, as I hinted before, the moving them at wrong Times of the Year, is the Occasion that many have been disappointed. But from my own Experience, I shall put this into a better Light, that those curious Persons in London, who delight in Gardening, may not be imposed upon in buying such Roots as can neither make any good Show for the Time their Flowers remain, nor will live till the second; so that the Money laid out after this Manner is lost, and a common BoughPot will make a better Appearance, and last longer ornamental. The Method therefore which should be taken to prevent this Mischief, should be to buy the Roots of each Sort when they are dry, and plant them about the End of September, or in October, in fine Earth; and they will blow strong and well the following Spring, and remain four times as long in Blossom, as any of those Roots that are brought to Market in Flower. When these have done blowing, and the Stalks begins to grow dry, we should take the Roots out of the Ground; and when they are dry'd, put them in Papers, and keep them, till the Planting Season, in some dry Place. Now as most of these Roots, when we take them up, will have some small Roots or Off-sets joining to them, we must take care that such young Roots be taken from the old ones, for else they would hinder the old Roots from blowing the second Year; and besides, it would be necessary, in close Places especially, to have fresh Earth every Year for them; for the Earth that has been used a Year, has its Surface too much impregnated with the London Soot, to keep the Roots in Health: And besides, the little Quantity of Earth which can be contain'd in Cases, Pots and Tubs, has its Strength soon exhausted, and would want a little refreshing now and then, even if they were to be always in the Country. A very curious Gentleman, Mr. Trowel, of the Temple, told me, that he once, at his Country-Seat, strew'd a little Soot upon the Surface of the Ground, about some Tulips he had growing, and that all the Roots which he had treated in that Manner perish'd; which may shew us the Necessity of refreshing from Time to Time, the Earth in the Boxes, Cases, or Borders, which stand too much in the way of the sooty London Smoke. We must observe in the planting these bulbous Roots, that we plant the roundest and largest by themselves, for they are surely Blowers, but the flat and long Roots will not blow till the Season following. With this Way of Management, I doubt not but our London Gardens, however small they are, will be ornamental from Year to Year, without the common Loss which now generally attends many of them; and in little Compass, there may be a very agreeable Variety, beyond what there has been, occasion'd, as I conceive, for the want of Knowledge in the Art. But to prevent any Hazard or Trouble, it is generally thought the surest Way to purchase fresh Roots from Year to Year, which may be had at a very cheap Rate. THIS Part of City Gardening depends upon more Skill than all the rest; for here we have little Liberty of Air; and it has been thought difficult to provide such Plants as would barely live in such Places: And also it has been judged impossible, that any Plant should last there in Health for any Time. Now therefore, to remedy this Defect, I shall from Experience give the Names of such Plants as will grow and prosper in the closest Parts of London, viz. These will remain good a long Time, if they are well taken Care of; and to them we may join many Sorts of Annual Flowers, as French Marygold, African Marygolds, Annual Sunflower, &c. As a farther Ornament to such Places, we may add such Plants and Flowers as will make a good Summer Show; and these are the French Honeysuckle, Pinks, Daisies of various Kinds, Double-Stocks, Scarlet Lichness, Wall-flowers, DoubleRockets, and Pots of breeding Tulips, which will blow much better than the striped Sorts. All these must be had in Pots fresh from the Garden, just as they begin to blow. There are other Plants which would likewise stand in such Places, but that depends upon the Largeness and Situation of the Places they are to be planted in; but I shall be ready at any Time to advise what will do, if I am consulted. I have mention'd before, that the Lylacs will grow well in Squares and open Places; but they will also make a very good Show in the closest Parts of the Town, as may be observed in TavernYards, and the most narrow Alleys and small Courts in and about the City. The Bladder Senna I have seen grow well in a Court in Crutched Fryers. The Figg grows very well in some close Places about Bridewell, altho' encompass'd with Houses on every Side, which are so high, that the Sun never reaches them in Winter. These Figg-trees are about fifteen Foot high, and are Green from near the Ground to the Top; for which Reason, I wonder it has not not been more generally propagated in the City Gardens; especially since they will not only thrive well in London, but bear good Fruit too, if they are well pruned. I suppose one Reason why this Plant has been neglected is, because the Pruning of the Figg has been but little understood; but since the new Way of Pruning has been put in Practice, I have my self had two Crops of Figgs ripen upon a Tree in one Year. And by this Pruning, there is now a good Prospect of Figgs this Year, at the Reverend Dr. Bennett's Garden at Cripplegate; and near the same Place, there are now large Figg-Trees growing well, tho' they have very little Air. The Mulberry will grow very well in the closest Courts or Alleys in London. There are now two large Mulberry-Trees growing in a little Yard, about sixteen Foot square, at Sam's Coffee-house in Ludgate-street. There are two likewise, at the Hall belonging to the Worshipful Company of Clothworkers, which have stood there many Years, and bear plentifully, and ripen very well. These may be either planted in Tubs or Cases, and treated as Standards, or nail'd against Walls. The Creeper of Virginia is a Plant well known to grow in the closest Places in the City, even where there is no Sun at all; and if they are fresh taken out of the Garden, and are healthful Plants, they will make Shoots of six or eight Foot long the first Year: And for the Good of their future Growth, they should be prun'd and nail'd at Autumn; for when the Top Shoots are suffer'd to hang down, so as to cover the under Shoots, such under Shoots are apt to die, and the Plant becomes thin; and then again the Pruning at this Season, encourages the rest of the Plant to shoot strong in the Spring, and make large Leaves. This Plant is likewise excellent for the Ornament of Balconies and Windows, and will grow so well in Pots or Cases, that it will soon cover the Walls, and shade the Windows, if they lie exposed to the Sun. I need not refer to any particular Place, where this may be observ'd, since there is hardly a Street, Court, or Alley in London, without some Examples of what I relate of it. The Vine will not only grow well in close Places, but likewise bear Fruit too where there is very little Sun. At the Rose-Tavern without Temple bar, there is a Vine that covers an Arbour, where the Sun very rarely comes, and has had ripe Grapes upon it; and at a Coffee-house next to Grey's-Inn-Gate, there is now a Vine which grows very well in a small Pot, tho' it is constantly kept in a close Room; this Year it was full of Leaves before Christmas. The Common Privet will make a good Show in very close Places, if it is taken fresh from the Garden, and proper Care taken to water and prune it as it requires; for the watering Part there is no certain Times prescribed for doing it, nor can the Quantity of Water for it be exactly calculated, because some Plants are large, some small; the Pots or Cases, as they are larger and smaller, require more or less; and also some Places will hold the Earth longer moist than others. But this must be left to the Judgment of every one, and must be practised as Occasion represents, which a little Use will teach us. It will be necessary now and then, for the Welfare of this, and all other cased Plants, to stir and loosen the Earth on the Tops of the Pots or Cases, which otherwise would be apt to bind and grow hard, to the hindrance of the Plants Growth. So likewise we should from Time to Time add a little fresh Earth to our Pots, by which Means the Plants will become more vigorous. At Bridewell, some Places near Guildhall, and at Aldermanbury, there are Instances of this Plant's good Thriving, even so much as to cover Walls six or eight Foot high. This is best prun'd in Winter. We have Instances enough that Angelica will thrive very well, and make an handsome Plant in the closest and most smoaky Parts of the City; and I have lately seen Hops growing very vigorously in a close Alley near Whitecross Street, which I am told bears Hops every Year. The Lilly, Martegon, and Perennial Sun-Flower, I have describ'd elsewhere: But I may add thus much, that if we were to plant of all their forts, there might be a Succession of their Flowers for near three Months, for the different Sorts blow at different Times; and we find by Experience that they will live and thrive well in very close Places, even in the Heart of the City, and will last several Years. John Tradescant's Starwort, which I have mention'd before, grows likewise very well in the closest Places, and will thrive well in Pots, if it be discreetly managed, and make a good Show. Currans conform themselves well to the City Smoak. There are many Instances of their growing well in close Places, such as Tavern-Yards, and even upon Leads on the Top of Houses amidst the Chimneys; they may be either kept in Pots or Cases, giving them gentle Waterings when necessary, and not too much or too little at one Time, which sometimes injures the Plants; or after a great Drought to give them abundance at one Time, may occasion their Death: In such a Case, their Waterings should be moderate, and often repeated to recover them; for 'tis with Plants as with Animals that have fasted a long Time, their Food must be dispens'd to them by gentle Degrees, and not too much at one Time, for fear of surfeiting them. This Management relates to all sorts of Plants that require Water. The Elder will make a good Addition to the Ornament of our close Gardens; and I am of Opinion might bear Fruit in such open Places, as the Squares I mention, for it thrives well where no Sun can come at it, and is very closely encompass'd with Houses; there are four Sorts of it, viz. that with the black Berries, the white berry'd Elder, the striped leav'd Elder, and the Parsley leav'd Elder; every one of which make very handsome Plants. The Guildrose has likewise been experience'd to grow well in very close Places, and remain a long Time. As for Annual Flowers, such as French Marygolds, African Marygolds, and Annual Sun-flowers, I have given a Description of them before; they will do very well in the closest Places, to be planted just before they blow. I may add likewise that Daisies, which are brought fresh out of the Garden in Flower will make a good Show a long while; and that Crocus's, if the Roots are planted fresh every Autumn, will blossom very well, tho' the Winter Sun does not reach them. I shall now proceed to the adorning Balconies in large Streets, which I account the Medium between the most airy Places, and the closest Parts of the City. THAT we may begin early in the Spring to have a pleasant Idea of Gardening, and the Delights of the Country, I think it necessary to observe, that the Crocus, the Dwarf-flag Iris, Breeding Tulips, Lillies, Martagons, may be planted at Autumn, so as to make a beautiful Spring Appearance, especially where there are Cases or Borders of Earth. The Ever-greens which may accompany them, and last the best, are the Bay, Standard Ivy, Dutch and English Box, Italian Ever-green Privet ; and for flowering Shrubs, the Lalac, Guilderose, and Jessamines , where there is Sun, will blow very well, as will likewise all those Flowers and Plants in Pots, which I have mention'd for the Ornament of close Places. The Flowers which may be brought in to such Places, a little before their Blossom, in order to succeed those that are past their flowering, may be Polyanthos, Auriculas, Wall-flowers, Double Stocks, Double Rockets, Pinks, Sweet Williams, Province Rose, Carnations, French Hony-suckles, Double Scarlet Lychness. But for one of the most lasting Beauties in this Branch of Gardening, I would recommend Apple-Trees, grassed upon Paradise Stocks, in Pots, which will, where there is any tolerable Sun and Air, prosper very well if they are brought from the Gardens in Flowers. I have known some Trees of this sort which have born successively for five Years, without changing their Place, as may be now observed at the Record Office in the Tower of London, by the Management of Mr. Holmes; and in more close Places, I have known some of these Trees which have born three Years successively, by only lodging them, towards Winter, in the Country, and bringing them back again to London when in Bloom. We might still add to the Ornaments for Balconies, young Oranges and Mirtles, which would yield a pleasing Variety, and thrive very well; but those Orange-Trees that are grassed, and will blossom and bear Fruit, will do much better in Chambers, tho' in the Summer Time, than stand out of Doors, tho' there are Instances of the latter in London. There is hardly any Annual which is mentioned for the Squares that will not make some Show in such Balconies where the Sun and Air is free, so that we are at little Loss for Ornaments for such Places; and as Water in London may be generally brought as high as a Balcony, it might be ordered so as to play now and then in a little Stream, or Jett in some Figure, or Piece of Rock Work, proportion'd to the Bigness of the Balcony or Leads where we have our Garden. There has been a long Time a Fountain in the Manner I speak of at a Plummer's the upper End of the Hay Market, near Piccadilly; or if such a Figure should not be agreeable, a Model might be made from some of the Waterworks in Versailles Gardens, to be fixed at Pleasure to the Water-Pipe, and changed for others if we saw convenient. To the Plants I have mention'd, we may add many sorts of Aloes, which will do very well in London; and also some of those strange Plants call'd Torch-Thistles, and also some sorts of the Fig Marygolds on Ficoides. Mr. Jobber, a very curious Gentleman, in Norfolk-Street, has cultivated several Sorts of them with good Success, and preserv'd them well in Winter, as well as Summer, the Aloes especially, which should have no Water from Michaelmas till May; and in a much closer Place than this, i. e. Aldermanbury, Mr. Smith an Apothecary has a very good Collection of these succulent or juicy Plants, which he has kept for many Years. The Aloes are so surprizingly different from the other Plants of the Garden, that I judge they will contribute very much to the Decoration and Beauty of such Places as I am now treating of; for besides the strange Form and Manner of their Growth, their Leaves are in some Sorts spotted with White, edged with Thorns, others with their Leaves curl'd like Rams Horns; and again, others have their Leaves smooth on the Edges, and cover'd with white Knobs, like Pearls; but it is almost impossible to express all their Beauties: I have now about thirty Sorts differing very much from one another. But where there is not the Conveniency of a Balcony, the Chambers of a House may have their Ornaments, which may last well for a considerable Time, especially while Fires are not in use. The Chimneys which are generally dress'd in Summer with fading Bough Pots, might be as well adorn'd at once with living Plants, as I have observ'd at her Grace's the late excellent Dutchess of Beaufort. If one was to have a Pyramid of Shelves to be covered with Pots of blossoming Orange-Trees, with Fruit upon them, intermixt with Mirtles, Aloes, &c. for Variety-sake, it would be extremely beautiful for the Summer; and the Pots, to add the greater Beauty, might be of Delph Ware, or well painted, to stand in Dishes, which are now in Use; so that when we water the Plants, the Water will not run upon the Floor. The Orange-Trees may be brought to such Places, either to be set in Chimneys, or in the Windows, when they are in Flower, and remain till August, and then be sent back; the Garden to be taken Care of for the Winter at the usual Price. Box or Privet to be train'd up in a Fan Fashion, will do very well in Chimneys for a Summer, if they are now and then set abroad at Night, and in Showers of Rain, and are regularly water'd; and with these we may also place white Lillies taken up in Bunches, just as they are coming into Flower, and potted they will make a good Show, and will last beautiful a long Time, and perfume the House almost as well as a Tuberose. So likewise for Change we may set Pots of Campenulas, which last in flower a long Time, and make a fine Appearance with their long Spikes of blue Flowers, and yield a grateful Scent: But all these Things may be vary'd according to the Fancy of the Persons who delight in such Ornaments. The Aloes and Torch-Thistles, tho' yet little known in London, add an extraordinary Gaiety to those Plants I have mention'd for Chimneys, and require very little Care, as I find from those Gentlemen in London, who have purchas'd them of me. To further this Variety, if we have Convenience of a Place to set Pots abroad, or without Doors, we may have most of the Annual Flowers to interchange from Time to Time, as it may be judg'd proper. Perhaps many that have Gardens in London are acquainted but with few Sorts of the Plants or Flowers, that I have set down for beautifying the City Gardens; their best Way therefore to be inform'd will be to view the Gardens at Hoxton, and other Places near the Town, where they may see all the Variety of Flowers that blow in the Spring, Summer, and Autumn Seasons; and then consult with the Gardener about those they like best, especially which should be planted at Autumn, and which in the Spring. The next Thing to be consider'd is to have a Gardener of Judgment to manage a City Garden; for a Gardener that has been bred in the Country, and has not had Practice about the Town, knows little more of managing a Garden in London than one that is bred to Plow and Cart. There are many ignorant Pretenders, who call at Houses where they know there is any Ground, let it be in Season or out of Season, and tell the Owners it is a good Time to dress and make up their Gardens; and often impose on them that employ them, by telling them every Thing will do, when perhaps it is a wrong Season; for most sorts of Things they plant, and even few sorts of those Plants they recommend, will grow, tho' they were to be planted in a right Season. This is a great Discouragement, which makes those Persons, who delight a little in a Garden, neglect doing any Thing at all, thinking all their Labour and Cost thrown away. Another Disappointment these Lovers of Gardens meet with, is from the Markets; for most of those People who sell the Trees and Plants in Stocks and other Markets, are Fruiterers, who understand no more of Gardening than a Gardener does the making up the Compound Medicines of an Apothecary. They often tell us the Plants will prosper, when there is no Reason or Hopes of their growing at all; for I and others have seen Plants that were to be sold in the Markets, that were as uncertain of Growth as a Piece of Noah's Ark would be, had we it here to plant; but when such Plants are bought at the Gardens where they were raised, there can be no Deceit, without the Gardener who sold them loses his Character. But as I suppose this chiefly happens through the Ignorance of the Higglers in Plants, so it is reasonable to judge that bred Gardeners, who have study'd the Art, are the most proper Persons to be apply'd to in Gardening Affairs, rather than trust to those who have never had an Opportunity of knowing what a Garden is: For my part, notwithstanding I have been about Forty Years in the Business of Gardening, I find the Art so mysterious, that the whole Life of a Man may be employ'd in it, without gaining a true Knowledge of every Thing necessary to be done. But this Mischief is no new Thing among us, as we find plainly in the Preamble to the Charter granted by King James the First, for establishing a Corporation and Company of London Gardeners, which then had a good Effect; but afterwards being somewhat neglected, King Charles, by Proclamation, order'd the said Charter to be put in Force in order to suppress those Dealers in Plants, which imposed upon his Subjects, by selling them unwarrantable Goods. Some People, perhaps, may be so illnatur'd to think that I write this to hinder them of their Business; but those who know me are very sensible I am rather for promoting than discouraging those Men of the Trade who are fair Dealers; nor can it be out of Self-Interest that I publish this, seeing already I have a Share of the Gardening Business: Therefore I desire all that read it will have the same View I have in writing of it, which is purely for the publick Service. Tho' I have confin'd my self in these Papers, to the Management or Ordering of City Gardening only, yet it is not to be understood that my Practice is alone confined to that. The many Experiments I am now making in my Gardens, for the Improvement of all sorts of Fruits, Flowers, and Trees, at the Request of several Gentlemen in the Country, who are my Customers; were I here to insert an Account of them, would make a Work much larger than I design at this Time; or indeed would it be very proper to joyn with my present Subject; but it is likely I may find Time to offer these and some other Experiments to the Publick hereafter, for the further Confirmation of the Generation of Plants, and the Circulation of Sap.

Miscellaneous

THE City GARDENER.

The city gardener [...]

MscA1730

AS Buggs have been known to be in England above sixty Years, and every Season increasing so upon us, as to become terrible to almost every Inhabitant in and about this Metropolis, it were greatly to be wished that some more learned Person than my self, studious for the Good of Human Kind, and the Improvement of natural Knowledge, would have oblig'd the Town with some Treatise, Discourse or Lecture on that nauseous venomous Insect. But as none such have attempted it, and I have ever since my return from America made their destruction my Profession, and was at first much baffled in my Attempts for want, (as I then believ'd, and have since found) of truly knowing the Nature of those intolerable Vermin: I determin'd by all means possible to try if I could discover and find out as much of their Nature, Feeding and Breeding, as might be conducive to my being better able to destroy them. And tho' in attempting it I must own I had a View at private Gain, as well as the publick Good; yet I hope my Design will appear laudable, and the Event answer both Ends. The late Learned and truly Valuable Dr. Woodward, to whom I first communicated my Intent, not only approv'd the Design, but also the Methods which, I told him, I design'd to pursue, to attain the desired Effects: and at the same time was so good to give me some useful Hints and Instructions, the better to accomplish an Affair, which he said 'twas his Opinion would be a general Good. Not to make this Acknowledgement of his kind Assistance, would be Ingratitude to my dear deceas'd Friend. As I had his Approbation at the beginning, had he but liv'd till now, I doubt not but the Discoveries I have made would have appear'd so considerable and useful, as might have entitled me to his farther Friendship and Assistance, in methodizing this Treatise for Publication. But depriv'd of him, my first and greatest Encourager, I have ventur'd to let it appear in the best Dress my Capacity will admit. Should the Stile and my Manner of handling the Subject to be treated of, appear uncouth and displease, I hope the Usefulness of it to the Publick will make some amends for that Defect. In treating on these Insects, some part of the Discourse may perhaps at first View appear surprizing, if not incredible to the Readers: But by giving them an account how I attain'd my Knowledge, and by often reiterated Experiments prov'd them to be certain Facts, they will soon alter their Opinion; and the whole, I hope, will not only be acceptable, diverting and instructive to the Readers, but also of universal Benefit to the Inhabitants in and about London and Westminster. This Treatise being on a Subject as much wanted as any whatever, and the Pains and Trouble I have taken to arrive at my Knowledge herein, having been uncommon; it may be expected by the Curious, that I should give some of the Reasons that first induced me to undertake a Discovery so very difficult to appearance. It may not therefore be unnecessary to acquaint such, that in the Year 1726, my Affairs requiring my going to the West-Indies, I had not been long there arrived, before, (the Climate not agreeing with my Constitution) I fell sick, had a Complication of the Country Distempers, lost the Use of my Limbs, and was given over by the best Physicians at Kingstown in Jamaica. But, contrary to their Expectation, recovering a little, they advis'd me to stay no longer in a Country, so prejudicial and dangerous to me, than till I could get Shipping for England; and in the mean time desired that as often as I was able, I would ride out for the Benefit of the Air; which as soon as I had Strength enough, I did. In one of my Journeys meeting with an uncommon Negro, the Hair or (rather) Wooll on his Head, Beard, and Breast being as white as Snow, I stopt my Horse to look on him; and he coming, as their way is, to beg a little Tobacco, I gave it, and enquir'd if he had been always so white-hair'd. He answer'd, no; but Age had made him so. Observing that he moved briskly, had no Wrinkles, and all his Teeth, I told him I could not believe him to be very old, at the same time desiring to know this Age. His Answer was, he knew not himself; but this he knew, that he was one of the first Slaves brought into that Island, after the English had taken it in Oliver Cromwell's time, and was then a great Boy. By this account I judged, and might reasonably suppose him upwards of ninety Years of Age. Whilst we were in discourse, he perceiving me often rub and scratch, where my Face and Eyes were much swelled with Bugg-Bites, asked if Chintses, (so Buggs are by Negroes and some others there calles) had bit me? On my answering yes; he said, he wonder'd white Men should let them bite; they should do something to kill them, as he did. This unexpected Expression excited in me a Curiosity to have farther Discourse with him; and on my telling him, that for my part I should be extreme glad to know how to destroy those Disturbers of my Rest, and that if he would tell me how, I would give him some more Tobacco and a Bit, (a Piece of Spanish Money, there current at Seven-pence Half-Penny:) On this he agreed to give me a Calibash full of Liquor, which he said would certainly do it, following the Directions he gave me. Possess'd of this, well pleas'd I went home, and tho' much fatigued, I could not forbear using some of it before I went to sleep; and to my surprize, the instant I applied it, vast Numbers did, (as he had told me they would) come out of their Holes, and die before my face. These I swept up, threw away, and went to Bed, and had much better Rest than usual, not being Buggbit then, as I always was before. But what added to my Satisfaction, and further surpriz'd me, was, that when I got up I found many more had come out in the Night and were dead. On this, I conceiv'd so great an Opinion of the Goodness and Usefulness of this Liquor, that I was resolved to endeavour, and if possible to prevail on him to teach me how to make it; well knowing so valuable a Secret was much wanted, and would be highly useful, if I lived to return to England. In order to obtain it, I got some English Beef, Pork, Biscuit and Beer, and some Tobacco, believing those sooner than Money or any other thing would procure from the Negro, what I so much wanted and desired. The next day early I went, and finding my Negro in his Hutt, I asked if he could dress me some Victuals. On his replying, yes, if he had it; I open'd my Store-Bags, took out one Piece of Beef, some Biscuits and a Bottle of Beer, taking care at the same time he should see the rest. We eat a Biscuit, drank some Beer, and to dressing the Beef with some Yams out of his Plantation, he eagerly went: all Negroes being greedy of Flesh, when they can come at it; some of them not eating any for many Years together, but live altogether on the Produce of the Earth. Whilst he was intent on Cooking and in a good Humour, I took the Opportunity of telling him, I had used and so well approved of his Liquor, that if he would learn me how to make it, all the Victuals and Tobacco in the Bags, and what Liquor we did not drink whilst I staid, I would give to him, as a Recompence for the Favour. At first he refused, believing me (as I found by his discourse) to be a Creolian, whom the Negroes in general hate; but upon my convincing him I was an Englishman, and returning home, the good Chear prevail'd. After eating together, into the Woods and Savannahs we went, to gather such of the Materials as grew not on his Plantation, or that he had not by him; and returning to his Hutt, to making the Liquor he went. I remark'd well, and set down the Names, Quantities, and his way of making and mixing the Composition; which being done, all the Bottles we emptied of Beer were fill'd with the Liquor; with which I return'd to Kingstown, being as well pleas'd with my Discovery, as the Negro was with my Presents. Having thus obtain'd my most material Point, I could not yet forbear going every time I rode out, to see and discourse my Negro, and never went empty-handed, being desirous to try if I could discover any thing further from him or of him, and how he attain'd the great Knowledge I found he had in the medicinal Virtues of Roots, Plants, &c. He inform'd me, that during about fifty Years that he was a Slave (in which time six of his Masters had died) he oft wish'd for Death, and sought no means to preserve Life, and was then so infirm, as to be thought by his seventh Master to be past labour; and having been a good and faithful Slave, his said Master gave him his Freedom, and the piece of Ground I found him upon, to live on. That Liberty having render'd Life more agreeable to him, he then studied all means to preserve it, and having some knowledge of things proper to preserve as well as support him, he had ever since planted, &c., in his Plantation, things proper for Physick as well as Food. And indeed his Ground might be called a Physick-Garden, rather than a Provision-Plantation; for of the latter he only raised enough to support himself, of the former to supply others as well as himself, and frequently made Medicines for his sick Acquaintance and others with success. This Account I had of him from many, as well as from himself; which made me entertain so good an opinion of his Skill and Fidelity, that I ventur'd to take a Medicine made by him, by the use of which I found great Benefit in the restoring me to the Use of my Limbs. 'Twas owing to his Skill that he had thus preserv'd himself to so great an Age; and 'tis my Opinion, he had attain'd to a greater knowledge of the physical Use of the Vegetables of that Country, than any illiterate Person ever had done before him. Believing some of the Materials not to be had in Europe, I procured of him a quantity, and soon after returned to England. On my arrival at London in August 1727, I made some Liquor to compare with his, (which I found exactly the same) whereupon I set about destroying of Buggs, and found to my Satisfaction, that wherever I apply'd it, it brought out and kill'd 'em all. At length I advertis'd, had great business, and pleased every body, then apprehending no return of the Vermin. But yet, to my surprize, tho' I had kill'd all the old ones, young ones sometimes, in some places, would appear. To my Liquor's being then so strong and oleous, that I durst not venture to liquor the Furniture for fear of damaging it, I at first attributed the coming of those young Buggs. Whereupon I studied to find an Allay for that Quality; which at length, after many Experiments, and with much difficulty, I found out, and to such a perfection, that I can and do with safety liquor the richest of Furniture, as well as the Woodwork of Beds; and tho' the staining Quality be taken off, the valuable attractive and destructive parts of the Composition still retain their full Virtue. Having gain'd this great Point, I then went on briskly, and destroy'd Buggs and Nits in all Beds and Furniture wherever I came: But yet Young Ones from behind Wainscot and out of Walls would sometimes afterwards appear, get to the Beds for better quarters and food, and become troublesome. This much perplex'd me; but these unforeseen and then unknown Difficulties, which might have discouraged a less enterprizing Genius, prompted me the more to find the Cause and Means to overcome them; which I conjectur'd might best be done, by finding their Nature and Method of Breeding, Feeding, &c. In order to it, I enquir'd of many Booksellers, if any Book concerning them had ever been published; but finding none, I then made it my business to discourse as many learned, curious, and antient Men as I possibly could, concerning them; but all that ever I could gather from either, was the following Account, how and when they were first known to be brought and to breed in England. Viz. "That soon after the Fire of London, in some of the new-built Houses they were observ'd to appear, and were never noted to have been seen in the old, tho' they were then so few, as to be little taken notice of; yet as they were only seen in Firr-Timber, 'twas conjectur'd they were then first brought to England in them; of which most of the new Houses were partly built, instead of the good Oak destroy'd in the old." In the above Account of their first coming, Esquire Pitfield and Mr. White, a Chymist, Men of great Probity and Curiosity, agreed. And as the Sap of Deal is one of their beloved Foods, this probably might be the first way they were brought. How they are still brought, I shall speak to more fully hereafter, in my Instructions to avoid them. Finding no satisfactory Account of their Nature, Breeding, and Feeding, to be come at from others, I was resolved assiduously to set about and try all possible ways to attain it myself. My first Step was to purchase and try Microscopes, and all such Helps as could be got, and to devise such others as might contribute thereto; by which I am enabled to give you the following Descriptions of Buggs &c. which the better to illustrate, is annexed from a CopperPlate, curiously engraven by the famous Mr. Vandergucht, the different Species and Sizes of Buggs, as well as one correctly and finely magnified. I was not so fond of my own Performance, as to think my Treatise merited so great an Ornament. But as the Learned and Judicious Sir Hans Sloane had done me the Honour to peruse and approve of my Manuscript, and thought it worthy thereof, and also desired and directed the doing the said Plate by so good a Hand; I should have been wanting to myself, had I not, in deference and respect to his Opinion and Request, annex'd the same. A Bugg's Body is shaped and shelled, and the Shell as transparent and finely striped as the most beautiful amphibious Turtle; has six Legs most exactly shaped, jointed and bristled as the Legs of a Crab. Its Neck and Head much resembles a Toad's. On its Head are three Horns picqued and bristled; and at the end of their Nose they have a Sting sharper and much smaller than a Bee's. The Use of their Horns is in Fight to assail their Enemies, or defend themselves. With the Sting they penetrate and wound our Skins, and then (tho' the Wound is so small as to be almost imperceptible) they thence by Suction extract their most delicious Food, our Blood. This Sucking the Wound so given, is what we improperly call biting us. By often nightly watching and daily observing them with the best of Helps, having discover'd Males from Females, I determin'd, and then did put up a Pair in a Glass, as believing that to keep them the Year round, would be the only and best way to find the Nature of their breeding, feeding, &c. and be a means to discover what had occasion'd the Difficulties I had met with in my Endeavours and Practice of destroying them. As the Thought was à propos, and the Event having answer'd Expectation, I shall now inform you of my Observations and Discoveries thereby made. As I put up the Pair aforesaid, so did I another Pair that day Fortnight, and so every Fortnight for eighteen Months, did I put up others, with various Foods. The first, second, third, and fourth Pair lived, but did not presently breed, it not being then their Season of so doing: But in about ten Days after I put up the fifth Pair, they all spawn'd much about the time of each other; and in about three Weeks the Spawn came to life. Of the Spawn and different Gradations of Buggs, I shall now give you an exact Account. The Eggs or Nits are white, and having when spawn'd a clammy glutinous Substance, they stick to any thing spawn'd upon, and by Heat come to Maturity and Life. The Eggs are oval, and as small as the smallest Maw-seed. Buggs of one day old, are white as Milk. At three days old, are Cream-colour'd. At one Week old, are Straw-colour'd. At two Weeks, are of the same Colour, with a red List down the Back. At three Weeks, List Copper Colour. At four Weeks, List Browner. At five Weeks, List deeper Brown. At six Weeks, the Sides brown, and the List hardly discernible. At seven Weeks, they come to be of their proper Colour, all over brown. At eight Weeks, they grow bigger. Nine Weeks, Ditto. Ten Weeks, Ditto. At eleven Weeks, they are full grown. Vide the Plate done from Europeans bred: under which is a single one longer and larger, than our full-grown, being a full-grown American bred. 'Tis needless to give the Gradations of that Species, because when they spawn and breed here, the Young degenerate, and are of the European Size. As I wrote down the Time I put up all Pairs for breeding, and also the Times they spawn'd, and observ'd and set down the Numbers they generally spawn'd; I found by my account of above forty Pair so put up with various Foods, not only their best-beloved Foods, but also their Method of Breeding; of which, to render my Observations of publick Service, I shall give you an account. Viz. Their beloved Foods are Blood, dry'd Paste, Size, Deal, Beach, Osier, and some other Woods, the Sap of which they suck; and on any one of these will they live the Year round. Oak, Walnut, Cedar and Mahogoney they will not feed upon; all Pairs I put up with those Woods for Food, having been soon starved to death. Wild Buggs are watchful and cunning, and tho' timorous of us, yet in fight one with another, are very fierce; I having often seen some (that I brought up from a day old, always inur'd to Light and Company) fight as eagerly as Dogs or Cocks, and sometimes one or both have died on the Spot. From those so brought up tame, I made the greatest Discoveries. They are hot in Nature, generate often, and shoot their Spawn all at once, and then leave it, as Fish do. They generally spawn about fifty at a time, of which Spawn about forty odd in about three Weeks time usually, (but sometimes two or three days more or less, according as the Weather proves more or less hot) come to life; the Residue proving addle, as do often the Eggs of Hens, &c. Thus they spawn four times in a Season; viz. in March, May, July, and September: by which 'tis apparent to a Demonstration, that from every Pair that lives out the Season, about two hundred Eggs or Nits are produc'd; and that out of them, one hundred and sixty, or one hundred and seventy, come to Life and Perfection. Some of the first Breed I have known to spawn the same Season they were hatched; but so few in Quantity, and those so weakly, that the Winter killed them. I have also observed that in Rooms where constant Fires have been kept Night and Day, they have been so brisk and stout as to spawn in the Depth of Winter: but of all the Spawn I ever saw between September and March, not one ever came to Life. This plainly evinces, that Natural Heat only produces Life in the Spawn, and that Artificial cannot. Thus having shewn plainly the Number each Pair annually produce, I hope their great Increase is so sufficiently accounted for, that it need no more be wonder'd at. And having also shewn their seven Months Season of Breeding, if 'tis admitted, as I think 'tis plainly apparent, that in the other five Months, viz. from September to March, when there is no such thing as Spawn but what is addle, and consequently cannot come to Maturity; it then naturally follows, that the Winter is the best Season for their total Destruction: which I shall make more fully appear presently, but must first refute two vulgar Errors. The first is, That many People imagine they are dead in Winter. This is a Notion so absurd, that it would hardly be worth mentioning, had I not by Experience found it had prevail'd with many People of Sense and Learning, as well as the Vulgar and Illiterate. The many Experiments by me shown at the Hospitals in the hardest Frosts last Winter, and in the Houses of the Nobility and Gentry, and to Sir Hans Sloane the 30th of December 1729, will, I hope, be deem'd a sufficient Refutation of that Error: For in the coldest Seasons the Application of my Liquor with a Feather only, made the Vermin bolt out of their Holes, and die before their faces. This they will do all the Year round in the coldest or hottest Weather. And I have seen, and do assert, they do bite in the cold as well as hot Seasons: but as our Blood is not so apt to inflame in Winter as in Summer, their Bites make but little Impression, and are consequently the less regarded. The second seeond and most prevailing Error is, That Buggs bite some Persons, and not others: When in Reality they bite every Human Body that comes in their way; and this I will undertake plainly to demonstrate by Reason. It is generally observ'd and granted, that a Person under an ill Habit of Body, if he receives a small Cut or Wound, so slight as to be at first thought a Trifle, such Person's Wound by reason of such ill Habit shall be attended with Inflammations and other dangerous Symptons, and be longer under Cure than Wounds, which when first receiv'd were larger, and consequently thought more dangerous. These Wounds shall be immediately healed on Persons in good Habit of Body, such good Habit preventing any Inflammations. And as Fevers, and Swellings attending and prolonging the Cure of Fractures, are accounted for the same way; why may it not by the same parity of Reason be admitted, that the Bite or Wound of a Bugg should swell and inflame such only whose Blood is out of order; and tho' they do bite, cause no Inflammations on any in right order of Blood? The best Reason which can be given in support of this Error, is, That where two Persons lie in one Bed, one shall be apparently bit, the other not. Buggs indeed, where there are two Sorts, may feed most on that Blood which best pleases their Palate; but that they do taste the other also, to me is apparent: And whenever that Bedfellow who is most liked by Buggs shall lie from home, the other will so sensibly feel the effects to be as above, that they will no longer think themselves bite-free. Of this I am sensible, that I daily am bit when practising and at work in my Business, destroying them; and as they never swell me but when out of order, from thence I infer, that not only myself, but all such who are among Buggs, and do not swell with their Bites, are certainly in good Habit of Body. But to return to my Subject. Having shewn that they not only live in Winter, but asserted that to be the best Season for their total Destruction, I must further observe, that few People caring to trouble themselves about Buggs but when they themselves are troubled by them, having confin'd the Attempts for their Destruction chiefly to the BreedingSeason, has been the sole Reason why the best Efforts for their Destruction have fail'd. I do admit innumerable Quantities have been destroy'd, and much good has and may be done in Summer: but should every old Bugg then be destroy'd, you are yet not safe; for the Nits behind Wainscot and in Walls, which cannot be come at, will by heat come to life, and your work is partly to be done over again. Whereas, on the contrary, if cleared out of Spawning-time, there is a certainty, as there is then no Nits, that their Offspring cannot plague you thereafter. 'Tis for this Reason I warrant what I do in Winter; which I cannot pretend to do in Summer. In Summer indeed I do destroy all Buggs and Nits too in Beds and their Furniture, but Buggs only behind Wainscot and in Walls: for tho' my Liquor has an attractive as well as the destructive Quality, and thereby does bring out and destroy every live Bugg; yet their Nits being inanimate, cannot come to the Liquor, nor the Liquor at them. Such Nits therefore will come to life by heat, and quit the Walls and Wainscot for better Quarters and Food in the Bed, and so become troublesome to you. Having thus given, I hope, a satisfactory Account of this nauseous, venomous Vermin, I shall proceed to shew how they are daily brought to England, and into Houses commonly; then give some necessary Cautions how to avoid them, and Directions how to destroy them. As these Insects abound in all foreign Parts, especially in hotter Climates more than they do here; 'tis on that account all Trading Ships are so over-run with them, that hardly any one thing, if examin'd, will be found free. And as by Shipping they were doubtless first brought to England, so are they now daily brought. This to me is apparent, because not one Sea-Port in England is free; whereas in Inland-Towns, Buggs are hardly known. This Metropolis therefore, as having the greatest Number of Shipping, has had the greatest Number imported, and consequently bred in it. You that are free, and would avoid a foreign Supply in your Houses, examine well all things from on board Ships before you admit them into Lodging-Rooms. Chests and Casks, Linnens, and Paper, being stiffen'd with Paste, afford them Food, and are consequently most dangerous. If you have occasion to change Servants, let their Boxes, Trunks, &c. be well examin'd before carried into your Rooms, lest their coming from infected Houses should prove dangerous to yours. Examine well all Furniture that comes in, before you set it up, Beds especially; which I recommend should be plain, and as free from Wood-work as possible, and made to draw out, that the Wainscot and Walls may be better come at, to clear them from Buggs and Dirt. Deal Head-Boards, and HeadCloths lined with Deal, or Rails of that Wood, avoid. Also Beach-Bedsteds, for all such afford them much Harbour and Food. If for Ornament you use Lace, let it be sewed, not pasted on, for Paste they love much. Oak-Bedsteds, and plain Wainscot Head-Boards, and Tester-Rails of that Wood, allow them the least Harbour, and no Food; such therefore I recommend. If you put out your Linnen to wash, let no Washer-woman's Basket be brought into your Houses; for they often prove as dangerous to those that have no Buggs, as Cradles, and Bugg-Traps made of the same Wood, often do to those that have them: for the Wood they are made of, affords them much Convenience of Harbour, and great Nourishment. Upholsterers are often blamed in Bugg-Affairs; the only Fault I can lay to their Charge, is their Folly, or rather Inadvertency, in suffering old Furniture, when they have taken it down, because it was buggy, to be brought into their Shops or Houses, among new and free Furniture, to infect them. Builders are more blameable than they: for in Houses built for Sale, old Wainscot-Doors, Chimney-Pieces, &c. are oft put up for Cheapness, painted over, and pass for new; thus the Houses in Hanover and Grosvenor-Squares, &c. were supplied before inhabited. In taking of Houses, new or old, and in buying Bedsteds, Furniture, &c. examine carefully if you can find Bugg-marks. If you find such, though you see not the Vermin, you may assure yourself they are nevertheless infected. To such as have, and would destroy them, I shall now proceed to give full Directions. In order to do it effectually, and to lessen your trouble, the first necessary thing to be known, is their Marks. Buggs, tho' nasty to us, are so cleanly to themselves, that they quit their places of Harbour to come out and dung, and their Excrements leave a Mark or Stain like that of a Fly, but somewhat blacker; and wherever you see such Marks, if on Wood, look for the nearest Crevise, Knot or Streak; if on Walls, for the nearest Crack or Hole; if on Furniture, for the nearest Seam, Lace, Tape, or Fold, and there assuredly are the Vermin, and there apply the Remedy. In Winter-time, few, if any, are to be found by day-light in the Furniture of a Bed; but in the Woodwork, Wainscot, or Walls only. In the Summer they are all over, and every Lace, Tape, Seam and Fold must be examin'd, as well as the Crevises, Joints, and Carving in the Wood-work, for the Marks, and the Remedy applied accordingly. In Winter-time, though they lie in pretty close Quarters, yet are they easily destroy'd with any thing that will attract or entice them to it. If no such thing you have, give me leave to recommend my Liquor; on the Application of which, at all Seasons of the Year, they will come out, and immediately die before your Face. In Summer they lie in more open Quarters, and spread, and then are not in any measure to be reduced, but by such Liquors as you may safely touch the Furniture with all over: if none such you have, you may depend that mine will not stain or any way hurt the richest Velvet, Silk, or Stuff, not even Scarlet, which almost every thing else will do. On account of these excellent Qualifications, the Liquor has its Name of Nonpareil; and of this, if minded to do it yourself, you may have a Bottle for 2s. sufficient for a common Bed, with plain Directions how to use it effectually. If the Trouble of doing it your selves be disagreeable to you, you may have it expeditiously done by me or my Servants, and your Beds, or such Part as is necessary, taken down and put up again in full as good, if not better Order, than they were before, and alter'd, (if I see Opportunity or Occasion) and made to draw out, on my usual easy Terms. As I have occasionally mention'd what Sort of Beds I would have you avoid, give me leave to add and assure you, that Beds may be made full as warm as usual, and very ornamental, and yet be so very handy, as that any one of your own Servants might take all down and clear them of Buggs, Dirt, and Dust, and put them up again in a quarter of an Hour; and to this Fashion most Beds may be alter'd, several Persons having lately done so by my Directions to their very great Satisfaction. Those that have a mind to have new Beds thus made, or old ones alter'd, are to observe, That the Head-posts of the Bedsted are to be no higher than just to support a Wainscot Head-board, the Testerlath supports the Rod as usual; in the Rail are to be nine Holes drilled in, but not quite thro'; the two at the Head, to take off and hang on, (at Pleasure,) two Upholders drove into the Wainscot or Wall; in the other seven, thro' Eye-let Holes, at proper Distances in the Tester-cloth, are to be seven Balls or carved Branches to keep the Tester-Cloth tight; to which the Head-cloth, and inside and outside Vallens are to be fixed: so that by taking the Lath of the Upholders, and taking out the Balls, they all come off together; and thus made, may be commodiously and immediately clear'd, clean'd, and put up again, to fasten on the Head-board: And keep your Head-cloth down tight in its Place and Form. You have Hooks and Eyes to take on and off at Pleasure. PErsons wanting to be clear'd and kept free of those nauseous venomous Vermin, shall be attended by the Author on the following Terms, viz. To clear a Bed-sted with Moulding-Tester, Wood Head-Cloth, Headboard and its Furniture, 10s. 6d. Bed-steds with single-rais'd Tester, Moulding, Head-Cloth, Board and Furniture, or Chair-beds and Furniture, 8s. each. Bed-steds with ditto Tester, plain Head-cloth, cover'd Head-board and Furniture; and Field-beds and Furniture, at 7s. each. Four-post Bed-steds, or Canopybeds, with plain Furniture, 6s. each. Press-beds, Chest of Drawers Beds and Bed-steds, without Furniture, 5s. each. Wainscot Walls, Hangings, &c. behind and near the Bed-sted are clear'd with the Beds at the above Prices: but if spread all over the Room and Furniture, then an additional Price is expected. For Expedition and Safety, and to prevent Trouble to his Customers, or Impositions on them or himself, the Author takes his own Servants with him, to take down and put up such Parts of Beds, Wainscot, Hangings, &c. as he finds necessary; and always puts them up in full as good, if not better Order, than he finds them. Of his Servants he has good Security, and will be answerable to his Customers, for their Fidelity. N.B. If he any ways damages the Furniture, he will pay for the same. Persons about taking Houses, Lodgings, or buying Furniture, paying for Surveying, shall be attended, and at first View be justly and truly inform'd if the Premisses be Buggy, or free from Buggs, by John Southall , At the Green-posts in the Greenwalk near Faulcon-stairs, Southwark.

Miscellaneous

A TREATISE OF BUGGS.

A treatise of buggs [...]

MscB1646

SOme dayes past, there came to the hands of us the Commissioners of the Navie, a Pamphlet, published in print by Andrewes Burrell, concerning the Navie, (a businesse then depending before the Honourable Committee of the Admiralty.) We much wondered at the boldnesse in the manner of subscribing, and at the Scandals, through the whole body of the Pamphlet; he daring to direct it unto your Honours; and therein scandalizing the Navie-royall of the kingdom, and all the Officers of the same; as Admirals, Vice-Admirals, and Rear-Admirals, Commissioners, Collectors, Trinityhouse, and others; yea, and beyond this, some of your Members, and in truth, the honour of both Houses of Parliament. We are confident those aspersions and brain-sick Notions, so plainly discovering his discontentednesse, and self-ends, and so apparently tending to the destruction of the Royall Navie, will not get the least credit with your Honours: But, lest this Pamphlet should work such ill effect abroad, that after your Honours happy government, protection, and defence of this Kingdom, in these Civill Broils, by the Navie Royall, as with Walls and Bulworks, from all forraign Invasion; your Honours proceedings should upon this mans writings be calumniated, by the disaffected party here at home; and your Royall Navie, (formerly so formidable) become contemptible to forraign States and Princes: and we knowing that the great affairs of State will not afford time unto your Honours, to take a particular examination of this businesse, to the discovery of the folly, and desperate malice of this Gentl. and we being intrusted by your Honours in the government and care of the Navie Royall, have thought it not the least part of our duties, to make bold, by our Answer unto this Pamphlet, to present unto your Honours the true state of the Navie, to discover the destructive effects so much aimed at, and desired to the Navie in the Pamphlet, to stop the mouths of Enemies and ill-affected, to satisfie the wellaffected, and to vindicate the honour of the Parliament, whose provident and prudent care for preservation of the Navie, and guarding of the Seas, in these times of danger, we shall make appear to exceed all former Ages. Master Burrell, in the beginning of his Preface, begin to tell a Story, That he was forced out of his Countrey, for his affection to the Parliament, and of his taking the Covenant, and of being pressed every Lords day to discover what he knew to be advantageous or hurtfull to the Parliament; when indeed and in truth, the one was, because he would contribute little or nothing to the Parliament, having lived here a long time obscurely; and the other, because for his private advantage and advance of his Fortunes, he would be an Officer of the Navie: But at last, being rowsed up (as he saith) by Church-men, he complained to the Right Honourable the Lord Say, the Navie was sluggish, and did sail so sluggishly, that it could not perform those Services which the Parliament expected; and to that purpose presented a paper to his Lordship, intituled, Observations upon the Navie, by Andrews Burrell: which paper he presented to the Earl of Warwick, and from his Lordship it was sent to be disputed before us the Commissioners of the Navie, with whom (saith he) it died. Answer. Now may it please the honourable Houses of Parliament, That it is true, we received an Order from the Right Honourable the Earl of Warwick, as also from the Honourable Committee of the Navie, to send for Master Burrell, to hear his opinion concerning the reducing of the Navie into a better posture, as he pretended, for sailing: We likewise sent for all the Master Shipwrights of England, Captain Batten being present with us. Being come together, we demanded of Master Burrell, in what manner he would do this great work: His Answer was, He would cut them down to one Tire of Ordnance, by which means they should sail a great deal better. We demanded of him, What he would do to adde quality to them; for in cutting them down, without doing something under water, would be to small purpose: His Answer was, That he would keep that private to himself. We desired him to give it in writing how he would perform this Service, if he did make a triall of one of the old Ships, in regard it would be a great charge to the State; which he promised to do, but never came near the Office more, nor ever heard we more of him, till now, that he hath set out this Scandalous Libell. And indeed what he propounded to us, which was to cut down the first, second, and third Rate-Ships, and to bring them to one Tire of Ordnance, is so ridiculous, and will so disable the Navie, that it will make them, in case of forraign invasion, incapable either to offend the Enemy, or defend themselves; all other Princes Ships of the first, second, and third Rate, having two or three Tire of Ordnance. Besides, as they are now built, having great Floors, and great Breadths, if they should be cut down, they would be so unruly Ships in the Sea, that in a Sea-gate they would roul so much, that no man would be able to ply the Ordnance, or stand upon the Deck. Besides, if they should meet with a Storm, be in danger to roul their Masts by the Board, as appeared by the Rainbow, and Vantguard, which were built in 86. little more or lesse: after this Modell proved so defective Ships in the Sea, that they were forced to bring on another Deck upon them: The Victorie, in 87, was cut down for a triall, at the instance of Sir Iohn Hawkins, from three Decks and an half, to one Tire of great Ordnance; which being done, the Queen commanded, in 88, that he should go Commander of her, because he was the Projector; but when he came up to the King of Spains Ships with two Tire and three Tire of Ordnance, they tore his Ship, and kill'd his men so fast, that he was not able to endure the Spaniards broad Sides, but was forced to leave them; So that when the Ship came home, the Queens Majestie understanding how much the Ship was disabled by cutting down her Decks, gave Order for her Decks to be built again; and ever after she carried two Tire of Ordnance fore and aft. And indeed the Ships of the Navie, of the first and second Rate, are the best built Ships in the World, both for defence and offence, carrying two Tire of Ordnance; and if not laden with Victuals, but kept light and clean, will saile as well as any Ships of their burthen and force that do belong to any Christian Prince, having been a terror to their Enemies; witnesse Anno 88. for if there had not been such Ships at that time, but such reformed Ships as Master Burrell endevoureth to have, the Spanish Armado doubtlesse had overrun them, and with their strength of Ordnance, having two and three Tire, would have been too hot for their coming near them: yet such was the strength of our Ships, most of them having two Tire of Ordnance, and well mann'd, that (by the blessing of God) we gave them the overthrow: And ever since the Navie hath been preserved and built in a better posture then in those dayes, and more serviceable for the honour and preservation of the Kingdom. And because your Honours may be satisfied, how necessary great Ships are with two Tire of Ordnance, for the defence of this Kingdom, we shall onely instance in two Ships which are yet lively in our memory. In Anno 1640. Don Antonio de Kendo came into the Downs, with a Fleet of Ships from Spain, and having rid there some time, the Admirall Van Trump, with six of the best Ships in Holland, attended the motion of Don Antonio his Ship; the rest of his Fleet, consisting of eighty Sail, attended the rest of the Spanish Fleet: Don Antonio when he had refreshed his men, and fitted himself, weighed Anchor out of the Downs; the Admirall of Holland did the like with six Ships; and coming without the Goodwyn-Sands, the Admirall of Holland came up with the Admirall of Spain, as far as his transome; but received such entertainment, that he durst never more come up with him, nor any of the Ships in his company, notwithstanding the Admirall of Spain stayed for them with his top-Sails down, and main yard a crosse; such great force had this great Ship with two Tire and an half Ordnance, that the Hollanders durst not deal with her. The Admirall of Portugall, being another great Ship of that Fleet with two Tire of Ordnance, fought with sixteen States Men of War almost a whole day, yet never could take her, and being offered any quarter that they would demand, scorned it: At last, when the Hollanders saw they could not take her, two of their Men of War desperately ran aboard of her, with two Fire-Ships, where they all burned together, untill they were consumed. And indeed, if they had not used that Stratagem, they had never destroyed her. By this, your Honours may perceive the great difference between Ships of two Tire of Ordnance, and one Tire, as Master Burrell would have them. In the next place he makes a long Narration of the Sally-Fleet, where Captain Rainsborow was Commander, and saith, He findes in his Iournall these words, (We did give them chase all day, and at night we lost them:) which great deficiency (saith he) renders the Navie to be in a contemptible condition. Ans. Now let any Sea-man judge, whether Captain Rainsborow's Fleet could be in a fit condition, to chase light and clean Vessels that came out of Sally that night, when he had been two Moneths from England, and grown foule, and four Months Victuals in: Besides, those small Vessels which he chased, were (when he first saw them) two Leagues from him, which was a long chase to fetch up, and would hold a good Sailor chasing all day: Besides, if the Men of War had contemned them, (as Master Burrell saith,) why did they run from them, and would not fight? For by their running away, it is evident they were not contemned, but feared: And yet he confesseth, that Fleet performed better Service, then Englands Navie did in 44 years before. In the next place, (because we will touch onely what concerns our selves) Master Burrell discovers where the fault hath been, That the Navie hath not been reformed, and how the Right Honourable the Earl of Warwick, hath been misled by the Officers of the Navie, and the Brethren of the Trinityhouse, who should have advised his Lordship to make choice of nimble Ships for Warlike Service: & and that if the Brethren of the Trinity-house were so knowing as they seem, and so well affected as they ought, they should have sent forth for their own Adventure, one Ship and one Pinace, that should have sailed as nimbly as the Queens Ship: Such an example (saith he) peradventure would have moved the dull Officers, to hearken to the reducing of part of the Navie into a serviceable posture for these times, and to make choice of better Ships, which they have hired at dearer Rates. For Answer thereunto, We wonder much at the boldnesse of this sickbrained man, that he should question the judgement of that noble Earl to be misled by us, as if his Lordship were not a Sea-man himself, to discern what is fit to be done, for the making of fit and nimble Ships for Service, better then Master Burrell, who scarce ever saw salt water, and consequently never saw Service. And for the affection of the Trinity-house, we are confident, that divers of that Corporation, have set out many Ships and Pinaces, for the Publike, in these distracted times, to their great losse and hinderance, as some of the Members of the honourable House of Commons can witnesse: but never heard that Master Burrell, nor his Associates, set out any Ship or Pinace, in defence of the Parliament of England, since these Wars began. And for the reducing of the Navie into such a posture as Master Burrell would have it; we hope never to be guilty of so great a disservice to this Kingdom: And although Master Burrell saith, we have made bad choice of Ships, and at dear rates, to serve the State; we shall make it appear to the honourable Houses, that they have been the best Merchants Ships in this Kingdom, and taken up at no other rates, then hath been given long before we came in Office; in the most peaceable times. In Folio 4, Master Burrell quarrels with the Trinity-house, and talks of Toles and fair Immunities coming in by the industrious Sea-men, and chalks them out their duty to take care for the common Sea-men, and not to suffer thousands of them in discontent to run out of the Kingdom. Ans. As for the Toles and Immunities, which the Trinity-house receive, they receive it with one hand, and pay it with the other, to the widdow and fatherlesse of that Corporation, and to such as have received wounds and hurts, in the Parliaments and Merchants Service; for which they have two pence a voyage out of every common Sea-man, and no more if the voyage be three years long; yet the malice of Master Burrell would make the world beleeve, the Trinity-house receives much, when indeed their whole comings in (since these distracted times) doth not releeve half the poor belonging to that Corporation. And for the common Sea-men, they need not be discontended, having had an Augmentation of four shillings in a Moneth more then ever any King or Queen in England gave them, besides other Immunities granted them by the Parliament: Neither do we beleeve that any are gone over, except such as are Malignants and Enemies to the State, which are better out of the Kingdom, then in it. In the next place, he roves by way of Multiplication, in which, it seems, he is not skilfull, for instead of 500, he saith, the Officers of the Navie sent out their Prest-masters into Suffolk and Essex, to presse 900 Sea-men, and out of the River of Thames, 200 Water-men; but at the day of their appearing, of all that number, there appeared at Chatham but 224, whereof 124 were Water-men: and then makes his Inference, as if there were a scarcity and unwillingnesse in Sea-men, and Water-men, to the Service of the Parliament. To which we Answer, That we did send out Prest-masters to the foresaid places for 500 men, and not for 900, (as Master Burrell falsely saith) to the end we might not make a scarcity of men in this City for the Merchant-Ships, in regard we were to set out a Fleet of 6000 men, whereas in time past our predecessors for such Fleets, never prest lesse then 2000 men in the Countrey: yet such was the willingnesse of the Sea-men and Water-men, to serve the Parliament, that the Ships are all mann'd long since, and at Sea; and we writ our Letters down to the Prest-masters to stay their hand; and of those that were pressed, came to Chatham (as appears under the Clerk of the Checks hand) 358 men, besides Water-men. By this the honourable Houses of Parliament may perceive the malice of this Gentleman, who not onely strives to blast your faithfull Servants, but as much as in him lies, seeks to bring the honourable Houses in a dislike with the common Sea-men, that so some rigid courses may be taken against those that hitherto have done them faithfull Service. In the next place, he falls foul of the Ship that carried over the Queens Majestie, and inserts some words in Captain Battens Letter to the Parliament in these words; If my life and all the Kingdom had lain at Stake, I could not prevent her going over, for (saith he) the Ship that carried her, sailes two foot for my one. Then he makes his inference, and would have Captain Batten speak in his own language, as if he would have said (saith he) that other Nations can make nimble Ships, but England is grown dull, and must be contented with sluggish and unserviceable Ships. Then he further addes, that if the Parliament had spent every year of million of Pounds, they that have wasted one million in three years, would not of themselves have endeavoured to build or purchase one Ship or Pinace so nimble as the Queens Ship. Ans. By this your Honours may perceive, he still hammers upon one Anvill, that is, as much as in him lies, to disparage the Navie-Royall, and to infuse into Strangers minds how unserviceable they are, that so he might blast the honour and reputation of the whole Navie, which hath been and is both famous and terrible to all Nations; and onely for this cause, that so great a Ship as the Saint Andrew, being foul at that time, could not fetch up a clean tallowed Frigate, new come out of Port, having the advantage of the wind, and being a speciall Sailor, and fitted for that purpose, to carry away the Queen. And for the spending of so much money, we know it is far short of that Sum; yet thus much we dare aver, that if these times be compared with precedent times, when such Fleets have been set forth, the honourable Houses will find by the Accompts, that never more frugality was used, then since the Parliament had the Navie in their hands. In the next place he saith, he was unexpectedly nominated a Commissioner for the Sale of Prizes and Prize-goods, and saith, he would have attended the Service faithfully; but at his entrance into that trust, he was unfitly opposed in the Sale of a nimble Pinace, which by a strong hand was estranged from the Parliament, without Candle-light: and being so opposed, he was much discouraged, because he knew himself best able to serve the Parliament; and thereupon desisted, and came no more amongst them. Answer. That it is true, he was nominated a Commissioner for Prizes, and Prize-goods, but not unexpectedly, for he expected 300. l. per annum, but after he had sat two or three dayes with us, and heard that we were to receive nothing but our labour for our pains: truly he then very unfitly left us, and never sat more amongst us. And for being opposed in the sale of a nimble Pinace, which by a strong hand was estranged from the Parliament; we wonder that all this time he hath not discovered it; that so those persons may be punished according to their demerits: and therefore we humbly desire the honourable houses of Parliament, to cause this businesse to be examined; and that Master Burrell do discover what Pinace that was, and who it was that estranged her from the Parliament. In the next place, Master Burrell saith, That before and since that time some nimble Ships and many Pinaces have been taken, but most of them by disasters; and if those Ships and Pinaces had been contrived into Men of War, and set out in the room of those sluggish Ships which he complains of, the Parliament would have been much better served, with the saving half of that vast charge which hath been spent at Sea; yet saith he, it is certain the best of those Ships and Pinaces, have been estranged from the Parliament, which makes the abuse the greater, and therefore makes a quere to examine what price was paid the Parliament for Plunkets Ship. Ans. It seems now Master Burrell will confesse that some nimble Ships and Pinaces have been taken by the Parliament Ships, but yet to eclipse the taking of them, he saith, Most of them were taken by disasters, which we confesse to be true; for it was a disaster befell them that were taken. And as for those ships that were taken, they that were good Sailors, and fit to be made men of Warre were fitted and equipped, and are now in the service of the Parliament to the number of seven good Ships, and sixteen Frigates, and not estranged from the Parliament, as Master Burrell sets forth, and doubtlesse will save charges, in regard the Parliament payes not fraight, though not half the charge, as Master Burrell saith: And as for Captain Plunkets Ship, if Master Burrell had inquired of Master Morris Thomson, amongst other things he would have told him that she was stranded about Arundell by five States-men of warre, and seized on by Sir William Wallers army, and condemned in the Admiraltie as Prize to Master Thompson and others for losses received by the Dunkirkers, so that as we conceive nothing was due to the Parliament; yet we humbly desire the honourable Houses, to examine Master Burrell, because he saith, It is certain that the best of those Ships and Pinaces were estranged, that he may declare in whose hands those Ships and Pinaces are, that so the Parliament may be righted, and the offenders receive condigne punishment. In the next place in his old ridiculous strain, he falls a praising of Plunkets Ship for sailing, although he never saw her sail, and dispraising of the great new Frigate before he knows what she wil be, as he doth all the rest of the Navie: Then he falls to telling of a story, and saith, he believes that all the Ships in the Navie in three years have not taken so many Prizes, as Plunkets Ship hath taken in these two years, and that some of those Prizes were very rich, but by estranging that Ship of Plunkets, the Parliament hath lost all those Prizes. Ans. Your Honours may perceive what Master Burrells intentions are by his language; that is, still to dishonour the Royall Navie, calling them sluggish, and praising of Plunkets Frigate for a nimble Saylor, when there is twentie sail of Frigates and Ships now in the Parliament service, that sail as well, and many of them better. And whereas he falsely saith, that Plunkets Ship hath taken more Prizes in two years, then the Parliament Ships have taken in three; we shall referre your Honours to the Collectours for Prizes, and Prize-goods; and they will tell your Honours that the Parliament Ships haven taken a hundred and ten Merchant Ships, and thirty nine Men of War have been taken and sunk, which had his Majesties Commission; besides many Spaniards, French, and Dutch, that have been delivered back at the earnest request of the Ambassadours. And we never heard of more then six Ships taken by Captain Plunckets Frigate, and most of them being Merchant Ships. In the next place, he begins a large discourse, that in November last, he understood that there was three Frigates to be built for the State, and that he was designed to build one; and was shewed a paper from a principall Ship-wright, which he had received from the Officers of the Navie, directing him how he should build one of the Frigats, that when she was built, she would never do any good service: but saith Mr Burrell, that which troubled the Ship-wright most, was the price; for (saith he) if they give a slight price, they must expect slight Frigates. Then (saith Master Burrell) I took the paper into consideration, and I acquainted the Ship-wright with my dislike of it, and told him I would move the Lords of the Admiraltie so to order the businesse, that those Ship-wrights that did build them, should build without direction from the Officers of the Navy: and that they should have an indifferent price for them, which was that which Mr Burrell aimed at, because he would build one: Then he sets forth the manner and form of his Petition to the Lords of Admiralty in two sides of paper, and tells their Lordships of ten Whelps built by the direction of Sir Iohn Pennington; and rakes up the ashes of his dead body, and saith, the builders were so misled by him, that all those vessels proved sluggish. Then he layes down positive rules and directions, how the Frigates should be built, as punctually, as Archimedes the Mathematician, but still hath a care of his interest, and desires that the Builders might not be disheartned in the price of them. Then he propounds 300l. to be deposited, that is to say, to each builder an 100l. and the Frigates to sail into Downs, and from thence to the Isle of Wight, and then round about the Island, and so to Portsmouth; and that Frigate that cometh in there first, to be reputed the best Frigate for service, and that the Ship-wright that built her, should have the 300l. for his service. Then (saith he) before I offered these propositions to their Lordships: I conferred with Master Pet, and Master Castle, whether they were willing to build two of the Frigates, upon the forementioned tearms, or not, and if they would build each of them one, he would build the third: So when I found (saith he) Master Pet and Master Castle to like my propositions, I presented them to the Honourable Earle of Warwick, and Lord Say, and proved before their Lordships, that if the Frigates were built, according to the directions of the Officers of the Navie, the Frigates would prove unserviceable to the State: But (saith Master Burrell) this took no effect. Soon after came forth other directions worse then the first, That one of the intended Frigates should be built 70 Tons bigger then the other two, whereas by my propositions they should be all of equall burden: And secondly, Master Pet Iunior, should build the bigger, and Master Pet senior the two lesser Frigates, by which subtile plot (saith he) all emulation was laid aside. For answer to the needfull, of what Master Burrell hath falsely suggested: In the first place, your Honours may perceive what Master Burrell drives at: the first is a good price, not for the good of the Kingdome, but for his own ends: because (saith he) I was designed by their Lordships to build one. In the next place, he would brand the Commissioners of the Navie, in giving directions for the building of unserviceable Frigates, when indeed they gave no directions for them, but gave the Master Ship-wright order, to draw out their own dimensions, which accordingly they did, which we have ready to produce under their hands: And if the ten Whelps built many years since proved deficient, it doth not follow these Frigates now a building, should prove no better Saylors. But Master Burrell in that strikes at the Commissioners of the Navie, wounding us through Sir Iohn Penningtons sides, as if these Frigates would be unserviceable, because he falsely suggests, we gave directions therein: And for his propositions to try their Sailing round about the Ile of Wight to Portsmouth is so ridiculous, that we need not trouble our selves about it, for all Sea-men know that there can be no triall of Ships in that place, the tydes running counter, and one Ship may be in the tyde, and the other out, which may make great difference, and indeed lies more in the skill of the Pilot then in the Ship, in observing the setting of the tides, and consequently to take the advantage of it; by which your Honours may perceive how Master Burrell will undertake to tell your Honours, that which he understands not. And for his proposition to the Lords to build those Frigates by the great, their Honours utterly refused it, knowing it a dishonour to the Parliament to build Ships out of his Majesties yard, having the best Ship-wrights in the Kingdome to perform that service; and one, who had given such testimony of his Art and skill in building of a Frigate, for the right Honourable the Earle of Warwick, that a better Saylor is not in England, nor Dunkirk: but the Lords told Master Burrell, if he would build one to trie his skill, he should have his Majesties yard at Portsmouth, to build in, with timber, plancks and materialls needfull; which Master Burrell refused to do, and saith, it was a dishonour cast upon him, and for no other cause, but that he could not build one by the great, that so he might get two or three hundred pound by the Parliament: And if the other Shipwrights are discontended (as Master Burrell saith) because they did not build them by the great (as we believe they are not) yet we marvell that Master Burrell should suggest, that Mr Pet the builder, acts against his affection, or desires, being the King and Parliaments servant; unlesse he would bring the Parliament in dislike with the Ship-wrights, and so to bring them under a Cloud, as he hath endeavoured to eclipse the Trinity-house. And as for the subtile plot (as Master Burrell calls it) in causing Master Pet junior, to build the great Frigate and Master Pet senior to build the two lesser; it is false and untrue, for Master Pet junior, builds one of the small ones, and Master Pet senior, builds the other small one; and this we did to the end they might use the utmost of their skill to try who could build the best Saylor. And because we had experience of the good performance of Master Pet senior, in building the Constant Warwick, he was appointed to build the great Frigate likewise: By all which your Honours may perceive, how he hath falsly traduced the Commissioners of the Navie, the Masters, Wardens, and Assistants of the Trinitie-house; the principall men of the Corporation of the Ship-wrights; and all he drives at, is by his unjust aspersions to bring the Parliament and them at ods, that so he might accomplish his own ends. And thus we hope, we have given your Honours satisfaction in the building of the Frigates. In the next place, being the moneth of May, he still sings his old tune, in dispraising Englands Navie, which Master Burrell would have as weak as his brain; and tells strange Stories of the mungrell Dunkirk, the contemptible Irish, and the insulting Dutch, that they will not honour the Parliaments Ships nor acknowledge them Master of the Seas: And then by way of Inference, brings in his Maiesties horses as fat as himself; how they were tired being led down to Barwick with empty saddles, and then compares the dead with the living, in these words; And these Royall horses were clogged with too much flesh, even so the Royall Navie is clogged with too many men; too much victuals, too many pieces of Ordnance, to much timber, and too much plank; and then ads further to make the Royall Navy more contemptible, he saith, the Ship-wrights were commanded to make the Ships now in the Navy, Ships for show, as well as for service, and to carry many pieces of Ordnance never to be used, but at Feasts, Salutations, and Landings. The example (saith Master Burrell) is lively in the Royall-Soveraign, an admirable Ship for costly Buildings, and cost in keeping; and which ads to the miracle, the Royall Ship (saith he) is never to be used for the Kingdoms good; And that the Navy for swift sailing in Queen Elisabeths dayes, was famous, and farre exceeding these times. To which we answer: As for the honour of the Narrow-Seas, it hath been kept in as much honour and reputation as ever; witnesse the right Honourable the Earle of Warwick, who hath commanded all Ships, where ever his Honour came, to render due obedience: and Captain Owen in the Guardland, commanding a Squadron of foure or five Ships under the right Honourable Earle of Warwick, was sent out by his Lordship to seek out the Kings Men of Warre, and all other that transported Armes or Ammunition, to his Majesties Quarters, and being in the Channell, came in amongst sixtie sail of Hollanders, whereof five or six Men of Warre; and did not onely make them all strike, but sent Captain Gilson in the Warwick Frigate, who took out of the midst of the Fleet the Tiger of Roterdam, and brought her away in despight of all those Men of Warre, and sent her to London: The next was Captain Batten, who being alone in the ConstantReformation off of Beachy, met with the Vice-Admirall of Holland, and foure great Ships more; and although they suffered him to shoot divers shot at them, before they would strike, yet when they saw his resolution, they lowered their top-sails, and did homage. Captain Ellis in the Providence, and Captain Thomas in the Warwick Frigate, commanded White the ViceAdmirall, and three more, to strike in Torbay, which they did accordingly, though with some shot before they did their duty. And for the Royall horses being tired in being led down to Barwick, it is not so with the Royall Ships, for they are never weary with sailing: And for too many Men, Ordnance and victuals, we know other Princes Ships that carry more, and yet not of their burthen: And as for Timber and Plank, we shall refer that to the judgement of the best Sea-men, and Ship-wrights in the Kingdome. But we wonder much at the impudence of this Gent. who dare say, the Royall Ships of the Navie were built for show, and carry many pieces of Ordnance never to be used, but at Feasts, Salutations, and Landings; when there is not one piece of Ordnance in any Ship of the Navie, but is both usefull and serviceable for a defensive and offensive Warre: And to bring the Navie into a more contemptible condition, he makes the Royall-Soveraign, (the best Man of Warre in Christendome) to be incapable of doing service for the Kingdomes good. When Captain Rainsborow, whom Master Burrell confesseth in his time, was the most eminent Commander in this Kingdom, had the triall of her in the channell of England, and at his return reported to his Majestie, that he never set his foot in a better conditioned Ship in all his life. And as for her Force, she is not inferiour to the greatest Ship in Christendome. And for the Ships in Queen Elisabeths dayes, so famous for Sailing; this Kingdom was never better furnished with good Saylors and Ships for defence, then at this present, farre exceeding those times. By these and the precedent Articles, your Honours may perceive how under a specious show of a well-affected men to the State, he covertly by his Calumnies, seeks to bring the Navie into a contemptible Condition; not onely in the opinion of this Nation, but also of Strangers; that so they may be incouraged to attempt that, which they never hitherto durst put into practice. In the next place, Master Burrell propounds how the Royall Navie with a little charge, may be reduced into a serviceable posture, and into such a Warlike posture, as will inable the Parliament to recover and maintain the Soveraigntie of the Seas, as in the Raign of Queen Elisabeth of happy memory. Answer. It is strange that Master Burrell should know more, then all the Ship-wrights in the Kingdom, being a man that many years hath had no practice, and consequently lesse experience. And as for the little charge in reducing the Navie, the cost that will be spent in cutting down one of the first and second Rate-Ships, and finishing them, will build the hull of a ship of the fourth Rate, that shall carry thirty pieces of Ordnance, that will do more service then they will do, when they are cut down to one Tire of Ordnance; for the reasons given in our first Article. And as for the Soveraignty of the Seas, it is true, that since these distracted times, the Hollanders have been very insolent in wearing their Flags, as they have formerly done: But such hath been the valour and courage of our Commanders, that as often as they have been met withall, they have been compelled to do their dutie. In folio 9. Master Burrell saith, that when the Royall Navie shall be reduced into a serviceable posture, the Parliament may save a fourth part of that vast charge, which hath been spent at Sea, since these distracted times. To which we answer, We do not know what Master Burrell calls reducing the Navie, but we conceive it is rather a destruction of the Navie, to cut down the first, second and third Rate-Ships, which are walls of Brasse to defend this Kingdom: And as for saving a fourth part of the charge, that hath been spent at Sea since these distracted times, we are yet to learn; although we have constantly followed Marine affairs these thirty years, and upwards, how ever we desire that Master Burrell will give reasons how the fourth part of the charge may be saved, and such Fleets maintained at Sea, as have been set forth these foure yeares past, without dimunition of the strength and glory of the Navie. We come now to Master Burrells last quere, where he desires the Honourable House of Commons to examine what the Kings party would have attempted, that they have not freely effected; have they not (saith he) been supplied from beyond Seas with Ordnance, Armes, and Ammunition, and imported and exported eminent Traytours? and have not both Irish, and Turks, landed in this Kingdom, and carried away Men, Women and Children? Answer. Although it be true that this quere belongs not wholly to us to answer, our Office being no other then to act by the Parliament, and Committee of Lords and Commons of the Admiralties Order to equip, victuall and Manne the Ships, destinated for the Guard of the Sea; as also to inform their Lordships of the repair of Ships, Docks and Houses in his Majesties severall yards, &c. We thought it our duty to give an answer in the just vindication of those Noble Lords and Commons of the Committee of the Admiraltie, who sit at the Helm; that there hath been as much care taken to prevent the landing of Irish, the transportation and importing of Traytors, The bringing in of Ammunition, as the wit of man coud invent; and truly if Dunkirk being a small Town, in one year took from the Hollanders, notwithstanding the great Fleets they yearly set out, 80 Sail of Ships: how much more might the Kings men of Warre, being assisted by the French, Hollanders, and Dunkirkers, who seemed to be the Parliaments friends, carry in Armes, Traitors and Ammunition, into the Kings Quarters? yet they paid dear for it; For although some escaped yet many were taken, witnesse a States Man of Warre, going into Scarborough with Powder and Armes; The King of Denmarks Ship bound in for Newcastle, laden with Armes, and divers French men, and Hollanders bound into Bristoll, Falmouth, Dartmouth, Scarborough, and Newcastle, with Armes and other provisions, which the Collectors for Prize-goods can certifie, one and other, to the number of 110. Sail, beside many Ships with his Majesties Commission. And as for the Turks landing in Cornwall, they landed in his Majesties Quarters and not in the Parliaments, and if Posts and Intelligence might have gone along the Coast, they might have been prevented, the Parliament Ships being at the seige of Plymouth, in defending that Town, but never heard of it untill too late, and that from his Majesties Quarters. And thus we hope, we have answered Master Burrells false aspersions and calumnies, cast upon the Right Honourable the Lords and Commons of the Admiralty, the Commissioners of the Navie; the Master, Wardens, and Assistants of the Trinity-house, with the principall membes of the corporation of Ship-wrights, and all for his own ends, to get into imployment. IN the first place, Master Burrell saith, that there is not one Ship in the Navie that hath taken any one of the Kings Men of War, since these Warres began; and that the greatest Commanders which the Parliament hath sent forth; as Admiralls, Vice-Admiralls, and Rear-Admiralls, are so farre from subduing any of the Kings Men of Warre, that there is not any one of them that have shot one shot in anger, since these distracted Wars began, though many hundred thousands of pounds have been spent in guarding the Seas. Ans. That is false, and scandalous against that noble Lord, and worthy Gentlemen that have commanded the Parliament Ships; for we shall make it appear, that since these Wars began, the Parliament have taken and sunk 39 Ships and Pinaces, Men of War, who had his Majesties Commissions: the names of the Ships, with their Captains that took them, for better satisfaction, we have here under inserted. Viz. Captain Batten, in the Saint George, took the Bonaventure, Admirall of Ireland; the Swallow, Vice-Admirall; and the Robert-Frigate: Captain Swanley, in the Leopard, took the Globe, Admirall of Bristoll; the Providence, Vice-Admirall; Discovery, Rear-Admirall; and the Henrietta Pinnace Regis: Captain Smith, in the Swallow, took the Fellowship, and Hart-Frigate: Captain Pecket, in the May-flower, took the Providence Regis: Captain Thomas, in the eighth Whelp, took the May-flower, Admirall of Falmouth, and chased on shore her ViceAdmirall and Rear-Admirall at Brest; also he sunk a Frigate of Sir Nicholas Crispes: Captain Thomas, Captain Ellison, and Captain Whitty, being all in company, took one Man of War: Captain Ellison in the Providence, sunk a Man of War of Foy, and also the Fortune of Dunkirk: Captain Stansby, the Providence, and Captain Rew, in the Robert, took Brown Bushell's Frigate, called the Cavendish: Captain Pet, in the Mari-rose, took the Roebuck-Frigate of Dunkirk: Captain Coppin, in the Grey-hound, took the Constant, Captain Skinner Commander of her: Captain Clark, in the Josline, took the Swan-Frigate, &c. Captain Haddock, in the John, took a States Man of War laden with powper Regis: going to Scarborough; and also the Salvator: Captain Beddall, in the Hector, took the Black-horse, and Captain Denton's Ship, and two Men of War of Scarborough; and likewise an Ostend Man of War, bound for Scarborough: Captain Gattensby, in the Prosperous, took a Danish Man of War laden with Arms: Captain Stansby, in the Providence, took the Jennet, a Dunkirk Man of War: Captain Gilson, in the Constant Warwick, took the Royalist: Captain Cox, in the Royalist, took a Dogger-Boat of four Guns: Captain Pilgrim, in the Sampson, took a Dogger-Boat: The Irish Squadron, took the Welcome-Pink, Encrease; Tryall-Pink, Charles Trough, Peter-Frigate, and the William and John: Captain Wodward, in the Roebuck, took a Dunkirk-Frigate of Falmouth; which Frigate is now in the Service, as most of the rest are. Besides at least 110 Merchant-Ships, trading in and out of those Ports in defection to the Parliament, with Ammunition, Money, and Goods, that have been taken and made Prize by the Parliament-Ships, to a large Sum; and many that have been recovered to well-affected persons; and divers that on the earnest request of the Spanish, French, and Dutch Embassadours, that have been delivered back unto them. By which it does appear that some shot have been made in anger, and not onely at Sea, but it is well known to the Parliament, that the Navie hath not had the least share in preserving of Plymouth, the Isle of Wight, Hampton, Portsmouth, Weymouth, Lyme, Hull, Wales and Ireland and divers other places which otherwise had been in the hands of the Kings Forces at this time: Neither must we omit the great service done in the Downs, in Anno 1642, where, by the wisdom and valour of the Right Honourable Robert Earl of Warwick, Admirall in the James, Captain William Batten, Vice-Admirall in the Saint-George, and a mixture of Sea-men, Commanders of the best of his Majesties Ships, then in the Downs; At which time there was a Message sent from his Majesty, by the hands of Sir John Pennington and Master Villiers, directed to the Earl of Warwick, therein requiring the delivery up of the Fleet into the hands of Sir John Pennington, appointed by his Majesty to be Admirall: This Message being spred amongst the Commanders and Sea-men in the Fleet, it invited the greater part of the Gentlemen, who commanded divers of those Ships, then present, to submit unto his Majesties Message, and to stand upon their guard, refusing all commands, the Earl of Warwick laid upon them in obedience to the Parliament. The names of the Captains and Ships on either side, are hereafter expressed. But it pleased God, that by the integrity of the Sea-men (who faithfully stood to that Noble Lord,) the Commanders of such Ships that revolted from the Parliament, were quickly suppressed and reduced to his Lordships obedience, who placed other Captains in their room: which was a very great Service; and indeed (under God) the protection of the Parliament and Kingdom: for had his Majesty been possessed of that Fleet, he would thereby have been Master of the Seas, and blockt up the City of London in their Relief and Trade: By which all men may see, that the many hundred thousands of pounds, which (Master Burrell saith) hath been spent, is not wasted in vain, as he maliciously suggesteth. In the second place, Master Burrell saith; The Officers of the Navie have been advised how they make part of the Navie able to subdue the Kings Men of War, with the saving of one 4th part of that vast charge which hath been spent at Sea: but in opposition to any good advice, they will not be moved to reduce one of the old Ships for a triall; and though the Kingdom perish, they will persist in deluding the State, commending and supporting the Title of a Royall Navie, when in truth it is unserviceable, I beleeve I may safely say, contemptible, in the esteem of Strangers. Ans. We cannot but wonder at the imbecillity of this man, who contrary to the opinion of the ablest Sea-men and Ship-wrights of this Kingdom, would cut down the best Ships in the Navie, and make them nimble Frigates; as if the three Frigates now building, and near twenty more now in the Service, were not (by Gods assistance) able to subdue half a dozen which are left untaken of his Majesties Men of War, and the most of them of so small a force, that they are not considerable, if any of the Parliaments Frigates meet with them. And for saving of one 4th part of the charge, we beleeve, if he bring the Navie into such a posture as he pretends, from Ships to Frigates, he may very well save one 4th part of the charge, both in men, Victuals, and Ordnance: But we desire to know of this Dull Carpenter, how he will do this without disabling the Navie: And for supporting the Title of a Royall Navie, we dare presume to aver and maintain, and that in despite of Malignants, and all Enemies to the King and Parliament, That no Prince in Christendom hath so many brave Ships for a defensive and offensive War, as the Kingdom of England hath at this present; having of the first rank 4 Ships, that carry from 50 to 80 peeces of Ordnance, 12 Ships of the second rank that carry from 44 to 50 peeces of Ordnance, 9 Ships of the third rank that carry from 36 to 44 peeces of Ordnance, and of the fourth rate, 3 Ships which carry from 24 to 32, 2 Ships of the fifth rate carrying from 16 to 20 peeces of Ordnance, besides 20 Ships and Frigats which the Parliament hath bought and taken. And if these Ships appear contemptible in the eyes of Strangers, we shall refer it to the judgement of any moderate man: As also whether it be fit, that Master Burrell should publish to all Strangers, That the Navie of this Kingdom is in an unserviceable condition; when it doth appear to all men, that it was never better managed, nor in a better posture, then now it is. In the next place, Master Burrell saith; The Officers of the Navie do know that the Navie hath not performed any good Service for the Kingdom, since these distracted Wars began; yet such is their plotting, that they will continue it in an unserviceable condition. Ans. The Officers of the Navie do know, that the Navie hath performed many good Services for the Kingdom, as it is set forth in our Answer to the first Article: And our plotting hath never been otherwise, then for upholding and maintaining the honour of the Navie. In the fourth place, Master Burrell saith; That the Officers of the Navie being thus resolved to accomplish their own ends, they suffer the Royall Navie to lie rotting at Chatham and Portsmouth, at a dear rate, a rate that exceeds all former Presidents; and that they hire the worst of Merchant-Ships and Colliers, to serve in their room: and that he is bold to say, they are more sluggish then any Ships in the Navie; and some of those Ships are belonging to the Officers of the Navie, and some to Parliamentmen. Ans. To which we Answer, That it is false; for the Ships of the Navie were never better repaired, upheld and maintained, then since they were in the hands of the Parliament, as by our particular Answer hereafter shall appear: And as for their lying in Harbour, and MerchantShips take up to serve in their room, it will appear that there hath been yearly employed at Sea, as many of the Ships of the Navie, as was held in the wisedom of the Parliament fit, for the number of men assigned for the yearly guard of the three Kingdoms: which men, had they been employed in the Ships of the Navie, most of them being great Ships, would have contracted a vast charge, and not have spread sufficiently to guard the three Kingdoms: For example; There hath been employed yearly from 60 to 70 Sails; viz. upon the Coast of Ireland and Lancashire, 25 Ships; for the guard of Severn and Wales, 5; for the guard of the Channell of England, 15 Ships; for the guard of Guernsey, and those Islands, 3; for the Downs to attend Convoys, 8; and for the guarding of the North Coast, and Kingdom of Scotland, 12 Ships. By which it will appear, there is a necessity of hiring Merchant-Ships, in regard the Navie consisted but of 32 Ships when we came in Office; and the hiring of Merchant-Ships is no other then what hath been usuall in all times of War, time out of mind: And if the whole Navie should be yearly employed; besides the vast charge it would contract, it would be too great an adventure for the Kingdom to undergo: for if the Fleet should by casualty of Weather, or by accident of War, miscarry, there would be no reserve left to make another Fleet, and so the whole Kingdom exposed to danger; whereas if six or eight of the greatest Ships be left in Harbour, with the assistance of thirty or fourty of the Merchant-Ships, (which may be alwayes had in the River of Thames,) they will make a sufficient Fleet to encounter any Force that shall come against them: Besides, the Merchant-Ships do cost the Kingdom nothing near the charge that the great Ships of the Navie stand in; and yet they run the adventure of their Ships, Ordnance, and Ammunition: If in case the great Ships of the Navie be employed in the room of Merchants, the State bears the adventure, which in case of losse of a second RateShip, will amount to 25000 pounds. We say not this to discourage the Parliament from building of more nimble Frigates, which may lessen the hiring of MerchantShips, if there should be the like occasion; but to let your Honours know; there hath been nothing lost in taking up Merchant-Ships in the room of the great Ships of the Navie. And further, if all the Navie should be constantly employed at Sea, they would be so out of repair in two or three years, that the Sea would be left unguarded by them, and so be forced to hire all Merchant-Ships. And as for such Ships Master Burrell saith belong to Parliament-men, and the Officers of the Navie; we refer you to our Answer to Master Burrells particulars. In his fifth Article, Master Burrell affirmeth, That those Captains that have been most valiant, have been discouraged; and those that have deserved punishment, preferred to places of trust; and in particular, Captain Man, with others. Ans. In Answer to this charge; because we will not reiterate things twice, as in some things we are forced to do, in regard of Master Burrells wandering progresse; we shall herein refer our selves to his particular charge, wherein we doubt not but to give your Honours satisfaction. In the next place, he makes a long discourse of Services done by Captain Man and Captain Gilson, in two nimble Frigates, against Mucknell in a great Ship; and makes his inference, That if two nimble Frigates can destroy so great a Ship as Mucknells, with 42 peeces of Ordnance, there is no Ship in the World able to encounter a Ship of the second rank, being fortified with 20 Demi-canon, every shot weighing 32 pounds. Ans. For Answer thereunto: It is false that those 2 Frigates, although accompanied with another good Ship of 20 peeces of Ordnance, all three having 62 Guns, and manned with 280 men, yet did destroy Mucknells Ship, she not being of the force of a third rate Ship in the Navie; But rather foiled them all, and forced them to leave her; by which means, the next day, she went for Silly, where in going in (for want of a good Pilot) she was cast away: Whereby it doth appear, that Master Burrells Observation is grounded upon a false Principle; For if a Merchant-Ship was able to defend her self from three Frigates, armed with whole Culverin and Demi-culverin, and not with small Ordnance, (as Master Burrell saith,) much more might she have done against one Ship with one Tire of Ordnance: But on the contrary, had one of his Majesties Ships of the second or third rank, come up with Mucknell, fortified, as now they are, with two Tire of Ordnance; doubtlesse Mucknell must have submitted: And we do beleeve, That if any such Ship had been in view of Mucknell, she would have sailed as well as Mucknell's Ship, and not been liable to that foule aspersion of being sluggish, wherewith Master Burrell brands them. In the next place, Master Burrell saith, There is a want in the Fleet, of Pistols, Pole-axes, Swords, and Fire-works. Ans. To which we Answer; It is not the duty of our Places to furnish any Ammunition, but belongeth to the Officers of the Ordnance: yet we do verily beleeve, that for all such Arms as are usefull for service, are by them supplied; the rather for that we have heard no complaint from any Commander employed in any of the Kings Ships: but as for such Merchant-Ships as are taken up by us, they are furnished with Pistols, Swords, Pikes, and all other Arms for War, fitting for defence and offence. In his eighth Article, Master Burrell reciteth the new Frigates, and would lay an aspersion on the Officers of the Navie, That they should give to the Master Ship-wrights Directions in the building of them; and that when they were built, they would not be so serviceable as they should be, the work being destroyed before it be begun. Ans. What Master Burrell sets down in this Article, is false and untrue, we having already set forth, by whose Directions these Frigates were built: and if they prove unserviceable, (as we beleeve the contrary,) yet they cannot be so bad as the Mari-rose, built by Master Burrell, being the most sluggish Ship in the Navie; which we have lately had in the Dock, and caused to be lengthened Aft, with other works done unto her, endevouring to make her a serviceable Ship. And as for the work being destroyed before it be begun, that seems to us a Paradox, and carrieth no more truth with it then what else he hath set forth. In his ninth Article, Master Burrell begins to tell his old Story with a piece of Non-sence, in these words: Vnlesse the Parliament do thus at an excessive charge, send many great sluggish Ships to Sea, the honour of the Sea is lost, and so lost, that it cannot be regained; and yet in a contradiction salves up the matter and saith; But by reducing the Navie into a serviceable posture for these times, into a nimble condition, with one Tire of Ordnance and no more, and some Drakes for close Fights, with this caution; the greater the Ship is, the greater the Ordnance, and number of men, as the Ship can well accomodate. Ans. By the first part of Master Burrells Non-sence, he would have sluggish Ships sent to Sea, or else the honour of the Sea is lost; but at last saith, That the Navie must be reduced into a serviceable posture for these times; as if the Navie were to be altered upon every turn of the Tide; and in stead of having the Navie maintained for the strength of the Kingdom against all forraign Forces that should invade the Realm, he would bring them to one Tire of Ordnance, pretending to suppresse the Kings Men of War, which are no other then small Frigates, Dogger-Boats, Sloops, and the like: and then indeed he would make Englands Navie contemptible, both at home and abroad. Then he layes down what manner of Ordnance he would have put into the first, second, third, and fourth Rate-Ships. Ans. For Answer thereunto: This Gentleman it seems would go about to teach Minerva, to instruct others, that know better then himself: And whereas he would have none but whole Canon, Demi-canon, whole Culverin and Demi-culverin, according to their severall ranks; we conceive that the Ordnance of his Majesties Ships are already so well proportioned, and with such good advice, that there needs none of Master Burrells Reformation. In the next place he saith, The common Sea-men are so grosly cozened of their thirds of Prize-goods, that many thousands have left the Kingdom; and those that remain, so dis-heartened, that no good Service can be expected. Ans. Although this charge concerns not us, yet to our knowledge it is most false, as the Collectors for Prize-goods will make it appear, when they shall be thereunto called. And for the many thousands of Sea-men that have left the Kingdom; this is as true as the rest: for we could never learn of any that deserted the Parliament, but such as have alwayes lived as Pirats and Robbers at Sea formerly; the Kingdom being better without such than to have them. The Gentlemans Conclusion is, That Ship that doth not sail well, cannot serve well; and that man that denieth this truth, and cannot shew a better remedy for a Reformation of the Navie, that man is wilfully ignorant, or a Traitor to the State. Ans. In this particular we shall be brief, and conclude; He that sets forth falshoods, and endevoureth to destroy the Navie, (being the Walls of the Kingdom,) and produceth no better reasons, is either grosly ignorant, or an Enemy to the Kingdom. And thus we have gone through Master Burrells false suggestions, scandalous informations and notorious falshoods; and for the Vindication of our integrity, we humbly submit to the Justice of the High Court of Parliament. MAster Burrell in his first Charge, saith, That divers of his Majesties Ships have been suffered to lie rotting in Harbour; as also foure of his Majesties Ships were lately condemned to be sold; yet such is the providence of the Officers of the Navie, that those rotten Ships are still continued, and do cost the Common-wealth, 1500.l. per annum , to keep them above water; and that by two other Ships, the State may save 1800.l. per annum , and neither weaken, nor dishonour the Navie. Answer. To which we answer, That it is false, and scandalous; for we shall make it plainly appear, That onely those ships mentioned by him but the whole Navie is in a farre better condition, then when his Majesty left the Parliament. And first for the Soveraign; she was carved, graved, and trimmed, both under water, and above water, and made fit for the Kingdoms service, the last Summer. And that since his Majesties absence; there have been repaired in drie Dock, the Saint Andrew, Victory, Charles, Vnicorn, Vantguard, Constant, Convertine, Guard-land, Bonaventure, Anthelope, Swallow, Mari-rose, and Warwick Frigate, besides the Triumph, Providence and Iohn in the Dock; which Ships when his Majestie left them, were all defective, and most of them unserviceable. And as for the Nonsuch, Assurance, Saint Dennis, and Adventure, they were cast three years or more, before his Majesties departure from the Parliament; yet his Majesty would never suffer them to be sold, untill new Ships were built in their rooms. But the Parliament, at one instance, being informed of the yearly charge of those Ships, gave order in October last, to put them to sale; which was done accordingly, but in regard the Winter was come, and the charge would be great to the buyer to bring them up to London, no man offered a penny for them; but now the time of year is come, and three new Frigates upon the stocks, and shortly to be lanched, we have put them to sale sail. And for what other Ships, not herein mentioned, they are trimmed every year; and kept as well, as ever they were, since the Kingdom stood. And as for the two other Ships which Master Burrell mentions in the Navie, in which 1800l. per annum, may be saved, and neither weaken nor disable the Navie; we confesse, That is a good service, if Master Burrell can make it good, and we desire the Honourable Houses, that he may give reasons how it may be done, without weakening the Guard of the Navie. In the next place, he saith, That the May-flower is an old Ship, and hath formerly been a Collier, and desires to know how many Men of Warre she hath taken for the 18000.l. she hath received of the State. And that the John is an old sluggish Ship, and hath not taken one Prize, nor that her company have hopes to take any hereafter. And that the Nicholas is a very sluggish Ship; by which he would inferre, that the Parliament imployed none, but sluggish Ships. Answer, Concerning the worst of Merchant Ships, as Master Burrell is pleased to call them, the May-flower, John, and Nicholas: As for the May-Flower, she hath been ever held a good sailer as most in the River, and of good force, insomuch, that she fetcht feteht up, and fought with three Dunkirk Frigates in Seavern; and had taken them, if an unfortunate shot had not killed the Captain, by name Captain Cock: Besides many good services done by her upon the coast of Ireland, both in the relief of Youghall, and taking Dingley Couch; she likewise took the Providence-Regis, in Humber, and after beat the enemy from a Fort upon Humber, and took their Ordnance. And as for the John, she is no Merchants Ship, but belongs to the State; yet when Captain Haddock was in her, she tooke a States Man of War, which was laden with Powder, Arms, and Merchants goods, bound into Scarborough; which Powder and Arms were of great use to the Scottish Army, when they came first into Sunderland; with other Ships laden with Iron, Deals, &c. all which were made use of by the said Army. And after Captain Zachary came into her, under God, the said Ship and her company had not the least share in taking in of Scarborough, in keeping the enemy from water, as also all relief by Sea, although attempted by the Kings Men of War; and in a skirmish on shore, the Captain lost his life. And as for the Nicholas since she hath been in Ireland, she hath done as good service as any Ship whatsoever; although Master Burrell brand her, yet Captain Crowther the Vice-Admirall in his letter to us, desired that she might be continued in the last winters service, being an active Ship. And as for the 18000l. received for the May-flower, we think it is far short of that summe. Yet when victualls, wages, wear and tear, are deducted, there will no great matter remain for the Adventure, which remains yet unpaid, and due from the State; as likewise to all other Merchant Ships that are in the service; by reason of which, we had much adoe to get a competent number of Ships, to serve for this Summers expedition. By which your Honours may perceive how Master Burrell seeks to disgrace the Merchants Ships, as he hath done the Royall Navie: yea those Merchants Ships that have done the Parliament best service, as in his next Article will appear. In the third place, Master Burrell begins to racke his memory, and complains of divers other good Ships, and saith, they are Colliers, and calls them the worst of Ships; as the Hector, the Dragon, the Green-Dragon, the Hopefull Luke, and the Exchange. And that there were seven Dunkirk Frigates, offered to be sold to the Officers of the Navie, for lesse then 5000l. But the Officers of the Navie refused them, and thought it better thrift to bestow 11000l. upon three Frigates, and that when they are built, (if they be built according to the directions given by the Officers of the Navie to the Master-Ship-wrights) he believes (as he doth all things else) that they will not be serviceable, as those of Dunkirk and (saith he) those Dunkirk Frigates so offered to this State, being encouraged by the King, and manned with discontended Sea-men for want of their thirds; have taken many Ships and goods from the Merchants of London, to an inestimable value. Ans. In the third Article, concerning the taking up of Colliers, which Master Burrell calls the worst of ships: And first for the Hector, Captain Beddall, she hath done very good service; first in taken a Ketch laden with Butter and Coals which came out of Newcastle, which vessell she fetcht up in foure houres chase, meerly by sailing ; the next he took was Galliot Hoy, which came out of Newcastle with three thousand and odde pounds in money to buy Armes, as likewise letters of credit for three thousand more, the rest Coals and Grindstones; in five houres chase she fetcht her up, notwithstanding, she was a choice vessell for sailing, taken up for that purpose; and Captain Cork, Treasurer to the Earle of Newcastle, (who was imployed to buy the Armes) was in her, and brought prisoner to Dover. The next she took, was a Kings Man of Warre, called the Black-horse, which he chased a shore, and after took her, and brought her to London: the next he chased Captain Denton a Scarbrough Man of War a shore, which was then cast away; and after chased another Man of Warre, with divers provisions bound for Scarbrough, which he chased till he had had spent, his mast; and after took him, and carried him into Burlington; the next was a Collier, conveyed by Brown Bushell, which he took, and sent into Hull. Since that, he rescued two North-Seamen, out of the hands of a Scarborough Man of Warre, with diverse other good services, which did conduce to the benefit and honour of the Parliament, which the said Captain Beddall can give a more particular Accompt of; and this is one of the Ships Mr. Burrell calls a Collier, and the worst of Ships. This Ship hath been victualled, and manned by the State; and hath taken more prizes, then foure times her fraight amounts unto, the Ships Hull hired for 62l. per mensem: And indeed these Ships (although by Master Burrell called Colliers) yet by reason of their great force, and small draught of water, are the most fit Ships for that Coast, except Frigates, especially in Winter time. As for the Dragon, and Green-Dragon, they were taken up by the Committee for Newcastle, to carry Souldiers to Holy-Island: and afterwards in regard of their good service there, and at Barwick, they were taken up by Order of the Honourable Committee of the Navie, to guard the Northern Coast; where they afterwards performed very good service, in so much that Captain Greens Ship called the Green-Dragon (which Master Burrell calls the worst of Ships) took divers Prizes, and being in fight with one, the Captain was slain, and yet the Prize was taken. The Hopefull-Luke was a Merchant Ship, and no Collier, and the first voyage that ever she made: And the Exchange was never imployed in the service of the State. And as for the seven Frigates so mentioned in his charge, we heard of it upon the Exchange, and did acquaint the Honourable Committee of the Navie therewith; and although money (at that time) was so scarce, that the Committee could hardly find money to pay Marriners wages, and set forth our Fleet; yet notwithstanding , they bought the Warwick, Cignet, Starre, Hind, Lilly, and Crescent Frigates, which are now in the service. By this your Honours may perceive how farre we have been from opposing the buying or building of Frigates, but have rather endeavoured to increase the number of them, being now at least twenty. And whereas Master Burrell saith, they might have been bought for five thousand pound: he doth not tell your Honours, That they would cost to be set to Sea, double the first cost; as by experience we have found in the aforesaid Frigates. And whereas he chargeth us with giving directions to the Ship-wrights, for the building of three new Frigates, it is false; for the master Ship-wrights, with the Assistants of the Master of their Hall and the Master Carpenter of the East-India, Company, gave us under their hands, the dimensions and scantlings by which the said Frigates should be built; and we doubt not, but they performing their duty, one of these Frigates will be more serviceable, then three of those mentioned by master Burrell. And as for the discontended Sea-men, where with the King hath manned his Ships, we are sure they had no cause to be discontended, neither with the Parliament nor us; for the Honourable Houses of Parliament, have been pleased to augment their wages foure shillings in a moneth, and give them the one third of all they took, which to moderate men should have been an engagement: but in regard we are not of one mind, as well by sea, as by land, and some had rather live Pyrates, then in an honest calling, there may be some English (although not thousands) out of their ill affection to the Parliament, that have deserted the Cause, and yet in the Kings Men of Warre, there are three strangers for one English man. And as for the Merchant Ships that have been taken, some have been surprised in going from their Convoy. And if Dunkirk, being a small fisher-town, taketh from the Hollanders, every year at least eightie, or a hundred sail of ships, and some years more; notwithstanding, their great Fleets, set out every year for suppressing of them; how much more may all those Ports of Flanders, France, Holland, and Denmark infest our Coasts, and yet in all this time, they have not taken any considerable Ship of force. In the fourth place, He falls upon some Members of Parliament, to wit, Master Vassall, and Master Bence, That they are owners of some sluggish Ships now in the service; as if their Ships were not as well able to serve, as any other Ships in the Kingdom, and likewise would fain make all the Commissioners of the Navie, Owners of such Ships as are unfit for the service of the State; when indeed and in truth, Master Burrell careth not what Ships they have, so he may have their places. Then he saith, he hath a new complaint which he hath (worn thred-bare, and as false as the rest) testified by witnesses, (and never a word true.) And that is, that the best of Prizes have been estranged from the Parliament, and possessed by the Officers of the Navie, and their associates; And that those Ships have taken many rich Prizes, and when they have taken them, the Officers of the Navie have paid them off with the Parliaments pay, not allowing those that have been most valiant, one penny for their shares, when the Prizes taken, have been worth 11000l. And when the Sea-men demanded their shares, one of the Officers threatned them with imprisonment: By which unkind usage (saith Master Burrell) many thousand common Sea-men have been occasioned to leave the Kingdom, and to serve against the Parliament. Then Master Burrell doth beseech their Honours to give him leave to acquaint them. that there is a Danish Ship now in the River of Thames, and saith, it is said, she was taken from the Danes by authority of Parliament; but saith, he knowes not whether Prize or no: But this he knoweth for certain, that Ship is fitter for the Parliament, then for any Subject in the Kingdom: and wheresoever the mystery lieth (saith wise Master Burrell) that Ship was worth foure times so much money, as she was sold for. Answer, Master Samuel Vassall doth owe part of the May-flower, which is a serviceable Merchant Ship, and hath been often imployed, both in the Straits, and in the West-Indies, by diverse Merchants in London, being fortified with twenty eight peeces of Ordnance, and three Decks, and never understood by us to be a Collier, or sluggish, as afore is declared. Master Alexander Bence, oweth a sixteenth part of the Blessing, being a fit Ship for a Man of Warre, as any Ship of her burthen, in the River of Thames, and no sluggard, as Master Burrell would have her. And as for the Angel, we know of no such Ship in the service. And whereas Captain Crandley, and Captan Morris, are said to be owners of the Anne Percie, it is not true, although the Ship be without exception, fit to serve any Prince in Christendome. And whereas master Burrell saith, that Captain Crandley, and Captain Tweedy owe part of the Honour and Providence; it is true Captain Crandley, owes part of the Providence, though not in the service, as likewise the Honour lately burnt. But as for fot Captain Tweedie, to be owner of either of them, or of any other Ship in the service, it is false and untrue; although both the said Ships were, and are serviceable both for the State, and Merchants, as appeared by the Honour, which fought with six of the Kings best Men of Warre, off Holy-head in Wales, and beat them into Bristoll, and yet not in the States service. And whereas we are charged with severall Prizes taken by the Parliaments Ships, estranged from the Parliament, and possest by the Officers of the Navie, and their associates, and paid with the Parliaments pay, and their chief Commanders Irish: We answer, it is notoriously false and scandalous, as what else touching this Article; And we desire your Honours would be pleased, that he not proving it, we may have vindication, and be repaired in our reputation; which to us is as dear as our lives. And as for the Danish Ship, we know of such a Ship taken by Captain Batten, and after delivered by the Honourable Houses of Parliament, to the Merchants Adventurers, together with her goods brought from the East-Indies, which was by them sold, in satisfaction for their wrongs received from the King of Denmark; and whether sold cheap or dear, it no way concerneth the State, nor us. By this your Honours may perceive the malice of this silly ignorant man, that will inform your Honours with that, which he cannot in the one, nor dare not in the other, make good. Master Burrell recites diverse Captains, by name Captain Man, Captain Ellison, Captain Wills, Captain Wild, and Captain Wappell; which he saith have done very good service, but never received any reward, or preferment; And would make the world believe they are as discontended as himself, insomuch, that he saith they would leave the Kingdom; when to our knowledge three of them are now at Sea, in the service of the Parliament in three good Ships; and are neither discontented, nor unrewarded, as Mr. Burrell would have them to be. Ans. As to the fifth Article, touching Captain Man so much commended by Mr Burrell for his valour, wherein he saith, he hath deserved a gold chain for his service against Mucknell; we confesse had he and his consorts persevered and taken Mucknell, they all had well deserved a good reward, but leaving him to harbour himself in Silly (where he run his Ship upon a rock) we cannot conceive how he or they have deserved a reward; yet for his incouragement, we suppose the Honourable Committee of the Admiralty hath well preferred him, from the command of a small Frigate, to command one of the best third rank Ships in the Navy. As for the good service of Captain Ellison, we are well satisfied; but that he hath not received any shares, of what is due, we cannot believe; or that he should make any such complaint unto Master Burrell, and not rather unto those, who would do him right. As for Captain Iohn Wills, we marvell he should complain of all others; for to our knowledge, he is well satisfied in the Service, being Captain of a small Ship, the Lucie, he left the said Ship, and lived ever since on shore; and if he be such a man, as Master Burrell sets down, that he was intended to leave the Kingdom, and to seek employment in other Countreys; truely he is not to be trusted by the Parliament: for satisfaction of which, it will be necessary to question him before he takes the command of Captain Plunkets Ship, being appointed by her owners to be Commander of her, in the States Service. And as for Captain John Wild, he hath been employed in the Service; and what his deportment was, we leave to the relation of the Right Honourable the Earl of Warwick: but in his last employment, he was Captain of the Cignet-Frigate upon the North-Coast, where we were given to understand, that in that Service, he and Captain Wills in the Lucie, took 4 Ships in Lynne-Deeps, belonging to that Town, when the Earl of Manchester was before it: his Lordship having taken the Town, the owners of the said Ships petitioned his Lordship, for restoring of the said Ships and Goods; upon which his Lordship was pleased to grant them their Ships and Goods again, they paying the Captains 400 pounds salvage, viz. 100 pounds amongst them and their Marriners in money, and a bond of 300 pounds to pay to the Captains at a certain time; which we understand they have received, but ought (in our opinions) to be accountable to the State, in lieu of the Ships and Goods, which were Prizes: besides they pillaged the said Ships, as by complaint to us from the owners: By all which it doth appear, he hath no cause to complain for his thirds: And if he be such a man as Master Burrell makes him to be (which we do not beleeve,) we leave it to your Honours grave Wisdoms, to consider whether he be so fit a man as Master Burrell makes him, being one of those (as Master Burrell saith) that out of discontent would leave the Kingdom. As for Captain Wappall, he had almost starved his men upon the Coast of Ireland, insomuch, that they brought away the Ship for want of Victuals, when Sir Charles Coote had most occasion to use him, after the taking in of Slego, the businesse being taken into examination before us; and this is another of Master Burrells men, that would leave the Land; which, if so, are not fit men to be trusted by the State. And as for Captain Hawkeridge, we doubt not but the Right Honourable the Earl of Warwick knows him well; and questionlesse, if his Lordship had found him so capable of employment, as Master Burrell pretends, he had been preferred as other men. And as for his Giant Captain Hodges, as Master Burrell calls him, he alwayes served in a private Man of War; by which employment, he made so good use of his time, that he hath purchased a great Ship, with which he is gone for Venice, laden with Merchants Goods; and not out of any discontent, as Master Burrell would have it, but for his own advantage. In the sixth place; he saith, That divers persons are employed in the Parliaments Service, that have deserved punishment; and in stead thereof; have been preferred to places of trust; and nominates Captain Shaftoe. Ans. Concerning Captain Shaftoe, we did receive information, that he released (after he had taken) one Leyton; who afterwards (as is said) went into New-castle: Captain Shaftoe, after his coming to Town, did acquit himself, by divers witnesses, of that crime; and will be ready at all times (being now Commander of Holy-Island) to give the Honourable Houses further satisfaction. As for his Bill for his Ships Pay, mentioned by Master Burrell, to be branded by Master Holland, in regard of the crime above-said; it is true, it was so done by him against our consent, long after he had signed it; but in regard we could not lay any just charge to Captain Shaftoe, and the money belonging to the owners, and not to him, for the Service of the Ship; we could not in justice, but take off the brand of the Bill; Captain Shaftoe being a responsible man, to answer any thing that afterwards should be laid to his charge: and to our knowledge, he is a man that hath been faithfull to the Parliament, having done speciall Services in landing in Northumberland, by the command of Captain Edward Hall, with the Anthelopes men and his own, being about 150, and coming to Colonell Hagerstons house, being very strong, summoned it, and took part of the out-houses, and after, the Colonell himself thinking to escape away, his horse was shot under him, & so taken, as also his Son in the House; where they found store of cloth for Souldiers coats for the Colonells Regiment, which he was raising: the taking of the said Colonell, and bringing himself, and some prisoners, was the break-neck of that Regiment; which was at that time an excellent piece of service: In the next place, he most desperately entred into the Port Holy-Island, the Castle and Island being for the King; and having not above 100 men, he first took the Town and the Island, and afterwards summoned the Castle, and had it delivered to the use of the Parliament: for which good service, the honourable Houses made him Captain thereof, where he remains to this day. And as for Master Hollands forbearing 14 moneths to sit in Commission for this and many other abuses, as Master Burrell pretends; we humbly desire, that Master Holland may be examined, what these abuses were, and by whom committed, that, if so, they may receive condign punishment. In the seventh place, Master Burrell chargeth Captain Peacock with treasonable practices, and saith, That he took a Vessell, whereof was Master, one Hixon, laden with Arms and Ordnance for his Majesty, and when Captain Peacocks men would have gone on board to search her, he denied them, and told the men she was laden with Apples, bound for Scotland; and after private conference in the Cabine together, Peacok set Hixon at liberty, and Hixon went into Newcastle, while Peacock was in sight of him, and there delivered divers pieces of Ordnance, and other Ammunition for the King: for which treachery, saith Master Burrell, Peacock did neither suffer punishment nor fine, although the Articles against him were exhibited to the Officers of the Navie, and proved against him; yet notwithstanding the great complaint, Peacok is lately made a Captain of one of the Parliaments Ships. Ans. As for the charge given against Peacock, we found no just proof against him, referring him to his defence presented to the honourable Committee of the Admiralty, by which we doubt not but he hath given full satisfaction, before their Honours admitted him into the service again, being now Captain of the Warwick-Frigate. In the next place, Master Burrell chargeth one Bramble with cowardize, and saith, he was to convoy William Hazard in the Gift of God, from Ireland, with fifteen Masts for the Service of the Navie; and Bramble commanding one of the Parliaments Frigates fortified with sixteen peeces of Ordnance, met with two of the Kings Men of War, and at the sight of them (as Master Burrell saith) ran from his charge, and left Hazard to the mercy of the Enemy, who carried him into Falmouth; for which cowardly Service, Bramble was put out of the said Frigate, by the space of a year; but of late preferred to be Captain of one of the Parliaments Ships. Ans. Concerning Captain Bramble leaving of his Convoy, which came from Ireland, with fifteen masts; It is true, that two Frigates chased his Convoy in the morning, at break of day; and she being so far a stearn, could not recover her before the Men of War had possession of her, (as we are informed:) and since that, he hath been Master of the Anthelope with Captain Hall; where he behaved himself so well, that the said Captain Hall recommended him to the owners of the Ark, a Merchant-Ship, whereof he is now Commander. The ninth and last Quere (as he saith) is of great concernment, and thinks it not fit the common Sea-men should be acquainted with it; and further saith, he finds them so full of discontent, that if he should give them any encouragement, he fears they would be offensive to the Parliament, because (as Master Burrell saith) they have been grosly cozened in their thirds of Prize-goods, taken by Captain Swanley and Captain Moltons Squadrons, worth a great value, but (he saith) obscured by transaction. Then he falls again upon Reformation, and reducing the Navie into a serviceable posture for these times, and such a Reformation, as will enable the Parliament to recover the Soveraignty of the Seas: And the jest is, he will defend England it self from being invaded by Turks and Landrobbers; and saith, The honour of the Sea is lost, and the money spent little better, than cast into the Sea. Ans. Concerning the fear he hath of the common Sea-men, of their coming to clamour at the Parliament-door; we beleeve there are no such men, except promoted by Master Burrell and his Agents. And for the Prizes taken by Captain Swanley and Captain Moltons Squadrons, we refer them to the Collectors for Prizes and Prize-goods, who can give a very good account thereof. As concerning the Gentlemans conclusions, of his mark and aim for reforming of the Navie into a serviceable posture; We hope we have given a full satisfactory Answer to your Honours: But we wonder that he should be so impudently bold, as to charge the Parliament with the expence of so much money to be spent at Sea, or rather cast into the Sea; when it appeareth, that the Navie, under God, hath not had the least share in preserving the Kingdom, for the reasons given aforesaid. And as for the honour of the Sea, we dare be bold to say, it hath never been better upheld, then since our Fleets have been abroad; where they have been, and still are Masters of the Seas, in the face of the Parliaments Enemies. And as for the Reformation of the Navie so much mentioned by Master Burrell, we know not what he means, unlesse it be to destroy it, if it be no other than what by him is set forth; and in former times would have been held treason, if any Projector that should have endevoured to put the same in practice. And we much wonder, that he, or any man, dares presume to inform the Parliament, to bring Englands Royall Navie into such a contemptible and weak condition, as this Gentleman would do by his Reformation, contrary to the opinion of the most skilfull Sea-men and Ship-wrights of the Kingdom: And therefore we could wish, that Master Burrell, so much insisting upon a Reformation of the Navie, would first reform himself of such grosse ignorance, of which he now stands guilty. And thus we hope we have answered both his Generall and Particular Charge, referring both it and our selves to the grave Wisedom of the honourable Houses of Parliament, from whom we hope to have vindication, and reparation for those many unjust aspersions and false accusations against our persons and reputation, set forth by Master Burrell, in his Pamphlet. THen he writes his Postscript, and shews of what rank the Ships shall be, which he intends to reform; and then he saith, If the State had ten times as many Pinaces, and ten times so many Frigates as are now employed, the honour of the Sea cannot be maintained by them: It is the Ships of the Navie that must, and (if they were reduced) that can recover and maintain Englands honour; It is the Ships of the Navie, and not the Pinaces and Frigates. And then begins to make his recantation, as he thinks and saith, That whereas he saith the Admiralls, Vice-Admiralls, and Rear-Admiralls, have not shot one shot in anger, since these distracted Wars began, his intention was, and is, that they have not shot one shot in anger, viz. in offence or defence, in a Warlike manner, against any of the Kings Men of War, or any other Ship that have affronted them. Concerning reforming the first, second, and third rank-Ships, we have given so full an Answer already, that we shall not need to reiterate it again; Onely in the ten times so many Pinaces, and ten times so many Frigates, the honour of the Seas cannot be maintained: It is the Ships of Englands Navie (saith Master Burrell) that must maintain the honour of the Sea; which we agree unto; but not to reduce them into the posture of Frigates, with one Tire of Ordnance, as Master Burrell would have them. And as for the Admiralls, Vice-Admiralls, and Rear-Admiralls, That his meaning is, they have not shot one shot in anger, in offence or defence, in a Warlike manner, against the Kings Men of War; He makes the cure worse then the disease, and abuseth not onely that Honourable Lord, but all other Commanders, as if they did not know how to defend themselves, or offend and Enemy in a Warlike manner.

Miscellaneous

To the Right Honourable the High Court of PARLIAMENT.

The answer of the Commissioners of the Navie, to a scandalous pamphlet, published by Mr. Andrewes Burrell.

MscB1658

SECT. 1. THat a Subscription be made by such whose hearts are affected with Gods Glory, and the Churches good in the advancement of learning and piety. Sect. 2. And because subscriptions of this nature, though happily begun, have heretofore failed, lest it should happen so in this case (whereby the whole designe would be frustrated, and Youths of excellent parts hopefully planted at the University forced to remove, besides many other inconveniences) we do earnestly desire that God would stirre up the hearts of those whose estates will bear it, to subscribe for eight yeares or more, or for ever. Which we shall look on as a Noble and Eminent act of Charity, and which present and future ages may have cause to blesse God for, and as the most proper and onely certain course to promote the intended designe, and to prevent the forementioned mischiefs, yet if any shall contribute any thing upon other termes, we judge it a very acceptable service, and we hope it will occasion thanksgiving to God on their behalf. Sect. 3. That the money collected, be disposed of by persons chosen to be Trustees not exceeding the number of fifty, whereof thirty to be Gentlemen or Citizens of Eminency, and twenty to be Ministers in or within five miles of the City of London; of which number any 7, to be a Quorum, whereof three to be Ministers. And that these Trustees do solemnly engage themselves to proceed in all things without partiality, as they shall judge best for the publick good, and not to be byassed by any favours or recommendations or respects whatsoever. And that when any Minister who is a Trustee dieth, or refuseth to act further in the businesse, or removeth ten miles from the City of London, or by the rest of the Trustees is judged to deserve dismission from this Trust, the rest of the Trustees, or any nine of them, (notice being given to the generality of the Trustees of the meeting, and of the end of it) being met together, proceed to choose another. And that they solemnly engage themselves to choose one whom for piety, discretion, learning, fidelity, activity, publick spiritednesse, ingenuity, and other necessary qualifications, they judge fit for the work. And that when any other of the Trustees, to wit, Gentlemen, or Citizens die or refuse to act further, or are by the rest judged unfit to continue in this Trust; the rest of the Trustees or any nine of them, (notice being generally given to the Trustees of the meeting, and of the end of it) being met together, proceed to choose another, and that they choose one of considerable quality, wisdome, known integrity, and affections to the advancement of Religion and Learning. Sect. 4. That the Trustees do choose a Treasurer (being a person of unquestionable fidelity) from year to year upon the twenty first day of March, to begin to exercise his Trust March the twenty fifth following, who shall be accountable to the Trustees once a Quarter, or to any seven or more of them; And that the Treasurers discharge be sufficient to any that shall pay the money. And that the Treasurer shall not dispose of any of the money, but according to the direction of the said Trustees, or any seven of them, (whereof three to be Ministers) met together for that purpose, (notice being generally given of such a meeting;) to be expressed in writing in a book to be kept for that use by one of the Trustees appointed by the rest. Sect. 5. That the Trustees, or any five of them, (whereof three to be Ministers) appointed by the rest or any nine of the rest met together, notice still being generally given to the Trustees of the meeting, shall go about to Schooles in or within twenty miles of the City of London, or thereabouts; and shall conferre with the Schoole-Masters, and out of six of the most ingenious Boyes being strictly examined, two of the best be chosen. And so to go from one Schoole to another. And because we would not have the benefit of this work confin'd to London, and the adjacent parts: But as we hope for help from diverse persons in the several Counties, and as for the future any County is capable of enjoying such Ministers as through Gods blessing shall be sent forth by the care of the Trustees, so for the present we would have ingenious boyes of any County to be capable of it, and therefore if any lad of rare parts from any place be recommended and found to be such, that care be taken to maintain him and instruct him more perfectly in some eminent Schoole where the Trustees think fit, and so send him to the University: or that for this present time (but no more) the Students be picked out of the most ingenious Scholars of the first or second year that now are at the University, six out of twelve: and that more respect be had to their parts, than learning, seeing learning may be added. And that for such as shall be chosen, if they have any parents, or such friends as have a power to dispose of them, both the students and their parents, or such friends shall promise in writing that they will submit to the Trustees for the education of such students, both as to the manner of it and the time, as both are expressed in this Model. Sect. 6. That the boyes to be chosen be, as of eminent parts, so of an ingenuous disposition, not enemies to godlinesse, nor such as have a sufficient maintenance any other way. That they be the children of such parents as are, 1. not Scoffers at godlinesse, 2. Nor men of corrupt principles as to the weighty poynts of Religion. 3. Such as are poor, or but in a mean condition: Yet if a boy be towardly and pious, his parents corruption shall be no prejudice to him, but godlinesse wherever it is shall be in a special manner considered. Sect. 7. That the boyes so chosen be sent to the University, and be there placed under such Tutours as the Trustees shall choose, (who shall be men as near, as may be eminent both for godlinesse and learning, and care of their Pupils) which Tutours shall have for their encouragement four pounds a year for tuition for each of these students, that there they have ten or fifteen or twenty pounds a year allowed them, as the Trustees shall think fit, till they be Batchelars, and if need require, and the Trustees see fit, that they be considered for their degree, (as also afterwards for their Master of Arts degree) and after they are Batchelars; (if they have been very diligent, &c.) twenty or thirty pounds a year, as the Trustees think fit. And that they shall be obliged to study to be eminent in the Latine, Greek, Hebrew, and other Oriental languages lauguages , and in the several Arts and Sciences, still reserving a power to the Trustees to consider the differences of the parts or dispositions of lads, and accordingly to accommodate them as they see cause. And that over and besides their ordinary Universities exercises, they be tied to special exercises in those things as shall be thought fit by the Trustees, and such learned men in the University, as they shall advise with, as the making of Speeches, Verses, Epistles, &c in the languages, holding disputations and making Lectures in the Mathematick, Civil Law, &c. Sect. 8. That they have their allowance continued for eight yeares, and that they intend and direct their studies towards the Ministry, and if contributions come in sufficiently above what shal suffice for the yearly maintenance of twenty Scholars at the University in order to the Ministry, some more eminently able be pick't out of the rest, (whose inclinations are rather to continue at the University, and who are fitter for it) who shall be allowed to take fellowships if it shall please any Colledge to bestow them upon them, and also have such allowance, as the Trustees shall judge fit, (according to the excellency of their parts and learning, and the nature of their work, and their having, or wanting other maintenance,) upon these conditions. 1. That they be obliged to take no Pupils, if they are Fellowes, but by the consent of the Trustees till they are Masters of Arts, and then not too many. 2. That as every ones genius leads him, and as he is judged fit, so he principally prosecute some one kind of study, one to be the Linguist and principally for Greek, and for Jewish and Rabinical learning, another the Historian, and Antiquary, another the Philosopher and Mathematician, another the Polemical Divine, one or more another the Practical and Casuistical Divine, another the Universalist. 3. That each of those employ themselves (when occasion shall require, and the Trustees shall reasonably desire) in such works as shall be useful and necessary. And if there be a sufficiency of contribution above what shall suffice for those before mentioned ends, the rest be employed as the Trustees shall think fit (provided alwayes it be imployed for the apparent advancement of learning and piety) and, whereas diverse after they have been four years at the University, are forced through poverty to go away, ere they commence Batchelars, or presently after, and to enter into the Ministry while they are raw, that a special regard be had to such, as during that four years have most approved themselves, and are most eminent both for learning and godlinesse, that they have an allowance for their degree, and also to support them at the University three or four yeares more, (provided it be bestowed upon such Batchelars, as do truly intend to enter into the Ministry.) Sect. 9. That once in a year the Trustees, or any five of them appointed by the rest, whereof three to be Ministers, go to the University, and there (with the help of some able University men) finde out their profiting, that if any excell the rest, &c. the Trustees shall give them such encouragement as they shall see fit, and that if there be conscience-satisfying evidence of the idlenesse or dissolutenesse, or any depravednesse of any of them, the Trustees, either then, or at any other time after admonition and tryal for so long time as they shall think fit, may withdraw the exhibition from them, & chuse others in their place. Sect. 10. That once in a year there be two or three picked out of the Students, by the Trustees, to come up to London (their charges being born) to do some learned exercises in the City, if the Trustees think fit, and as they think fit; that so the Contributers may see some fruit of their cost, and others may be excited and encouraged. Sect. 11. That there be an accurate Method of studies prescribed for them (with some Latitude for the variety of their genius's) that so no time may be lost that way. Sect. 12. That their Tutours be desired to have a special eye upon them, as to their godlinesse, and to presse them to a diligent attendance upon all means publick and private conducing thereunto. Sect. 13. That after eight years well spent there, the Trustees and Contributers do by themselves and friends endeavour to promote them to a place answerable to their merit. Sect. 14. That the addition or alteration of Circumstances be left to the wisdome of the Trustees, or any nine, or more of them, whereof foure to be Ministers, provided that notice be given to the Trustees generally of the meeting, and of the end for which the meeting is appointed, and provided alwayes that the substantials remain untouched, (to wit,) the bringing up of eminent Scholars at the University, in order to the Ministry, and (if contributions come in sufficiently) the leaving of others at the University according to the eighth Article. Sect. 15. That there be two or three chosen out of the University, who shall be intreated to take some inspection over them. Sect. 16. That those of the Trustees that shall be chosen by the rest for any of the publick work, shall have their charges born them. And that all charges incidental to the work in the management of it, shall be allowed out of the Stock. [sect]. 17. And although our great aim in this businesse is the bringing up of Scholars of eminent parts and learning, & the supplying of the Church with choice Ministers, and such as through Gods blessing may be pillars of the Church, yet because the ordinary necessities of the Church are also to be provided for, especially seeing the deplorable condition of Ireland and Wales, and some desolate parts of England, cries loud for our assistance, the Trustees therefore (after provision made for the forementioned branches of the designe) shall endeavour to take care about the maintenance of poor Scholars of competent abilities and good inclinations (though it may be not of eminent parts) at the University and shall allow them what they see fit. And such lads as also their parents or such friends as have the dispose of them, before they be admitted, shall in writing engage themselves to be willing to be disposed of by the Trustees, and to be sent into Ireland, or Wales, or some destitute parts of England,) as the exigencies of the Church require) Provided alwayes that they shall not be sent to any such places, unlesse there be competent encouragement for them (of which the Trustees shall be judges.) Sect. 18. For our Brethren in any Counties who shall be pleased to contribute to this work, we desire that to their former favour they would adde this, to take some care for the payment of their monies in London quarterly, and either to appoint some person in London from whom it may be expected quarterly, or else to send it in to the Treasurer.

Miscellaneous

A Model for the Education of Students of choice abilities at the University, and principally in order to the Ministry. April 1. 1658.

A model for the maintaining of students of choice abilities at the university, and principally in order to the ministry [...]

MscB1666

SInce the best and most agreeable retribution I can make you for the honour you do me in your remembrances, and all your other signall favours, is but to gratify your curiosity with any remarkable intelligence that may advance either Physick, or Phylosophy; I shall endeavour to be as generous in my acknowledgments to you, as you have alwayes been in obliging me. Since my last unto you, my Lord Conway did me the honour particularly to invite me to his House and acquaintance, giveing me withall a fair opportunity of conversing with Mr Greatericks, and beholding severall of those performances, the report whereof as it gives just causes of astonishment to you that are more remote, so the effects fill with admiration, the most learned or suspicious beholders. In truth they are such, that he is not at all obliged to the ignorant for the esteem he hath acquired, nor is it possible for the most tender or superstitious and censorious Zealots to destroy his repute. He is a man of a gracefull personage and presence, and if my phantasy betrayed not my judgment, I observed in his Eyes and meene a vivacitie and spritelinesse that is nothing common. As farre as I could informe my selfe by a long and private discourse, he is a man of a very good life, of tender and charitable Principles, as extensive as the effects of his goodnesse are. He professeth Conformity unto the Doctrine and Discipline of the Church of England, yet without that censoriousnesse whereby some signalise themselves; his thoughts concerning himself are modest and humble, and he presumes so well of others, that even in some colourable circumstances, he regulates his apprehensions by the revealed mercies of God, and not the severity of men. In fine, without prejudice to this Age be it said, he seemed to me by his faith, and by his charitablenesse, to include in his soule some graines of the Golden Age, and to be a relique of those times when Piety, and Miracles were sincere. I am more full in this Character of him, because some will be very inquisitive herein: though otherwise the gift of healing be a gratia gratìs data, not gratum faciens ; and such as may be conferred, on Judas, (going to Samaria) and others, who at the day of judgment shall say, Lord, have we not Prophesyed in thy Name? and in thy Name have cast out Divels: and in thy Name done many wonderfull works. I enquired of him, how he came by this miraculous gift of healing; And he replyed, that it was the grace of God in him; which he understood at first by a strong and powerfull impulse in him to essay it: and this motion was so prevalent upon him, that it incessently runne in his minde, nor could any businesse, how serious or religious soever, divert him from those cogitations: insomuch that even his life seemed burthensome to him thorough the violence of the supposed temptation. He imparted this trouble to his Wife, who condemned those reveries, and desired him to abandon them: in this perplexity, he heard frequently a voyce within him (audible to none else) encouraging to the tryals: and afterwards to correct his unbelief, the voice aforesaid added this Signe, that his right Hand should be dead, and that the stroaking of his left Arme should recover it again: the events whereof were fully verified to him three Nights together by a successive infirmity and Cure of his Arme. Hereupon he set himself to the charitable improvement of that talent which God had given him; cureing at first onely Cancers in Womens breasts, and the Kings-evil: after which, by the suggestion of his accustomed impulse, he attempted the Cure of other Diseases, according as he found himself prompted thereunto from within. He was, and is still a stranger to all Physique and Chirurgery: In the Cure of some Tumours, he useth incision, though that processe be but lately taken up, after that he observed that the power of his touch did not discusse all, but ripen some humours. The fame of his performances spread all over Ireland and England, and multitudes went from Bristoll unto him. Hereupon the Right Honourable the Lord Conway employes Deane Rust to enquire into the truth of these Accidents, and finding matter of fact to justify the relations from excessive verity, he procures him to come out of Ireland, to trye if he might give any ease to that excellent Lady of his, the pains of whose head, as great and as unparalleld as they are, have not made her more known or admired at home and abroad, then have her other endowments. Although his hand proved not so fortunate to that Honourable Lady, as was wished (he not being able to alleviate or remove that head-ach, which had eluded the greatest skill, and most effectual remedies, that England or France yielded) yet did, he during his stay at Ragly, atchieve those things which caused him to be followed and admired by many thousands, who if they can say he sometimes failed, yet ought not represent him as an Impostor. I do not relate unto you the reports of interested Monks and Fryers concerning things done in Monasteries and private Cells; An infinite number of the Nobility, Gentry, and Clergy of VVarwick-shire and Worcester-shire, persons too understanding to be deceived, and too Honourable and Worthy to deceive, will avow, that they have seen him publickly cure the lame, the blind, the deaf, the perhaps not unjustly supposed Damoniacks, and Lepers: besides the Asthmas, Fallingsicknesse, Convulsion-fits, Fits of the Mother, Old aches and pains. I know you expect not from me the Narratives of what others have seen and told me: I shall therefore confine my Discourse to my own observations. Although I had not the opportunity of seeing him till I came to my Lord Conwayes, yet I found conveniency to visit many that had been touched by him; some I observed to have received no help by him at all; some I observed to have found a momentany benefit from his touch: and some as yet continue so well, that I think I may say they are Cured. This variety of successe amused me something: yet I recollected with my self, how there were some diseases, as well as Devills, which even the Apostles could not cast out: and I could not perswade my self that Trophimus was the onely man, or Miletum the onely place, where Paul left any sick. I considered this man to be no Apostle, and therefore thought it injurious to expect that from him, who propagates no new Gospell, which was not to be found in those extraordinary Envoyes of Heaven. I saw no incongruity in admitting, that God, who distributeth various gifts amongst the Sonnes of Men, might issue out the same gift to severall persons in a different measure or proportion. There are differences of administrations, but the same Lord: there are diversities of operations, but it is the same God, which worketh all in all, 1 Cor: 12. v. 4,5. Besides, I thought that how powerfull soever the gift were in Mr Greatarick, yet the sinnes of the patient might sometimes frustrate the effect of his hands, as well as the prayers of the most prevalent Saints, Moses, Noah, or Daniel. I was apt to believe, that at Corinth, there wanted not the gift of healing, nor an effectuall anointing with Oyle, (James 5:14.) yet did the misdemeanors of some draw upon several there irrecoverable Sicknesse and Death, 1 Cor: 11. v. 30. However, I did not understand that God parted so away with his gifts, as not to reserve a paramount command over them still; and I thought he though the might as well glorify himself in the continuance of some blind, as in causing some to be borne so, without regard to their particular sinne, or that of their Parents. These faylours in our Thaumaturgus, ought rather to make men look upon, and take notice of the omnipotency of God, then censure the deficiencies of a limited Creature. From these reflections I posted on, to the consideration of the reall and undeniable performances of his hand. I saw him put his Finger into the Eares of a man who was very thick of Hearing; and immediatly he heard me when I asked him very softly severall questions. I saw another whom he had touched three Weeks agoe for a Deafnesse in one Eare, whom I had known to be so many years: I stopped the other Eare very close, and I found him to hear very well, as we spoke in a tone no way raysed beyond our ordinary conversation. I saw him launce a Wenne that covered the Eye of an old man; there issued out abundance of matter in smell, and consistence, and colour, resembling a rotten-Egge; after which he crushed out the lesse digested matter, which resembled the Braines of any Creature: which being done, he stroked the place gently, and the flux of blood, and pain (which was great by reason of his crushing it hard) presently ceased.) I saw yesterday another Woman, in whose Throat, just by the Wind pipe he launced a Wenne, and haveing crushed out the digested and indigested matter, and stopped the paine and effusion of blood by some strokes of his hand, he bad her put nothing to it but a linnen Cloth: when I saw it, the Wenne was perfectly gone, and the baggs or skinne encompassing it so shrunk up by nature, that there remained nothing but the skarre after incision. I asked him concerning Wennes, whither upon his crushing and launcing them so, they would not fill again: he answered me, No: but that Nature, as she doth in other Tumours, would so shrink and contract the skinne encompassing the VVenne, that there should remaine no signe of it, no not a wrinkle, which I was apt to believe, from what I had seen. I saw a Child brought to him, whom he had stroked before, and it was much amended; but one Tumour upon the right Arme (near the Elbow) was extreamly painfull and inflamed: he Stroked it, and launced it, and crushed out all the matter, even the indigested cores; and Stroking it, the paine and inflamation ceased immediatly, not one drop of blood issuing out after that. I saw another Legge, that upon his Stroking, had very much abated the swelling: the whole Foot to the Ankle was swell'd and inflamed, many holes there were in it, but there issued little or nothing from them: he took it and crushed it extreamly bringing out much blood, and indigested matter in cores as big as nutmegs: and then stroaking it, all the paine and flux of blood ceased: but the weaknesse being habituall to the part, was not removed at that instant. I saw a Woman taken with a violent fit of the Fallingsicknesse; he came to her, and causing her breast to be opened, and chafed her Stomack with his Hand a while, presently her paroxysme abated; and he asked her whither the paine was gone; she pointed to her Throat; and indeed she seemed as if she were in danger of being strangled there: he Stroked her Throat lightly, and asked where her paine was? she poynted to her Breast; he stroked that; and then she made signes that it was returned to her Throat: whereupon he Stroked with his hand upwards her Breast and Neck, and she began to belch winde with such a vehemency, that is scarce to be imagined: and withall streyning as it were to vomit, she brought up some crude phlegme, with an infinity of winde, and then rose up well to her thoughts. These were the principall things I saw him do, he being then upon his departure for London: but I received from himself, and others sufficient accounts, that he had Cured almost all manner of distempers, even QuartaneAgues, and Feavours: and whosoever shall seriously consider the things he doth performe, will not finde in reason any thing to stop his Credulity. I might now end this Letter, and leave You, & those other worthy members of the Royal Society to determine concerning these Effects, which I apprehend miraculous: but since the Freedome, You allow me with you, permits me to speak any thing, I shall, without derogating from the power of God, and with all due Veneration to so extraordinary Characters of his Goodness, propose unto You some Thoughts, which occurred to me hereupon: as confused as they are, they may administer to others some occasion of greater Enquiries. I considered, that there was no manner of Fraud in the performances, that his Hands had no manner of Medicaments upon them, (for I smell'd to them, and handled them, and saw them wash'd more then once after some Cures, and before others,) nor was his Stroaking so violent, as that much could be attributed to the Friction. I observed, that he used no manner of Charmes, or unlawful words; sometimes he Ejaculated a short Prayer before he cured any, and alwayes, after he had done, he bad them give God the Praise. I did not remember, that ever the Devil did cure any Diseases; no not when his Glory was concerned in it, as in the Magicians of Pharaoh, upon whom the Boyl was, Exod. 9.11. wherein you cannot object any particular interposition of God, any more then in the other accidents, whereby the Magicians were suffered to try their skill against Moses. I knew, the Devil went about seeking whom he might destroy; that he plagued Job with Botches: but where are the Examples of his Cures, or when did he ever do any Good, and ascribe the glory unto God? I reflected upon the Performances of King Pyrrhus, who cured Diseases with his Finger: so did Vespasian cure two by touching them, as Tacitus and Suetonius avow: so the Kings of England, and, some years after them, the Kings of France have not been doubted generally to cure the Kings-Evill. Queen Elizabeth did, for some time, discontinue the Touching for the Kings Evil, doubting either the Success, or Lawfulnesse of that way of Curing. But She soon quitted that Fitt of Puritanisme, when the Papists defamed her, as if God had withdrawn from her the gift of Healing in that manner, because she had withdrawn her self from the Roman Church. There are some who think, that God hath bestowed upon all Kings some such Character or Gift, to shew, how particularly he is concerned for them, and differenceth them from other men; but they know it not. From these cogitations I descended to the Alexicaci, Salutatores, or Bensedevios, of which the Roman Casuists and Physicians speak much: I must referre you to Delrius for your farther information; for my memory fayles me so, as I cannot give you an account of them so full as I would. They cure by Anointing with their Spittle, by breathing and stroking of the patient. Rodericus à Castro medic: polit: l. 4. c. 3. allowes of the verity of their Cures, by replying nothing to this objection in favour of them: In confirmationem adducunt experientiam & varia curationum genera mirè frequentia, & praxin quotidianam militum qui solo afflatu, osculo, aut nudi lintei applicatione sanant etiam atrocissima vulnera, qui omnes dono sanitatis in variis morbis se præditos gloriantur. In Turky also, and Afrique, they have persons of the like qualifications, which they boast to have received from the favour of their Prophet Mahomet. But undoubtedly God hath permitted all Religions (though not the Protestants, till now) to have their reall Miracles, that men may learne to trye Miracles by the Truth, and not the Truth by Miracles. I considered likewise the Nephritick and Eaglestones, and several other Amulets and Periapta, whose operation is certain and undeniable: yet could not all these Considerations instruct me further in the Explanation of these Miraculous Accidents, then to conclude, That God had bestowed upon Mr. Greatarick a peculiar Temperament, or composed his Body of some particular Ferments, the Effluvia whereof, being introduced sometimes by a light, sometimes by a violent Friction, should restore the Temperament of the Debilitated parts, re-invigorate the Bloud, and dissipate all heterogeneous Ferments out of the Bodies of the Diseased, by the Eyes, Nose, Mouth, Hand, and Feet. I place the gift of healing in the temperament or composure of his body; because I see it necessary that he Touch them, or otherwise rubbe their Eyes with his Spittle. Besides, the right Honourable the Lord Conway observed one Morning as he came into his Lordships Chamber, a smell strangely pleasant, as if it had been of sundry Flowers: and demanding of his man what sweet water he had brought into the Roome, he answered, None: whereupon his Lordship smelled on the hand of Mr Greatarick, and found the fragrancy to issue thence; and examining his Bosome, he found the like scent there also. But this is observable, but at some times, for I could observe no such scent in his Hands. Deane Rust observed his Urine to smell like Violets, though he had eat nothing that might give it that scent. Sr Amos Meredith who had been his Bedfellow, said, that in the Night he had observed the like agreeablenesse of smell in Mr Greataricks Body, at some houres. I place it in the temperament of his Body, because I have the precedent of Ancient Miracles, and Moderne ones, wrought by the efficacy of a Corporal Touch. Besides it is evident how several Diseases are contracted that way: and why may not some benigne and wholesome effluvia be communicated in the same manner? As there are some, who are said to fascinate by their Aspect, so Rodericus à Castro Med: polit:1. 4. c. I. saith, è converso quosdam esse quorum Oculi creduntur habere vim beneficam ad res inspectas: vulgo Benzedeiros. I remember the Presbyterian Assembly of Divines say that nothing more kindly restores decayed Nature, then the Embraces of an Abishag, of a young, spritely and Beautifull Damsell, as you may see in their large Notes upon the first Chapter of the first Book of Kings. To explaine the nature and manner of Mr Greataricks working upon the patients for their Cure, I shall premise some things. First, That all the Diseases and distempers Mr Greatarick meddles with, have their essence either in the masse of Blood and Spirits (or nervous Liquour) or in the particular Temperament of the parts of the Body. Secondly, That of the Diseases and Infirmities which he meddles with, he Cures none wherein there is a decay in Nature, but onely such as wherein she seems only oppressed by some Heterogeneous Ferment, either exciting an Ebullition and paine, or Coagulating and fixing the blood and spirits. This is a confessed truth by him, he refusing still to touch the Eyes of such as their sight is quite perished: so for Eares that are Deaf upon any such accident that hath extinguished the Naturall faculty of the part. And there being the same reason for inward distempers as to their causes, his fayling as to many, and the relapse of many after a momentany amendment is to be ascribed to this cause: as I shall shew further by and by. Thirdly, It seems to me very imaginable that there may be given by God such a Natural Crasis and Effluvia consequentiall thereunto, that the stroaking with his Hand for some space so as to communicate the Virtue Vertue may restore the Blood and Spirits to that vigour and strength which is naturall to them, and resuscitate the contracted imbecillity of any part. That which makes me to conceive this, is, that I observe that there are things outwardly applyed which by their opposition to particular Ferments do destroy severall Distempers, not onely inwardly taken, but outwardly applyed: as the Cramp rings and small Manati-stone the Crampe: the Nephritic-stone drives out gravel, and the Stone: Peony-roots gathered in due time, the Epilepsy: There are severall things which outwardly applyed revive oppressed Nature, not onely as Odours, but by friction, and outward application: this needs no Illustration. Having these grounds to confirme me in the manner Medicaments may operate, methinks I can as easily comprehend that there may be a Medicament (and whether that be a Man, or a Stone, or a Plant, it is all one) which may invigorate the blood and spirits so as to continue that work of Circulating, Depurating, and Sanguifying, as before the oppression they did: provided there be no essentiall distemper contracted, but that Nature be oppressed onely, not destroyed wholly, or in part: for so farre as Nature is mutilated and destroyed, the reparation of that essentiall damage is possible onely to God, or such as he hath obliged in a more eminent manner then Mr Greatarick pretends unto. This last imagination of mine cannot seem more irrationall to any man, then the Learned'st men of the last Age both Divines and Casuists, thought all sorts of Amulets: and I am sure I can bring for Mr Greataricks more Experiments then all this Age can shew to justify the received Amulets, and Cataplasmes: for if I argue from visible effects, no Amulet or Periapt ever produced more evident Testimonies of its force, then Mr Greataricks hath rendered of his Efficacy. And if they go to explicate the wayes and means whereby those Amulets work; the notion I have concerning Mr Greataricks is the most facile, for I imagine no more to be in him, then a particular Temperament, or implanted Ferment, which upon his touching and stroking shall so farre invigorate the blood, spirits, and innate temperament of the part (Nature being onely oppressed) that they performe their usuall duties: This being done, it is Nature Cures the Diseases and distempers and infirmities, it is Nature makes them fly up and down the Body so as they do: they avoyd not his Hand, but his Touch and stroke so Invigorateth the parts that they reject the Heterogeneous Ferment, 'till it be outed the Body at some of those parts he is thought to stroke it out at. Considering that our life is but a Fermentation of the Blood, nervous Liquor, and innate constitution of the parts of our Body, I conceive I have represented those hints and proofs which may render it imaginable that Mr Greataricks by his stroking may introduce an oppressed Fermentation into the Blood and Nerves, and resuscitate the oppressed Nature of the parts. I now proceed to shew that those effects which are so admired, upon the stroaking of Mr Greataricks Hand, viz: that the paines flye before his Hand, untill he drive them out at the Fingers, Mouth, Eyes, Toes, &c. are the effects of Nature invigorated, and not immediatly of his Touching. I saw him Stroke a man for a great and setled paine in his left Shoulder, which rendered his Arme uselesse: upon his stroking it the paine removed instantly into the end of the musculus Deltodes: being Stroked there, it returned to the Shoulder again: thence (upon a second Stroking) it flew to the Elbow, thence to his Wrist, thence to his Shoulder again; and thence to his Fingers; whence it went out upon his last stroking, so as that he moved his Arme vigorously every way. I asked Mr Greaterick about the Courses, pains, and diseases took, to go out of the Body: he told me, he could not tell what course any pain or Disease would take to go out: that the wayes of God were unsearchable: that, it was not in his power to force them any way, but that he followed them onely, and if the party could not tell where the paine was (for such are onely stroked out) he could not cure them, nor were they cured, but eased if it came not out. Of this I saw an instance in a Woman, whom the Falling sicknesse by its long continuance (joyn'd with Melancholly) had infatuated so as that being out of all Fits, she could not tell what ayled her: she falling into her Fit there, he opened her Breast and with a few strokes reduced her to her self, but she not being able to tell what was become of the paine she had felt, he could proceed no further then to remove that Paroxysme. How Nature may cause those irregular motions of pains backward and forward shall be my next enquiry. Where bold and commanding Medicines are not made use of, it is Nature, not Physique that cures Disease: we are but Servants to Nature, to remove impediments, or strengthen her that she may effect the work: upon this account it was that the Ancient Physicians were so cautious to distinguish the times of Diseases, and to instruct Practitioners what they were to do at the severall times, when to moderate the dangerous symptomes, when to Purge by Stoole or Urine: they were to attend unto Concoction, and not to meddle much before, except in case of Turgency. When they proceeded thus warily, there were severall Translations or removals of Diseases and paines (metarrhyseis kai metastasteis kai metabolai nousōn) which are now scarce observable by reason of the Minoratives, the Purges, the Vomits, and other Physique which is given, not because it is best, but because in fashion. In those times when Nature was so left to her self, I observe severall Translations or removeals of Diseases which came into my mind when I saw the effects of Mr Greataricks Stroking. Hippocrates in his Epidem: l. 6.part. 3. [sect] 34: tells us that the Gout ceaseth if a man fall into the Colique, and that fit of the Colique abates as his Gout encreaseth. Thus Nature removeth the paine. So in his Aphorismes he tells us that long Feavers Terminate in swellings and pains of the Joynts. And elsewhere, That a Dysentery suppressed creates an Apostemation in the Side, Bowels, or Joynts. That swellings of the Spleen and Bowels, or inflamations thereof, frequently terminate in Joynt-aches. So Quartane-agues often Terminate in the Gout. It were infinite to relate out of Hippocrates the Translations and removals of paine which he relates, viz. of Coughs, and Asthmas, falling into the Joynts, and Testicles: of Ulcers and outward distempers which have removed into the Head and Bowels. All the Prognosticks illustrate this: nor can any man be ignorant of the translations of Humours and paines from noble to ignoble parts, and from ignoble to noble ones, nor of the alteration of distempers upon such translation of the Morbifique Matter, as of Asthmas and Coughs turning to the Gout, or Tumour of the Testicles: of Agues turning into pains in the Joynts; of Feavours ending in a Parotis, or other abscessus. Not to mention the vagrant nature of Humours in the beginning of Diseases, when they are Turgent, and continually vary their station. These Considerations made me think that God had been pleased to bestow upon Mr Greataricks such a Complexion and Temperament, that his Touch or Stroking should instantly maturate Diseases, or render them Turgent, whereupon the part touched being strengthned, and the blood and spirits Invigorated, the Heterogeneous Ferment or paine (which if not occasioned by some evident and externall cause, is caus'd by an Heterogeneous Ferment) is expelled from the corroborated place to some other more weake: that being corroborated, it is driven upon another, and so on, till it be quite ejected. If the Disease be such as lies in nothing but a Dyscrasy of the part, it is cured without any such removeall of paine: and so for such Coagulations of the Nervous liquor (as in Palsyes, &c.) there is no such removeall of paine and pursuing it: either because they are not Dolorifique, or that they Transpire in the part. There remaine yet two things to be debated, viz: 1. How comes it to passe that these Heterogeneous Ferments removing thus by the force of Resuscitated Nature, do not terminate in Apostemes, or issue out in some grosse Body; but go out in a vapour and invisibly? 2. How comes all this to happen in so short a time? To the first I answer; That it is not unusuall for Nature to discharge her self of Heterogeneous Ferments by insensible Transpiration, as well as Apostemes, Sweat, Diarrhæa, and Urine: so the Mesels are cured: so many Crude and hard Tumours: and in this Plague few swellings broke, yet were they cured. Nor is it to be said, that the matter occasioning those Tumours was discussed so as to be reimbibed in the blood againe: for in the Plague the recurses of the Pestilentiall Ferment are Mortall: and such as took Powders and Antidotes gently promoting a Diaphoresis, (not sweat) escaped: they who did not, dyed with those Bubones. It is an effect of prejudice occasioned by the contemplation of the usuall effects of Nature, and not of Reason, to imagine that the Morbifique cause consists in a grosse Body, because it is often evacuated so: It is usuall for those subtile Ferments so to commix themselves, and to occasion that transposition of Parts and Texture, that Nature cannot eject the one without the expense of the other. Thus we see that Beer or Ale in its Fermentation or Working casts out aboundance of Barme, yet is not that Body the Ferment, but it is implicated and incorporated therewith, for with it there issues out aboundance of Beare, so that the Brewers either pover the same, or new in again to fill up the Barrel. If the same Ferment be precipitated by Vineger, or Allome, there is not the like diminution. So Kergerus saith, that in Germany they put common Salt, or cold Water into their Bear, and precipitating the Ferment make it potable presently. Kerger. de ferment. sect. 2. c. 8. p. 139. Many such instances are to be found in Dr VVillis and Kerger; which sufficiently evince that the Ferment is distinct from the grosse Body it comes out in. So in Diseases, however some have vainly imagined to themselves a maturation of them, and that the Morbifique matter being concocted issued out in that white Hypostasis at the end of Diseases; yet is it no such thing, nor is there any such concoction in Nature as they phansy: but the Morbifique matter or Ferment, being intimately commixed with some good and profitable parts of the Blood and Humours, is ejected together with them, according to the nature of the Eumuctory, by which the Crisis or Metastasis is made, or the nature of the Bodies constituting that humour. Nature dealing therein just as she does in the Fermentation of Beer and Wine, in the aforesaid Kerger, and Dr VVillis: whence proceed their wayes of curing Agues by Precipitation of the Morbifique Ferment, without any such Evacuations of grosse Bodies. This Paradox appeares further by the several Crises of Diseases, sometimes by Vomit, sometimes by Stoole, sometimes by bleeding at the Nose, and Sweat. In all which circumstances the Urine shew one sort of Concoction, whilst the Morbifique Ferment issues out severall wayes in severall Bodies. Nor is it to be doubted I think that all grosse bodyed Ferments have their Virtue and efficacy from a subtile Body which is no more in that grosse Body, then the Spirit of Sugar is in Sugar: of which See Angelus Sala's Saccharologia: many other instances might be given, as that, if the grand Ferment were a grosse Body, how comes it to evaporate (as I have seen in the Distillation of Sugar, Sugar-cance-juyce, and other Liquors Fermented for Spirits) without any diminution of the Liquors? From all which it appears that one may conceive how upon the efficacious Touch of Mr Greataricks, he resuscitating the Blood and innate Temperament, the Morbifique Ferment may be ejected; and the remaining grosse Body, by a Transposition of its Texture and a new impregnation of Vitality be reimbibed into the Blood, and become nutritious. Thus he cures Asthmas, all the obstructions from impacted phlegme in the Lungs being discharged, and the phlegme Naturalised. But if the grosse body of the Morbifique matter be Incorrigible and Preternaturall, then the efficacy of his Touch doth not discusse them, but the strengthning the part and Nature, the whole collection is separated and ripened, as I observed: which appears in Wenns, and scrophulous Tumours, some whereof he maturates, and others are discussed. To the second Question, how all this happens in so short a time? I answer, that it is the efficacy of the Ferment implanted in Mr Greataricks Body. We are not to deny powerfull causes proportionate effects. We are all Indians and Salvages in what we have not accustomed our senses: what was Conjuring in the last Age, is Mathematiques in this. And if we do but consider the sole effects of Gun-powder, as it is severally to be used, and revolve with our selves what we would have thought if we had been told those Prodigies, and not seen of them; will we think it strange if men think the actions of extraordinary Ferments impossible? Here I might instance in the effects of Poysons, from Macastar, and Brasil: but the acts of sensation, of paine, sufficiently shew the effects of suddain causes: that Lipothymies and shivering should happen upon a fright, a touch of cold Water, or a pinch: that Tumours should in an instant imbody to a great bulke: that in such as are Planet-struck (or said to be so) all or any of their Limbs should be taken away: these are such events (that if we could not alleadge Amulets and outward applications to produce a suddain alteration for the better) would make it seem credible that there may be as powerfull means for mans Recovery, as his Sicknesse. I forbear to mention the suddain effects of Sleep and Waking, Freezing and Thawing: or of Heat and Cold; all which would illustrate the suddaine and powerfull motions of Nature. SIR, I shall now draw to a Conclusion, having given you by these impertinencies a greater trouble, then my self in Writing them: I knew not how to entertain my self better, nor you worse: But I am sure that the suppositions I have made agree exactly with the Phænomena of Mr Greataricks Cures. And from hence it is easy to judge why some are not Cured; others finde but a momentany alleviation, and some are perfectly recovered. All which are undeniably true: let any man salve these accidents more agreeably then I have done, Et Phyllida solus habeto. It is worth consideration, Whether such as come unto him ought not first to advise with a discreet Physician, what their Distempers are, and where Originally seated; the better to direct him in his Stroking. For it is not unusual for the Disease to be seated in one place, and to discover it self in another by the Symptomes, in regard to which they have recourse to him only: for in such cases, if they have no better successe then such have who meet with ignorant Physicians, that go about to cure Symptomes without regard to the principall cause, it is no marvaile if they are not Cured. Thus I have observed some, who upon a giddinesse, and qualmes of the Stomack, occasioned by Hystericall vapours, have been stroked by him severall times (without any, or inconsiderable benefit) in the parts sensibly affected. So in the Kings-evil, I have observed some that have received onely a momentany advantage; onely because that such Diseases affect the Mesentery with glandulous Tumours, as well as the outward parts: and if the whole Morbifique Ferment be not expelled, the Disease recurres: paululum fermenti totam massam fermentat . Valles: Method. Med. l. 3. c. 3. Another thing to be considered by the Patient to be stroked, is, that there may be a complication of Diseases, in which the Cure of one may be impeded by another: as in the Spleen and Scurvey, Eugalenus and others observe: so in Sore-eyes occasioned by the Evill; or a suffusion proceeding from an Acid or Nidorous quality in the Stomack: and many Diseases whereto Malignancy is joyned. In these cases the Heterogeneous Ferments may be united in a looser way, and upon his Touch separate, and whilst the one is driven out, the other may remaine in the Body, and by unloosing the Texture of the Body of the blood, and other Humours, give opportunity for more formæ subjugatæ (of the same kind with the former) to discover themselves. In like manner, it is possible that where the Morbifique Ferment is not sufficiently united and imbodyed, so as that one part ejected by way of Similar Attraction (I confesse I must favour that Phylosophy, from the Phenomena of Physique and Nature too) his Touch may disunite those incoherent Corpuscles, and the patient not regarding the smaller and scarce sensible paines (the which depends upon the parts and Humours the Ferment incorporates with) may direct him to pursue the most afflicting paine (which may not be the greatest) whilest the other remaines in the Body, and afterwards occasions the same distemper: or perhaps another whose paines may so resemble the former, that we may take it for the same: as our senses discerne not betwixt the Salt of one Plant and another, or betwixt the cauteriseing with Iron, or Gold; but there is a difference herein, which by effects a diligent and curious observer may discover. Concerning these intimations I discoursed with Mr Greataricks, who seemed well satisfyed with them; and did thereunto willingly ascribe severall miscarriages and Faylours. Another thing I proposed unto him, was, whether after that he had touched severall persons, and diminished the Preternaturall Ferment, or diverted it, (and put the Humours into a Turgency) whether it might not be convenient to Vomit, Purge, and take those courses Physique directs us unto. And from this he was so little averse, that in my hearing he recommended to a Gentlewoman the taking some Cochiæ Pills, after he had touch'd her Eyes. I asked also if after he had dissipated and repelled a setled Humour, it might not be convenient to corroborate the Part with Topicks; which he approved of, and though but to few, I saw him give Eye-salve to some Patients. You know what pains wee Physicians take in Revulsions and Derivations of the Humours Morbifique from severall Parts: and do not you think a great part of our work were done, could Mr Greaterick's miraculous Touch remove (or put into motion) those Humours we cannot repel, or stirre? Let us, Sir, be just and ingenious; and confesse that this Antichrist of Physicians may be of the greatest service to them in the World, if they preferre the recovery of their Patients before their Credit, or Rules of Art. Rara non sunt artis. You have observed how great things Nature does, when alleviated; and the effects of that principle of Restitution, when the prohibiting causes are removed. As to the allaying of paines after crushing of sores, or bruises: and the miraculous stanching of Blood: I think both them depend upon the restauration of the Temperament of the part and Blood: As to pains it is easy to grant this. And as to the effusion of Blood, you know there is a Balsame in it which heales it self: to illustrate which, I recommend to you a Note of Platerus in his Observations (I want my Library) how an Hangman of Basil cut off mens Hands, and stopped the Bleeding of the Veines and Arteries by slitting the Arse of an Hen, and thrusting the Hand into it. If this do not convince you, the Discourses of Sympathetique Cures may do it: especially an Observation of Panarolus, may convince you that such steemes (as vapours) may effect it; which is the reason why I assigne not one Ferment to him, but think there may be more: which yet may not produce their effects in every case, nor exert their influences in all cases no more then the Menstruum upon a disagreable occasion produce all its effects. This needs not to be illustrated to you. I think I have now rendered you a tolerable account of this Miraculous man, of whom I dare make that Proclamation which a Roman Emperour did upon the occasion of the Ludi seculares, or sports celebrated once in an hundred years. Come, and behold, what no man living hath seen, or shall see again. I would not be understood to derogate from this miraculous Gift; nor yet ascribe more unto it, then I ought, lest I should hear the reprehension in Job; Will you tell a lye for God? There are a sort of men (if they were onely Women, it were tolerable!) that think it not lawfull to have recourse unto his Cures. Though I have already too much cause not to entermeddle with Divinity, or cases of Conscience any more, yet I cannot but take notice of their Principall Objection: for to say that Miracles are ceased is a groundlesse folly, if not a disingenuous impudence in giving the Lye to several Histories of various Religions. They say, Whatsoever is not of Faith is Sinne: that it being impossible for them to be convinced, that this man works by the immediate gift of God; they cannot repaire to him lest they be found to repaire to a delusion of the Devil. But I reply; That the principle of doing nothing that is not of Faith, is sufficiently invalidated by Mr Hooker in his Church-Policy: and it is a Principle hath occasioned so much of Troubles in our State, that I wonder it is not layd aside. In Moral Philosophy (which is not established on demonstrations) and Physique I am sure it will put us all to confusion; for who knowes the efficacy of things Naturall? how Purges and Vomits &c. do worke? Nay, who knowes whether second causes have any effect, but that God doth operate ad præsentiam causarum secundarum ? as the admirable Durandus held. And may not the Divel do so? How shall this be reduced to Faith? I am sure, and have seen things ascribed to the Divel, that it is now confessed have another Originall. Did all that came to Christ, believe in him? you know the story of the tenne Lepers: if to come to Christ, were not to believe in him further then that they thought he could Cure, since they saw him Cure, how is it in Mr Greataricks? The thing they come for, is good; such as may be begged of God: there is nothing evidently unlawful practised about them: where is their Charity, that thinks no Evil? where is their Divinity, that think a good and perfect work should come elsewhere then from Heaven? If the case be not to be tolerated, because not ordinary: as there is but one Mr Greatericks, so there is but one Sunne. To be extraordinary, hinders it not from being consistent with Faith; but to be unlawfull, or absolutely impossible: as to impossibilities, we know not what is impossible with God, or Nature. And for the unlawfulnesse thereof, let Mr Greatarick's works bear witnesse of him. If he doth the things that never man did, except Christ and the Apostles &c. judge what we are to think. I conclude with this Apology for my recommending some Physicall directions after his Stroaking: that it takes not off from the Miracle, no more then that God gave the gift of Tongues to the Apostles, yet needed they Rhetoricall instructions to imbellish their Language. St Paul was balbus sermone: and you know that the polite style of St Luke evinces the imperfections of the Language in the other Writers of the NewTestament; as Isaiah disgraceth Amos in the Old. All things are not given to all men in perfection: but the gifts that are given to every man, are given them to profit with. I begge your pardon for the tediousnesse as well as rudenesse of these lines; since by them I expresse my self to be Stratford upon Avon Feb: 18. 1665.

Miscellaneous

The Miraculous Conformist: or An account of severall marvailous cures performed by the stroaking of the hands of Mr Valentine Greatarick [...]

MscB1670

MR. Vincent Wing was born at North Luffenham in the County of Rutland, in the Year of our Lord 1619. on the Ninth Day of April, at Five Hours Forty-Eight Minutes P.M. or Afternoon. He was a branch of an honest and virtuous stock: as proceeding from Parents rather good, than great; who, with their Ancestors have been long seated in the said Town of Luffenham, enjoying a greater blessing in their continued and setled condition, than many others in the Multitude of Riches: Mr. Wing's Ancestors 1st came out of Wales, and settled at great Panton neer Grantham in Lincolnshire, and neer 100. Yeares since Planted themselves in North Luffenham, and as I have it ascertain'd me from an honorable hand, there have bin of them in that place three Generations successively, with himself. It frequently happens that far greater Families oftner change their Seats; & somtimes, (in much shorter space) do also lose their Names. A fixed Habitation, being even the mightiest Mercy that Fortune can bestow upon Mortality; and so characterized by GOD Himself to Moses in the Mount. Whereas a wandring or erratique condition, or course of life, either in Persons or Families, is, not only a reproach, but a Curse to them that undergo it, and their future Generations. And this Cain in the beginning of time, and the Jewes since the Death of our Saviour have, by a long, and miserable experience, found certain and true. But Mr. Wing's Family, hath been happy above many other Families, in the inheriting so peculiar a blessing; and yet not more fortunate therein, than in the bringing forth this their ingenious and industrious Son: Who, from his own merit and endeavours, (with God's blessings thereupon) hath, not only preserved, but much augmented the Reputation of his deserving Predecessors; and so firmly planted his Name and Memory there, leaving to his Posterity, an Estate and Fortune considerable to support and maintain it, should their after endeavours be wanting thereunto; of which, I am (credibly) informed, there is at present no just cause to doubt. Mr. Wing's Ancestors 1st came out of Wales, and settled at great Panton neer Grantham in Lincolnshire, and neer 100. Yeares since Planted themselves in North Luffenham, and as I have it ascertain'd me from an honorable hand, there have bin of them in that place three Generations successively, with himself. It frequently happens that far greater Families oftner change their Seats; & somtimes, (in much shorter space) do also lose their Names. Where a large Purse, or ample Fortune to a Father is wanting, the Son, though never so prompt and meritorious, must be content to miss of a liberal breeding; and thus it fared with Mr. Wing: whose Lot it was to be of capable years, and fit for Learning, even in the worst of times; Viz. at the beginning of our late unhappy Confusions: When Rebellion was opposed to Loyalty; Plundering and Free-Quarter to the providing for, and advancement of Posterity; The Pistol and Pole-Axe to Terence and Tully, &c. Mr. Wing wanted an Academical Education; and the reasons thereof. And every well-meaning Person (though of a Fortune competent) had enough to do to shift and provide for Himself. In which unhappy, (and perhaps unheard of) Calamity, Mr. Wing's best Friends and Parents sharing, were the more disabled for pursuing his promotion and encouragement in Learning. But although it was his luckless Fortune and unhappiness, to want an Academical Education; yet such was his Natural Inclination and Propensity to an acquaintance with Letters, that by his own Industry, and study, he had in time, conquered a competent Portion of Learning, Viz. A perfect acquaintance of the Latine Tongue, and a moderate understanding in the Greek, &c. Dominus Ascendentis applicatus Domino M.C. existenti in sua exaltatione, decernit Natum ex se ipso honores cumulaturum. Argol. 134 P. By which happy advantages, the greatest and most critical Authors and Masters of Astrologie, and the Mathematiques, in their own Language, were no strangers unto Him. From whence we may collect this true and modest Observation. < - "That Mr. Wing was born a Scholar, although not bred, or made one; and therefore preferrible before many Thousands that had the gainful advantage of an University Learning, and yet were not therewith capable of matching Him in Mathematical and Astrological Performances. So excellent is an Innate worth and glory, that all the external Paints and Florishes cannot so much as equalize, much less transcend or surpass it. Yet let the ingenious Reader know, that I have no dis-respect for the Muses, or for such, whose happy Fate it is, to suck at the sacred Brests of Minerva; as having the Schools of Learning in Adoration, and ever bearing a high honour and value for all those that derive Science from them: And could heartily wish that our English Universities were so happy, as to Nurse and Foster And I could wish also, that such whose inclinations bend to learning, might be but so happy as not to miss an Academical Education. only such, whose Genitures render them capable of Learning what they always prudently teach; those being the most probable of making returns of Gratitude unto them, and of sounding forth to the World their deserved Honour and Fame. How many are there that be constantly Educated in Schools of Good Literature, that for want of a Genious to cope with, and conquer Science, become rather the Scorn than Honour of Learning? Of every Wood a Mercury Ex quolibet Ligno non fit Mercurius. cannot be made. If the Flint have no Fire in it naturally, in vain is the Steel applyed unto it, in hopes of procuring any. Schools of Learning being like unto skilful Lapidaries, who polish the Diamonds of our minds, and understandings; and set a radiant lustre upon them, although we bring them thither rugged and mishapen: (and thither we must bring them, or go without our errand.) And indeed, Men must have peculiar Stars for the attaining such a peculiar Favour and blessing from the Hand of God and Nature: And being so furnish'd, will in time appear, and shew themselves, and Dart forth their Native Splendor, (like our Mr. Wing) although they should want the Embellishes and Polishes of Education. (yet I say not all out so happily!) And if this our deceased Friend were so eminently successful and deserving without them, and shined in his Generation above and beyond so many, that had the enjoyment of such adorning acquisitions; What would He have done, and how spreading would His Fame have been, if His so rare Natural Parts had met in Conjunction with them? But because Mr. Wing was an Astrologer and Mathematician, and that perhaps these Papers, may be mostly inspected by such as are inclined to those curious Sciences; I shall desire, and expect the Pardon of the ingenious, if I swerve a little from common Method in the Writing the Life of this my worthy Friend; and here, before I proceed any further, insert his Nativity, as it was curiously done by his own hand, and by Himself friendly communicated to me several Years See my Col. Genit. p. 2. where the Scheme thereof is Printed. before He dyed: He being of so generous a Mind and Courage, and yet so humble withall, that, as he did not fear to fore-see, or fore-know any evil of Himself, so He was not elevated or puffed up with the thoughts of any prescient advantages that were likely to issue to him: but used his Nativity, and what he understood thereby, (as the great Apostle used the World ,) as if he used it not. Submitting Himself (even in the best or worst of things, by it either promised or threatned) ever to the guidance and governance of that Universal Power, that ruleth all things by the wisdome of his Providence, even God blessed for ever! Astrological diagram Three astrological tables Here are no less than four Planets Competitors for the honour of Almuten in this Geniture: viz. The Moon, Mercury, Jupiter, and Venus: and truly, if I understood his Mind and Actions aright, he equally shared in their peculiar qualities and significations. For he wanted not the publick Fame and multiplicity of business that the Moon gives; nor the Ingenuity that Mercury bestows; nor the Justice and Goodness that Jupiter affordeth; nor yet the harmless and pleasant conversation, (to sweeten the rest, for without that all business is a burthen, and all knowledge a slavery!) that Venus patronizeth: but of this more anon. The Sun alone is Hylech, or Propagator vitæ, the Geniture being Diurnal, and he in an Aphetical place. Omar de Nativit. Lib. 2. Cap: 3. &c. Firmic. Lib. 2. Fol. 57. ad Mavort. And (being just entring Taurus) we may admit Venus the Alchocoden, or giver of Years: Or should we (in respect of the Moon's being so powerful in the Figure) admit her a sharer in the designing of Life, (which is not altogether unreasonable, but agreeable to the Opinions of Omar and Firmicus,) then will Jupiter be Alchocoden; which is in effect the same; for both their mean Years are Forty-five, and more they cannot give of themselves in this Nativity; because one of them is oppressed by Saturn's Quadrate, and the other by Mars his Opposition: and although Mr. Wing lived beyond these, Four Years at the least, that is to be attributed to the strength of his Nativity in general, and not to his Alchocoden; which could not preserve him above the aforesaid number of Years for the Reasons before remembred. Saturn is the Anareta, or the Destroyer of Life in this Geniture; as being, First, Locally placed in the Eighth House; Secondly, As afflicting the Lady of the Horoscope; Thirdly, As he is Lord of the Fourth House, which Astrologically signifieth the Grave; Fourthly, As he is a Planet inimical to Nature. And accordingly when the Sun or Hylech was directed to his Conjunction or Body, Mr. Wing dyed. And so I come to consider of the Nativity it self, and to compare it with the Actions, Dispositions and Inclinations of the deceased Person to whom it appertained. Herein you see that Signum Justitiæ, or the Cœlestial Ballance is ascending the Horoscope, and the Royal fixed Star, mikros kontaratos, or the Virgins Spike ariseth therewith: Stellæ fixæ irrationabile is atque admirabile is fælicitates afferunt, &c. Prol. Cent. Aphor. 29. plainly demonstrating Mr. Wing (according to the Rules of Astrology) to be born for an honourable end and purpose; and to do great and worthy things in his Generation; which he hath not failed to perform: thereby eminently justifying the influences of those Stars, that (Sub Deo) have honoured him at his intrat into this World. Spica Virginis in Ascendente, dignitates altas impartitur impertitur , &c. Ptol. Parv. p. 131. The benigne Planet Venus is Governess of the Horoscope, and posited in her exaltation, in Trine of the Moon, and in a noble receptionof Luna and Jupiter: all, of most admirable import and signification, as every understanding Astrologer knows. And agreeable hereunto, Mr. Wing, as he was honoured equally with many above his degree, so he merited such respect; being a Man Dominus decimæ in nona, Natus erit honestæ vitæ. Argol. p. 42. of a very just and pious frame and temper; generally even humored: at sometimes he would admit of facetiousness without scandal, affability without injury; Venus honestè posita, ut in suis, dignitatibus, cum Luna, &c. Honestos mores, & laudabiles decernit. Argol. 116. p. and did a little delight in a free and harmless conversation; being neither too austere on the one hand, or too vain and fruitless on the other. But (like his Horoscope) was equally poiz'd between both, and yielded to neither extream. He was scarcely known to envy any man, (and do you not see that Mars is the weakest Planet in the Scheame?) as it he had wanted Choler to awaken Revenge, or to create a passion:) but, on the contrary, was kind respective and obliging to all men: even to his enemies, (as the Holy Rule enjoyns) if they were not, beyond the line of reason, malicious and provoking. He was nothing ambitious or insulting, but rather meek and humble, and always apt to depreciate himself. All Rutlandshire, Northamptonshire, and the Countreys round about, give this general good & commendable Character of him; as any that pleases, may more particularly inform themselves from any of the Gentry of those Countreys, as my self have done before the writing hereof, because I would publish nothing but truth concerning him. He was never distrustful or suspicious of others, because free from the taint of those qualities himself, and always virtuous, and true hearted. These are the natural significations of such happy and Heaven-favouring Positions, together with their genuine verifications. And the better to enforce and make good all this that we have said, (and more) it is observable that the Noble Trine of the Moon and Venus, &c. before spoken of, is made from those two Planets greatest dignities, Viz. that of Astrologers called House and Exaltation; which gave Mr. Wing a more curious frame of Soul, and a better opportunity and means to shew the excellency, integrity, activity, and evenness thereof, than if so glorious an Aspect had proceeded from weaker parts of the Heavens: I mean, from such parts or places wherein those Planets had less delighted, or had been more meanly and poorly dignified. Thus we see by experience, that the Dignities of the Planets are no vain and idle things; and that we ought to esteem more of them, than of Chimera's, or Castles in the Aire. I could produce a great many parallel instances, but this is so certain and undoubted a truth, that it needs not. From this admirable Trine, and it's happening, (not only in the Dignities of the Planets Trining, but) in the Dignities of the benevolent Planet Jupiter; Luna in Nono, Naro religioni addicit. Argol. p. 140. (the Patron of things Divine, &c.) proceeded that great and unfeigned Love, Duty , and Reverence, which Mr. Wing constantly paid to Religion, and to the service of God: being always known for a true and zealous frequenter of the Church, and an adorer of the Clergie; esteeming them the most worthy of Honour and Reverence, that God himself had been pleased to commit the charge of his most honourable and valuable Jewels in the World unto; even the Souls of Men. Quum [jupiter] & [venus] &c. sunt signif. dispositionis Animæ, Natus erit simplex, amans nitiditatem, & magisteriam, atque rerum investigationes, eritque bonæ qualitatis animæ pius, sani cordis. Deum amabit, & illi serviet, cupiet etiam amore Dei, laboriosus esse, erit sensatus, & amans, humilis, &c. Prol. Quadrip. lib. 3. cap. 13. He was indeed so much, and so great a votary to Religion and Piety, that many of the Almanacks he annually wrote, were in a manner Sermons, or Expositions or Applications of some useful Texts of Scripture; encouraging People by the Word of GOD, as well as by the Works of God, to follow that which was Religious, Laudable, Good and Profitable. By which ingenious and pious practice of his, we are made happy in the acquaintance of this great truth, (against the perverse, wilful, obstinate, unreasonable and crooked Opinions of the Enemies to all Stary Learning.) That a Man may be a good Christian, and yet an Astrologer: and, that Divinity and Astrologie, to a sober and unprejudiced understanding, are not incompatible: there being no such antipathy between the Word, and works of God, (or those that study the one, and the other, as Naturalists tell us, there is between the Sun and Rue, or the Vine and Colewort,) but that they may well stand and grow together. Cæli enarrant gloriam Dei. Psal. 19. vers. 1. Rue, or Herbgrace, delights not to grow in the Face of the Sun, although he be the Life of all living things: and this any Gardner will tell you. He was a Person of a very ready, ripe and pregnant wit; and had good judgment and memory thereunto annexed: [The want of the later of which was a defect, that the learned Doctor Hammond exceedingly bewailed in himself, saying, that it was easier for him to Pen twenty Sermons, than to get one by heart.] What Mr. Wing read was his own; and thence he began to be a Mathematician [saturn] in domo Mercurii, dat Scientias. Ptol. parv. p. 34. Decima septima pars [libra]. Si in horoscopo fuerit inventa -- & [moon] bene posita, ad benevolas plena lumine feratur Literatos faciet, &c. Firmicus. Lib. 8. Cap. 21. in his younger years, being capable of understanding all the parts of Arithmetique, of the several ways used in Surveying Land, Measuring all sorts of heights and distances, &c. As also of making all kinds of Dyals, with many other neat and commendable acquirements, by that time he was but Eighteen Years of Age; as I have often heard Himself, as well as others report. So that in a sence, it may be said of him, as it was of the Holy St. Remigius, and the great Doctor S. Thomas Aquinas, That from the time of his first capacity of Learning, he out stripped those that were much his Superiours in Age, and (I may justly add) in Education also. And truly, he had need be naturally ingenious, that attempts such lofty, crabbed, coy, and difficult studies at any time, much more in his Juvenile Years: When the Feather of Youth is high and spreading, and principally waves us to vanities; seldome suffering our inclinations to reach after serious or weighty things; they being as contrary thereunto, as Blood to Melancholy, Heat to Cold, Winter to Summer, &c. But this Mr. Wing was born Astrologus nascitur, non fit. < - to prove the Influences of the Stars certain and true; and by an apt demonstration in himself to shew us, That the God of Stars is not tyed to the meaner methods and observations of Men, or to his own ordinary way of working; but pursues the Rules of his own good will and pleasure, varying from his common course, how, and when, and as oft as he pleaseth. Thus he can satisfie the stomach (beyond Man's reason) without food; the Thirst without Wine; and feed our intellectuals also (if he vouchsafe it) without instruction of Books or Letters. matth. cap. 15. vers. 36,37. 1 Cor cap. 1. vers. 25,26. 'Tis his Prerogative peculiar, to make strong things of weak, and excellent things, of things contemptible and despised; an Age in Youth; and contrariwise, a Childishness in elder years; and by this his foolishness, sometimes to amaze, othertimes to destroy, the wisdom of Men. Thus, to declare his Omnipotence, he is pleased to raise Ventidius, (though of a very low and mean extraction) to the greatest honour and dignity in Rome: Dominus medii Cæli in suis dignitatibus applicatus domino Ascenden is Orientalis honoris in regno pollicetur, & Principum familia natem. Arg. p. 134. And to make Cicero (whose Parentage, or Original, if story may be credited, was scarce known) Pater Patriæ, the Father of his Country. And thus by God's especial favour and benignity, is Mr. Wing raised, from an indifferent degree and quality, to be a Reputation to his Country, and a promoter of the severer Sciences. Sol in Cuspide septimæ tribuit honores, & gloriam post mortem. Ptol. par. p. 133. And from them, to an equal honour (for indeed He hath taken more than equal pains) with the admirable and ingenious Kepler; with the ever celebrated Alphonsus, with the renowned Ticho Brahe; with the immortal and ever glorious Julius Cæsar! with all which illustrious and famous Persons, his Name and Memory will for ever shine in the treasury and bibliotheck of Fame; Canis Syrius, sicut Procyon in medio Cæli , (as here) dat honores magnos, &c. Ptol. par. 131. for his indefatigable and admired Industry, Acquisitions and Performances in all Mathematical, and Astrological Learning. Gradus medii Cæli exaltatio Jovis (I am sure it is neer it) Celebre nomen diffundit. Argol. p. 132. To fit him with a Soul for these illustrious enquiries (for such they are) he had, in his Nativity, a noble reception of Mars and Mercury, (and Mercury swift in motion) and this by the dignity of house of the <it>House</it> , Viz. the greatest that can be: [mercury]. Motu velex facit expeditos in inventionibus & rationibus. and such that Astrologers generally account equivalent to a Sextile or Trine Aspect of them: and the Moon (which is the Conveyer of all the other Planets influxes to this our Terrene Star) is hastning to an Aspect of them both. Bene dispositi Mercurius, & Mars faciunt ingenio acutissimo. pag. 137. Which (in an Astrological sence) forceth the imagination, fancy and ingenuity of a Person (pardon the expression, for it is very true,) that is so born, beyond the common rate of exertion, and ripens the mind (with all its faculties) in so celerous and active a manner, that it affordeth a Harvest of Wit and Judgment in such Men, before there will be an appearence of a Spring in others, that shall unfortunately want these forwarding Configurations. And thus it cometh to pass, that some Persons are so prodigiously, and to a Miracle illuminate, and afford great Crops of Art and Learning, before others of more tenebrous and Cloudy souls, can put forth either Leaf or Blossome. Thus it was apparent in the Nativity of that Reverend Prelate, the late Lord Primate of Ireland, Doctor Usher, See the History of his Life. (whom Paulus Testardus justly stiles, Seculi, & Ecclesiæ decus eximum , the greatest honour of the Church and Age) who, having such a Configuration in his Geniture, was so active and forward in his studies, that (the History of his Life saith) he was created Master of Arts at Twenty Years of Age. Vide my Collectio Geniturarum , p. 2. Where all their Nativities are to be found. Thus also, the late Reverend Bishop of Durham, Doctor Morton (from the same Reason in his Nativity) was learned betimes in comparison of many others, as is recorded in the History of his Life. So also the late Learned Doctor Hall, Bishop of Norwich (being born when Mars and Mercury were in Trine Aspect,) was known to be Master of as large and spreading intellectual abilities, as any learned in the whole World: Witness the several incomparable Pieces he wrote, and left behind him in Print; especially that learned and pious Treatise, entituled his Contemplations. Thus likewise, the most learned and acute Phylosophers, Henry Cornelius Agrippa, and John Baptist See his Nativity, as done by himself in his Astrologia Gallica. Morine, &c. whose noble Genitures shewed the same worthy configurations: and who more nimble, and fortunately forward in all kind of learning than they? Infinite numbers more could I ininstance in, who (as these already mentioned, with our Mr. Wing, enjoying such excellent and beneficial rayes of the Stars,) have been as Comets in the Ages they lived and flourished in, attracting the Eyes and Wonder of all Men towards them, for their great and fortunate parts and performances: but these few are sufficient. - > By this we are instructed how God Almighty in his wisdome hath suited and proportioned all inferiour actions, Persons and things, to the motions and configurations of the Heavenly Bodies: and how much it makes for the honour of his Majesty, that all temporary productions are ordered and disposed of, by this Cœlestial Clock-work Clork-work ; as it hath pleased him to appoint and ordain at the first. From this happy reception of Mars and Mercury, together with the Moon's configurations with them, (of which before you have heard) It is observable, That Mr. Wing was, not only capable of knowledge and understanding, &c. but was therein very communicative and diffusive. He hated to hide his Talent in a Napkin; or covetously to cloyster up that Science which He so happily (above many thousands of others) had attained unto, and was blessed with all. Math. 25. & 25. He was freely willing and ready to impart any thing (let it be never so curious and choice a secret) to any ingenious Person or Son of Urania; and hath often publickly professed, that it was his great discontent and trouble, if at any time in his writings he thought he had not been plain, even to the meanest, or most ordinary, or costive understanding. And (to go a little further in this Argument.) these configurations did, not only give him a great love unto, and a delight in knowledge, but a strength of mind, and ability of Body for the same. Thus was he fitted for travelling thorow the most crooked and crucifying parts of Astronomy, &c. As those, of the restoring the (most hard to be found) places of the two most Critical Planets in the Heavens, Mars and See his excellent Tables (in his Astronomia Instaurata, and Harmonicon Cœleste ,) of those Planets motions: As also his Astronomia Britanica , lately published. Mercury. He had (in all respects) an active Geniture: and accordingly hated slothfulness and idleness with a perfect hatred; accounting it a shame and error for any Man to foster or cherish such contemptible issue: or to think that he was created, or brought forth into the World for so despised and inglorious an end. And was therefore so frugal of his time, (like the Thuscan Philosophers, that thought the loss of a Day irreparable;) as, not only, not to mis-employ or mispend any the smallest part or portion thereof, (after he was of capable and understanding Years,) but very prudently and advantagiously, to improve every little Minute; making his Books his recreations, and his severer and wasting studies, his Pleasures. If he were of any thing covetous, it was of knowledge: being indeed scarcely ever satisfied therewith; making it his business to frequent the Company And of this I have had the happiness, of being more than once or twice, a witness. of the most learned and excellent Men when he came to London at any time, and so to spend his time; whereas others generally turn such journeys into pleasure and recreation: And truly so did Mr. Wing too. For such converse was his soul-satisfying delight; his Mind being principally placed upon such a felicity. Thus did Mr. Wing constantly (both abroad and at home) labour after the discovery of the most mysterious things in Astrologie, Geometry, Algebra, Trigonometry, and all other parts of Mathematical Learning. But Mr. Wing did not labour after this toylsome manner, (Churl-like) only to satisfie and please himself, but to profit and advantage others. And to this purpose, after his many years painful labours, and a consuming of himself in study and business; he hath published to the World these several Books following. In which Pieces of Astronomy, he hath most facilely solved, the (not very easily solved) Phænomena of the Heavens; and so plainly proved the motion of the Earth to be an apparent Physical truth, that the very Soul of Copernicus, (the first Inventer of that Opinion, as to this later part of the World,) by a happy Metempsychosis, seems to have enlightned Him to the Demonstration thereof: Mr. Wing the Reviver, and Defender of the motion of the Earth in these later Times. and this by such unerring Axioms, and most conspicuous verities, that the (long embraced) contrary Opinions, with all the insoluble systems thereunto belonging, are quite out of Doors, and scarce so much as though of now, (much less with pristine earnestness defended) by any of the most able Astronomers of this Age. So that, had the unfortunate Bishop of Ratisbone, but lived in our more transparent and knowing times, he had never dyed a Martyr for so sure and sound a Truth. - > Nay, had Saint Augustine been contemporary with Mr. Wing, his doubt about Antipodes had been fully resolv'd. May we not now (without vanity) aver, that He was the Restorer of Astronomy to this later Age: And not only so, but that he was so happy in his attempts of that kind, that he did nothing without success? Nay, I conceive I may (without offence) urge it, since others, (far more competent Judges of his surpassing abilities than my self) have done it before me. ---- That Mr. Wing hath performed more in, and toward the rectification and perfection of the Cœlestial Motions, than all the ingenious Mathematical heads in both Universities have of late Years done; and for the same was honoured, and had in eminent esteem with most of the best learned in this our British Nation. Among the many observables in Mr. Wing, this we may not omit in his Praise, and to his Eternal Honour let it be remembred: ------- That He was always a Loyal Person and good Subject, and in the worst of times, when it was esteemed a Crime to be obedient to a lawful Prince and Sovereign, and so much the fashion to be Anarchical and Rebellious; Mr. Wing was so conscientiously just, as always to own his Allegiance: accounting it far better to perform a vow made to God on the behalf of his Prince, than nimbly and unchristianly to swallow Perjury: (a Sin the very Heathen would disdain and protest against!) and although the times he was necessitated to live in, afforded him many great and unhappy examples to that unloyal and ungodly purpose, yet, he still continued his integrity and duty; as well knowing, that Treason against our Sovereign, is equal to Sacrilege against our Saviour. Videhis many Almanacks wrote in the times of our late Rebellion: when he might have sided against his Sovereign with applause, and gain; as well as some other Almanack-writers; but you find (by them) he was too Loyal for such degenerous & impious actions, or practices. Indeed, Mr. Wing, had, not only a just and Loyal Heart, but a good and Loyal Nativity to shew and to signify it. There was when he was born, in the Heavens a happy Trine between the Lady of the Ascendent and Governess of the Medium Cæli. We know it is as Natural for some Persons to be repugnant and opposite to Government, and to their Prince or Governor, as for some Children or Servants, to be disobedient or rebellious to their Parents or Masters. The reason whereof, is (perhaps) a secret in Astrologie, and scarce known to the best of Artists. It may be worthy thanks to divulge it; and it is this. ----- < - Nota bene . That, as the gentle and amicable Rayes between the Lords of the Medium Cæli and Horoscope, make loyal and dutiful Persons or Subjects, so their unfriendly beames to each other, create Rebels, Incendiaries, and unloyal Persons. The ingenious Genethliacal Astrologer may spare me the trouble of Instances, he can easily prove the truth hereof himself. Albeit, Mr. Wing was a Man of such admirable parts as you have heard, yet he was the least admirer of his own abilities of any Man in the World; but still industrious to improve them. His desire was so strong after study, that he even neglected himself for it's sake, and for the great contentment he took therein. And though his attainments were great, yet was he known more to lament and bemoan his defects, and imperfections, than any way to boast of his skill. He was no way Ostentatious, but on the contrary, very humble; and had nothing of the Pharisaical temper or humour, but like the Laden Ear in Harvest, still bent his head downward; and (with the Peacock) more often look'd upon his Feet, than his Plumes: being ever observed in all company, to give unto others the precedence, or right hand, which perhaps did not inherit the hundreth part of his understanding and knowledge. But now, although he was of so self-denying a temper and disposition, and never apt to begin quarrels or contentions with any Man; yet hath it been his fortune (against his inclination) to be engaged in differences: he having been (by some ambitious and troublesome Persons) publickly abused in Print: by two especially, who have, (after their heaping upon him undeserved reproaches,) in an impudent and shameless manner, made use of his works, to dress and furnish out their own; and this without crying Peccavi, or seeking of a reconciliation from him. To signifie Dominus septimæ in duodecima dissensiones decernit cum inimicis.Argol. which hard measure from his (unexpected, as well as undeserved) Antagonists, he hath, in his Nativity, Mars (an angry Planet) Lord of his Seventh House, posited in Virgo, Retrograde in the Twelfth Angle, which hath signification of scandal and detraction, &c. And the Moon, Cum cauda Draconis ; and in Quadrate of Mercury in the Seventh House; a place denoting publick Adversaries, strifes and contentions, &c. apt and proper Arguments hereof, as any Astrologer must needs understand and acknowledge. More plain and speaking testimonies of the Malice of Enemies, cannot in any Nativity be found: as if Mr. Wing had been born into the World on purpose (in matters of controversie) to encounter Men of brutish Principles and Conditions. Howbeit, it is eminently known, that Mr. Wing was of courage sufficient, and capable for to resent an injury; and would (upon any good occasion) be so just to himself, (and to the truths that the World was made partaker of, by his happy Pen and Pains;) as to give his Enemies to understand he did not wear his Soul without him; < - (Who ever did, that had the grand significators of his Nativity strong?) but could easily vindicate himself from their causless cavils, and scomma's, and their want of ingenuity and charity towards him. Seneca saith that a man hath so much wit, as he hath anger. And St. Paul alloweth of anger; so that it be limited, and not transported with a desire of revenge. Ephes. 4. And when (beyond reason) provoked, he did accordingly, (with a spirit of soberness) reply unto those his Antagonists; who were so bold and daring to attempt the lessening of his unblemish'd Fame and Reputation, to (do that which was indeed impossible, and therefore I spare their Names;) make way thereby for the advancement of their own. He also hath the Virgins Spike ascending, and the Moon with the Stars of Apollo: and could not (from thence) but have a great Spirit, and be readily apprehensive, though not revengeful of injuries: And would therefore (in cases of difference) only endeavour to acquit himself, but not calumniate his adversaries. And therefore we may say of him, as it was of another in a like case, Non silet, & silet: He might be said to be silent and passive toward his Enemies in respect of revenge, but not in regard of reproof. And surely herein he is no more to be censured, than the harmless Worm for turning again, when it is most churlishly and injuriously trod on. Nor was Mr. Wing singular, or alone, in partaking of the malice of Enemies, or of being unworthily traduced. Mr. Wing's Saviour (who had the same Vide, Cardan, in Coment. Ptol. Morinu:, in Astrol. Gallica. Gregor:, in Notes on Scripture. Card. Aliac. &c Ascendent with him) was so served before him. The brightest Sun attracts the basest and most envious exhalations. The great Hippocrates had a Thessalus to oppose him; and Divine Homer met with a Momus and Zoilus. And we know, that there are as many Nebulous and Cloudy-Starrs in the eighth English Sphear, as there be Glorious and Shineing ones. No Truth in Heaven or Earth, but hath its Anti-truth. No Day without its Shadow; or Diamond that wants it foyl. Never was any Person famous for any thing yet, but as he met with Favourites, so he found Detractors. And what excellency can we name or think of, that hath been free from opposition or interruption? And therefore it is no wonder, that a man so popular as Mr. Wing, hath met with his Share of affronts and abuses: it should rather have been Recorded a Miracle for him to have missed them. But Mr. Wing was too great a Philosopher, and too good an Astrologer to be concerned or troubled at such vanities. It was a satisfaction to him sufficient, to know that he had justly and fairely demonstrated and advanced the Truth of what he Studied, and therein discharged a good mind. And he having met with the approbation and thanks of the most judicious and knowing, for his great pains and industry, looked upon the ignorant and false attempts of this adversaries to be too sinewless sincereless to impare his worth, and their hatred too imbecil and truthless to torment or discompose him. He appeared first upon the Theatre of the world in the two and twentieth year current of his Age; beginning then to Write and Print his Annual Books or Almanacks; and as a fit direction for the favouring of such a purpose, the Sun then came ad Sextilem Veneris in Tauro: She being Governess of his Ascendent, and one of the Almutens of his Geniture; and the Sun (the Grand Patron of publick Fame and Glory) located in Septimâ Domo, the great Angle of business and action. And (that which is as remarkable) together with so favouring a Direction, he had a very auspicious Revolution for that year; as you may behold by the following Scheam thereof. Astrological diagram In this Cœlestial Figure, you see the Lords of the Horoscope and Medium Cæli, are in their sublimities or exaltations, and in a short quadrate to each other, equivalent to a Sextile; and the one of them in Trine to the Midheaven, and the other casts the same Aspect to the , or eleventh Angle; and Royal fixed Stars on the prime Cusps of the Scheam. The Lady of the Ascendent at birth (as there) is Almuten of this Revolution, and herein returned to her Radical place, casting a friendly Sextile to Mercury (the Patron of Learning and Books) in the Seaventh House, and a Trine to the Nineth, and Ascendent. It is in all respects a most admirable position of Heaven; and most properly agreeth unto the happy and immortal effects of this Natives Pen. Indeed Mr. Wings writings found a most excellent welcome into the World, among all sorts of ingenious persons: even so great and happy an one, that (at length) in that year, wherein Fifty Thousand of his Almanacks Almamacks have not sold or gone off, the Company of Stationers (as I have been credibly informed) have hath esteemed it but a year of an indifferent sale. So universally spreading was this persons Fame, he beginning to write under so happy and Favourable a Revolution and direction. And these his Annual Books or Almanacks, he continued twenty eight years together; - > thereby making an addition to his former Reputation, but never growing less, or loosing of any his once purchased Honour. He still gained ground, but never lost any; and not only his Almanacks, but his other more laborious writings also, met with a very happy entertainment and success: So that in type Truth, all persons that have printed and sold his works, as well as those that have bought and read them, are Debtors to his memory and pains. And the Book-seller and Printer as well as the Astronomer must mourn the unhappy loss of Mr. Wing. But now, Mr. Wing was not only a good man, and singular good Artist, but he was a kind and loving Neighbour: and for his temperate and sober behaviour and demeanor, was infinitely beloved of all those he lived among: as well of the more Rustical and unpolished sort of people (which generally look upon Astrologers as Conjurors, and Mathematicians as Mad-men;) as of those of the best quality and breeding; obliging the latter by his Ingenuity and Industry in Science; and the former by his Humility, and readiness at all times to do them good. So that the meaner sort of people were always ready to serve him; and the better sort of Persons Dominus Ascendentis cum domino Medij Cæli dat honeres, & Principum, (aut Magnatum) familiaritates. Ptol. par. p. 132. to assist and encourage him in any of his Studious attempts. He was a Serious Cordial Friend, and hard to be removed in affection when once he had settled it upon any man; and when he was necessitated to be an Enemy, (being naturally so great a lover of Peace and Friendship) it was as great a trouble to him, as the knowledge of Letters was (pretended to be) to a Noble Roman, when he came to signe the death of any Offendor. In his greatest provocations, and from the very worst of his Enemies, (as I am informed) he would admit of a Reconcilement upon the easiest terms imaginable: he ever loved to preserve Amity and Friendship, and to crush or banish Enmity and Hatred. He was likewise known to be a most careful and loving Husband, and a Kind and Indulgent Father; as appeared both in the Prudent government of his Family in his Lifetime, and by his disposeing and ordering of things at this Death, for the good of his Relict and Children: that they might not (after his Decease) turn Wolves and Tygers each to other; as in too many very good Families (for want of such care and foresight) it is, God knows, too frequently seen; and (when past remedy) too vainly lamented. Lastly, Mr. Wing was a man so naturally made for Action, and so much abominating Remisseness and Dulness; that to follow his employments, he often hazzarded his much to be prized Health: he having for near thirty years together, been constantly upon business, riding early and late, in all kinds of weather, wayes, and seasons, which (sine Dubio) was the propinquate cause (at length) of a very great Hoarsness, which began to seize him violently in the beginning of the fortynineth year of his Age, it being a year Climacterical: which Hoarsness was (after some interval of time) attended with a Consumption and Catarrhe; whereof in the moneth of September, 1668. and the twentieth day thereof, when the Moon was in an opposition of Saturn, he ended all his Tedious Labours and Travels, with this his Terrestrial Pilgrimage: And so, receiving an exchange to a better Life, is now at Rest with God. Behold, how the Heavens were posited in the Revolution of the Year of his Death; as you may see in the following Sceam. Astrological diagram Herein you see the Lord of the Ascendent, and Lord of the Eighth House are applying to a Conjunction, and this upon the Cuspe of the Eighth House in the Radix; and not only so, but they are both of them in a hateful opposition of Mars, and in Quadrate Aspect of Saturn: and the Lady of the Ascendent in the Radix, is, in this Figure returned to the place of Saturn and Oculus Tauri, who were radically placed in the House of Death. Saturn also is by Direction, as well as Position, promittor of Death in this Nativity. All which are as so many Trumpetters of this Natives approaching Fate; which he (instead of being daunted at) welcomed with a great deal of Chearfulness even to the very last. And indeed no man that hath lived well and uprightly, & done good in his Generation (as Mr. Wing had done) need be affraid of Death, or of the knowledge of the time thereof. It was a Blessing that Facut experiar, Jehovah, finem meum, mensura dierum meorum, quid sit; experiar quam durabilis druabilis sum. Psal. Holy David prayed for, and that St. Paul desired: And although it may be the Sinful mans Terror and Torture to know it, it is the Just mans Joy. The Direction that Cut off Life, was the Sun to the Body of Saturn, viz. the meeting of the Hylech and Anareta, in an Anaretical place thus proved. [deg] [min] Longitudo Solis [aries] 29. 18. Descensio Obliqua 41. 27. Longit. Saturni [gemini] 6. 24. Latit. Saturni merid: 1. 51. Declinatio Supra terram 19. 38. 36. Ascensio Recta Saturni 64. 51. Differentia Ascentionalis 26. 9. Descensio Obliqua Saturni 91. 0. Arcus Directionis 49. 33. If the Learned Ptolomy may be credited, (as indeed why should he not, if he speak truth?) when he sayes, Aphor. 37. That those persons who have Libra or Aries Ascending at their Birth, shall (not need the envy of others to bring them to their ends, but) be the unhappy cause of their own Deaths: Quorum autem ascendens erit Aries aut Libra, hi mortis suæ causæ erunt. Ptol. Cent. Aphor. 37. (although I believe, and all the world knows and is satisfied, that Mr. Wing was not felo de se , as Lawyers speak, being of better principles than to commit a violence upon or against himself; yet,) I am convinced, that (in a charitable and just sense,) he made the Aphorisme good. For, we know his Soul was so set upon business (as before you have heard) that he laboured, not only beyond his strength, even till the last, but against the opinions of his Physicians: not that he conceived in so doing, he any way did hasten or accelerate his Death, but because he hated Idleness: being a man of so unwearied a fancy, that he was Active, and working to the last; and had not Strength and Vigor first left him, he had never left his Employment; for he dyed labouring, even in the middest of his business, as well as his years. The worthy Albohali tells us, that if the significators of Death in any Nativity, shall be in domibus vel exaltationibus suis, a malis liberi, erit mors ejus in parentes et proximos suos. And so true we find his words, (for they take full place in Mr. Wings Nativity) that, as Mr. Wings Life did not cross or Contradict the Influences of the Stars, neither did his Death. For he (as the Holy Patriarch Jacob) dyed among his Relations, & received an honourable Interment.

Miscellaneous

SOME REMARKS ON THE LIFE and DEATH OF Mr. VINCENT WING, Compared with his Nativity.

A brief relation of the Life and Death of the late Famous Mathematician and Astrologer, Mr. Vincent Wing [...]

MscB1685

TO write of Architecture and its several parts, of Situation, Platforms of Building, and the quality of Materials, with their Dimensions and Ornaments: To discourse of the several Orders of Columns, of the Tuscan, Dorick, Ionick, Corinthian, and composit, with the proper inrichments of their Capitals, Freete and Cornish, were to transcribe a Folio from Vitruvius and others; and but mispend the Readers and Writers time, since we live in an Age and Country, where all the Arts belonging to Architecture are so well known and practised: And yet at the same time and place to write an Apology for the Artist may seem a greater trifling. In a time when since the Grecian Greatness their Arts were never better performed. In a place where Buildings are generally so well finish'd, that almost every House is a little Book of Architecture; and as the ancient Artists made Athens and the rest of their Cities famous by their Buildings, and still preserve the memory of the places by the ruins of their excellent Arts: so the Artists of this Age have already made the City of London the Metropolis of Europe, and if it be compared for the number of good Houses, for its many and large Piazzas, for its richness of Inhabitants, it must be allowed the largest, best built, and richest City in the world. But such is the misfortune of Greatness to be envied. The Citizens, nay the whole Nation is astonished at the flourishing condition of this Metropolis, to see every year a new Town added to the old one; and like men affrighted are troubled with misapprehensions, and easily imposed on by the false suggestions of those that envy her Grandeur, and are angry with the Builders for making her so great. The Citizens are afraid that the Building of new Houses will lessen the Rent and Trade of the old ones, and fancy the Inhabitants will remove on a sudden like Rats that they say run away from old Houses before they tumble. The Country Gentleman is troubled at the new Buildings for fear they should draw away their Inhabitants, and depopulate the Country, and they want Tenants for their Land. And both agree that the increase of Building is prejudicial to the Government, and use for Argument a simile from those that have the Rickets, fansying the City to be the Head of the Nation, and that it will grow too big for the Body. This is the Charge that is laid on the Builders: Therefore the design of this Discourse is to answer these aspersions, to remove these fears and false conceptions, by confuting these Popular Errors, and shewing that the Builder ought to be encouraged in all Nations as the chief promoter of their Welfare. This is done by shewing the Cause of the increase of Building, and the Effects; as they relate to the City, to the Country, and to the Government. THE Cause of the Increase of Building is from the natural increase of Mankind, that there is more born than die. From the first blessing of the Creation, Increase and multiply, joined to the good Government of a Gracious King. There are three things that man by nature is under a necessity to take care of, to provide food for himself, Clothes and a House. For the first, all the rest of Creation as well as man is under that necessity to take care of: For life cannot be maintained without food. The second belongs only to man, and it is a question by some, whether it is required of him by nature, or custom, because in some Countries (and those cold) men go naked. But as to the last, it is most certain, that Man is forced to build by nature, as all those Creatures are, whose young are born so weak (like the offspring of Mankind), that they require some time for strength after their birth, to follow their Parents, or feed themselves. Thus the Rabbit, the Fox and Lion make themselves Burrows, Kennels, and Dens to bring forth, and shelter their young, but the Mare, Cow, Sheep, &c. bring forth in the open field, because their young are able to follow them as soon as folded. So that the natural cause of Building a House is to provide a shelter for their young; and if we examine man in his Natural condition without Arts, his Tenement differs little from the rest of Nature's Herd: The Fox's Kennel though not so large, being a lesser creature, may yet for its contrivance in its several apartments be compared with any of his Cottages: Earthen walls, and covering are the manner of both their Buildings, and the Furniture of both their Houses alike: Now as the Rabbits increase, new Burrows are made, and the Boundaries of the Warren are enlarged. So it is with Man, as he increaseth, new Houses are built, and his Town made bigger. When Mankind is civilized, instructed with Arts, and under good Government, every man doth not dress his own meat, make his own Clothes, nor build his own House. He enjoys property of Land and Goods, which he or his Ancestors by their Arts and industry gained. These Possessions make the difference among men of rich and poor. The rich are fed, clothed, and housed by the labour of other men, but the poor by their own, and the Goods made by this labour are the rents of the rich mens Land (for to be well fed, well clothed, and well lodged, without labour either of body or mind, is the true definition of a rich man.) Now as men differ in Estates, so they differ in their manner of living. The rich have variety of Dishes, several suits of Clothes, and larger Houses; and as their riches increase, so doth their wants, as Sir William Temple hath observed, men are better distinguished by what they want, than by what they injoy. And the chief business of Trade is the making and selling all sorts of Commodities to supply their occasions. For there are more hands imployed to provide things necessary to make up the several distinctions of men. Things that promote the ease, pleasure and pomp of life, than to supply the first natural necessities from hunger, cold, and a house only to shelter their young. Now the Trader takes care from time to time, to provide a sufficient quantity of all sorts of Goods for mans occasions, which he finds out by the Market: That is, By the quick selling of the Commodities, that are made ready to be sold. And as there are Butchers, Brewers and Cooks, Drapers, Mercers and Taylors, and a hundred more, that furnish him with food and clothes; so there are Bricklayers, Carpenters, Playsterers, and many more Traders, that build houses for him, and they make houses of the first, second, and third rate of building in proportion to the increase of the several degrees of men, which they find out by the Market, that is by letting of Houses already built: so that if it were throughly believed, that Mankind doth naturally increase; this miracle of the great increase of Houses would cease, it is therefore necessary to shew that man doth naturally increase. This may be sufficiently proved by Sacred History, That the World was first peopled by the increase from Adam and Eve, and after the deluge repeopled by Noah and his Sons Shem, Ham, and Japhet. That the Jews began from the single stock of Abraham by Isaac, and so from Jacob; and when Moses numbred them, which was not long distance of time (being computed to be about Two hundred and sixty years from Jacob) they were above Six hundred thousand fighting men, reckoning only from Twenty years old and upward, besides Women and Children. And when numbred by David, which was about four hundred and fifty years after, they were grown a very great Nation, being Thirteen hundred thousand fighting men of Judah and Israel. But the late Lord Chief Justice Hales in his Discourse on this subject was not contented to relye wholly on Arguments from Authority of of of Holy Writ, and therefore takes other Topicks to confirm the relation of Moses concerning the beginning of the world, and the peopleing of it by a natural increase. These are the Arguments of the late Lord Chief Justice Hales, to prove that Mankind naturally increaseth, of which he discourseth at large in his Book of the Origination of Mankind, and therein answereth all the Objections to the contrary. And because these two last Arguments from the Survey of the DoomsdayBook, and Bills of Mortality carry with them the greatest force, for they best discover the matter of Fact as to our own Nation. I have therefore made it my business to make a scrutiny into the truth of them: As to the first, it is easie to make it appear that there is thirty times more people in England than they were in William the Conqueror's time, when the Survey was taken. And as to the latter, I shall have occasion to discourse of at large hereafter. And if it were necessary to use any further Arguments for the proof of this Matter, they would plainly appear by comparing ancient Histories with Modern in the Descriptions they give of the Countries. As to the great Woods, the many little Governments, and the manner of the Peoples living without Arts: But not to wander over many Countries, and among several Historians I will only take the short description that Cæsar giveth of our own, to shew how it differs from what it now is. He says, "That the inner part of Britanny is inhabited by such as memory recordeth to be born in the Island: And the Maritime Coast by such as came out of Belgia, either to make Incursions or Invasions, and after the War was ended they continued in the Possessions they had gained, and were called by the name of the Cities from whence they came. It is true, he says, "The Country is very populous and well inhabited, with Houses like unto them in Gallia.": But that must be understood as other Countries of Europe were then. It appears that in England there were many Governments and little Colonies of people, "for he reckons four Kings in the County of Kent, besides some little States. And he says, "Most of the Inland people sow no Corn, but live on Milk and Flesh, clothed with skins, and having their faces painted with a blew color to the end they might seem more terrible in fight. The Britans Towns, he says, is a place ditched about to make a shelter for themselves and Cattel. And their manner of fighting was by making sudden Excursions out of the Woods, and then retiring into them for shelter. All which Descriptions shew the Country was not so populous as now. For where were there are great Woods, there is not room for Pasture or Corn, to feed Mankind: Besides they are a shelter for beasts of prey, which man as he increaseth doth every where destroy, and suffers no Flesh-eaters to live but himself, except the Dog and Cat, which he maketh tame for his use. The Lion, Wolf, and the Bear are not to be found in a populous Country; and it is the first business of all the Planters in America to destroy the wild Beasts, and the Woods, to make room for themselves to plant in. And the reason probably of those Roman Causways, that we find in England, was to make Roads through great Woods to the several Roman Colonies; though at this time we find them in open Champaign Countries; for had the Country been so then, they would certainly have made them straiter than we now find them. The many little Governments shew the infancy of a Country, for from single Family-government first began; those Governments were but so many families of great Men: Now the large Boundaries that so many little Governments take up in a Country, make one half of the Country useless: For men are afraid to plant or sow too near their enemies Country for fear they should lose their Harvest. Therefore the same Land cannot feed so many people as when it is under but one Government. Besides without Arts, a great number of People cannot live together; the earth by the arts of Husbandry produceth ten times more food than it can naturally. And neither can there be any great Cities, for the Inhabitants have nothing to exchange for their food, for it is the Arts of the City which are paid for the provisions of the Country. To conclude, nothing is so plain from ancient History as that Asia was first peopled, and (according to the Description of Moses) began about Babylon: And as Mankind increased, and the Country filled with Inhabitants; Arts were invented, and they possest more ground, till they spread themselves into Egypt, and so over Africa, and from thence into Greece, over Europe, and now Europe being full, their swarm begins to fill America. And all the ancient Descriptions of the Countries of Europe, in the times of the Roman Greatness, are just such as are now given of America, and differs vastly from what they are now, in the number of Cities, Towns, and Arts of Inhabitants. For were America so well peopled as Europe is, those great Countries that are possest there by the Spaniards, French, Dutch and English, some of them bigger than their own Countries in Europe, could not be so quietly held, and injoyed by not a hundredth part of the people of their own Country. And although the valor of the Roman Soldiers, and their affected Bravery (grown as it were a fashion, and a popular Emulation) conduced much to the greatness of the Roman Empire; yet nothing promoted its success so much, and gave it such large extent as the Infancy of Europe at that time, being thinly inhabited with people, without Arts, and full of little Monarchies and aud States. For had it not been so, Cæsar could never have over-run Gallia, Belgia, Britany, and some part of Germany, and kept them in subjection with only ten Legions of Soldiers, which was but fifty thousand men; for we have seen within these late years much greater Armies in Belgia alone, (that is within the Seventeen Provinces, and amongst them men not inferior either in courage or skill in War, and yet have not wholly subdued one Province. And perhaps had these Forces at the same time been sent into America, they might have extended their conquest over as much ground and over as many people as Cæsar did. Nor was England so populous then as now it is; For had it been, Cæsar would never at first have ventured to invade it with two Legions; and at the second time when he designed a full conquest brought over with him but five Legions, that is but five and twenty thousand men. For although some may think from the great Armies we read of; neer two Millions of men under Cyrus and Xerxes in Asia; and of vast swarms of the Goths and Vandals in Europe, in their Invasions under King Attila and others, that the world was more populous than now, because we hear of no such numbers of late; yet if it be considered, it demonstrates only the manner of their fighting, and the infancy of the world; The want of people, and Arts, rather than that it was populous. For the Gentiles Armies were made up after the manner of the Jews, by taking all that were able to bear Armes, reckoning from about 20 years old to sixty. For when Cæsar had slain the Army of the Nervii, being about 50000 men, (a valiant people, one of the Seventeen Provinces); the old men and Women Petitioning for mercy, declared that there was not 500 men left in the whole Nation, that were able to bear Arms. And if the King of England should reckon his Army after this manner; Of his eight Million of Subjects (as they are computed to be) there could not be less than three Millions that were able to bear Armes, which would be a greater Army than ever we read of; which must shew that the world was thin of People; since the Assyrian Empire the oldest, and therefore most populous did never raise so great a number. And those great numbers shew that they wanted Arts; for we read that the Athenians a small but learned people baffled and destroyed all the great Army of Xerxes, reckoned by some to be Seventeen hundred thousand men; And Alexander with a small number of skilful and valiant Greeks subdued the then inhabited World. And although the Goths and Vandals, and the Cold parts of the World made their Invasion for want of room to live in, yet that proceeded from the want of Arts. For by Arts the Earth is made more fruitful, and by the invention of the Compass and Printing, the World is made more habitable and conversable: By the first the Countries Traffick and Exchange the Commodities they abound with, for those they want. The Timber, Pitch and Tarr of the cold Countries are Exchanged for the Wine, Brandy, and Spices of the hot. By the latter all Arts are easier discovered; By Traffick and Arts the Inhabitants of the cold Countries are better fed, better clothed, and better lodged; which make them indure the Extremities of their Climates better than formerly; and as they increase they build new Towns, inlarge their Cities, and improve their own Country; instead of invading and destroying their Neighbours. But to return home: It is plain that the natural increase of Mankind is the cause of the increase of the City, and that there are no more Houses built every year in it, than are necessary for the growth of the Inhabitants: As will somewhat appear by the number of Apprentices made free, and Marriages every year in the City. By the best computation that I can learn, there are no less than ten thousand Married every year in the City; which is no great number considering the number of Inhabitants: And if we should allow two Weddings in a Parish every week one with another, (there being a hundred and thirty Parishes in all) it will much exceed this proportion. Now in some Parishes there is seldom less than ten in a week. And in Dukes-place, and St. Katharine's, being priviledg'd places, there is ordinarily twenty or thirty in a week. As to the number of Apprentices that come every year out of their time, there are not less than Nine thousand; which will not be thought too great a number, if we reckon the Houses in the City, to be about Fourscore thousand: And if the fourth part of this number be allowed for the Gentry, or those which live without Trades or Professions; and the three other parts being Sixty thousand, for Trades or Professions; and one Apprentice to every House (though in some Houses are three or four Apprentices); and that in seven years the whole number come out of their time; then in every year a seventh part of Sixty thousand, (which is about Nine thousand a year) will come out of their time. Now if Mr. Grant's Computation be right, that these Houses contain Eight persons, one with another, then there ought to be a thousand Houses at least built every year for these Nine thousand Apprentices that come out of their time, and the Ten thousand Weddings to have room to breed in. And this proportion is only sufficient to lodg them, and not for places to Trade in, for nine Traders cannot live in one House. Therefore some of their Masters, or other Traders must either die, break, or being grown too rich give over their Trades to make room for some of them to have places to Trade in, besides those that are furnish'd with places by the new Houses. But I find Mr. Grant much mistaken in his account about the number of Inhabitants in each House in the out-parts; Perhaps it was from the rebuilding of the City with Houses more capacious and more in number. For in this last five and twenty years: the Inhabitants are now a third part more, as appeareth by the Bills of Mortality; For in the year 1660 and 1661 there died between Thirteen and fourteen thousand a year, and now there dies betwixt Twenty one and twenty two thousand a year. So that there ought to have been built above Twenty six thousand Houses in these twenty five years, which is above a thousand Houses a year to lodg this increase, which are much more than have been built in the out parts, for it appears by Mr. Morgan's Map of the City that there have not been built in this time 8000 Houses, that is not 300 Houses one year with another. But this is certain, that there are no more Houses built every year than are occasion for; because there are Tenants for the Houses, when built, and a continuance every year to build more. For the Builders will do as other Traders, who, when the Market is overstocked with their Commodities, and no occasion for those already made, forbear to make any more, or bing them to the Market, till a new occasion requireth them. And when they find they cannot lett those already built, they will desist from building, and need no Act of Parliament to hinder them. So that we may as well complain that there is too much Cloth and Stuff made, too much Corn sowed, too many Sheep or Oxen bred, as that there are too many Houses built; too many Taylors, Shoo-makers, Bakers and Brewers, as there are too many Builders. NEW Buildings are advantageous to a City, for they raise the Rents of the old Houses. For the bigger a Town is, the more of value are the Houses in it. Houses of the same conveniency and goodness are of more value in Bristol, Exeter and Northampton, than in the little Villages adjoyning. Houses in the middle of a Town are of more value than those at the out-ends; and when a Town happens to be increased by addition of New Buildings to the end of a Town, the old Houses which were then at the end, become nearer to the middle of the Town, and so increase in value. Houses are of more value in Cheapside and Cornhill, than they are in Shoreditch, White-Chappel, Old-Street, or any of the Out-parts; and the Rents in some of these Out-parts have been within this few years considerably advanced by the addition of New Buildings that are beyond them. As for instance, the Rents of the Houses in Bishopsgate-Street, the Minories, &c. are raised from fifteen or sixteen pounds Per Annum, to be now worth thirty, which was by the increase of Buildings in Spittle-Fields, Shadwell and Ratcliff-Highway. And at the other end of the Town those Houses in the Strand and Charing-Cross are worth now fifty and threescore pounds Per Annum , which within this thirty years were not Lett for above twenty pounds Per Annum ; which is by the great addition of Buildings since made in St. James's, Leicester-Fields, and other adjoyning parts. But in those Out-parts where no New Buildings have been added, as in OldStreet, Grub-Street, and all that side of the City which does not increase, Houses continue much of the same value, as they were twenty years ago: And the reason of this is; because Houses are of value, as they stand in a place of Trade, and by the addition of new Buildings the place becomes to be a greater Thorough-fare, by the passing and repassing of the Inhabitants to these new Buildings. 2. They are advantageous to the City, because they increase the Trade of it: The Trade of the City is either Wholesale, or Retail. Now the New Buildings of Bloomsbury, LeicesterFields, St. James's, Spittle-Fields, &c. are like so many new Towns for the Wholesale-Trader to Traffick in. The Inhabitants of these places do eat, wear Clothes, and furnish their Houses, and whatsoever Commoditie they use, come first from the Merchants, or WholesaleTrader. For the City is the great Mart for Goods, from whence all other places must be furnished; so that the New Buildings are beneficial to the Wholesale Trade of the City. And it appears that they are likewise advantageous to the RetailTraders, because they can afford to give more Rent for their old Houses, than they did formerly; for otherwise none would believe that the Tenants of Bishopsgate-street, and the Minories could subsist and pay double the Rent for their Houses within this thirty years, had they not a better Trade in those places than formerly. NEW Buildings are advantageous to the Country: I. By taking off the Commodities of the Country, The Materials of these Houses, as Stones, Bricks, Lime, Iron, Lead, Timber, &c. are all the Commodities of the Country. And whatsoever the Inhabitants of these New Houses have occasion for, either for food, Apparel, or Furniture for their Houses, are at first the growth of the Country; And the bigger the Town grows, the greater is the occasion and consumption of these Commodities, and so the greater profit to the Country. II. New Buildings provide an habitation and livelihood for the Supernumerary and useless Inhabitants of the Country. The younger Sons of the Gentry, the Children of the Yeomen and Peasants are by these means provided with Callings, Imployments, and Habitations to exercise them in; which should they have continued in the Country, would have been burdensome, and chargeable to their Friends for want of Imployments. For there is always Inhabitants enough left in the Country for the imployments of the Country. For if the Country wanted people, there would be a want of their Commodities, for want of hands to provide them. Now there is as much Land Plowed, and all sorts of Grain sown, and reaped every year, as there is occasion for; and sometimes more: For the Crown in some years hath been at charge to Export it. And there is as much Wooll provided and made into Clothes and Stuffs, as the Market can take off, and so for all other Commodities of the Country. Nay there are more of all the Country Commodities every year made than formerly: There are more Stuffs, more Clothes sent up to Gerard's and Blackwell-Hall, as appears by the Entries of those Halls; and more Sheep and Oxent sent to London, and eaten, than formerly. For there are more people in the City to be fed; so that there must be more hands in the Country to provide this greater quantity of Commodities: And the Country does increase as well as the City, as hath been already observed from the Doomsday-Book. Therefore if the Rents of the Lands fall in the Country, it must not be ascrib'd to the New-Buildings draining their Inhabitants, but to some other occasions; Which probably may be from the great improvements that are made upon the Land in the Country, either by draining of Fens; improving of Land by Zanfoin; or other profitable Seeds; inclosing of grounds, or disparking and plowing of Parks, by which means the Markets are over stock'd and furnished at a cheaper rate than those Lands can afford affford , who have had no advantage from improvements: Or else the Market is removed at a greater distance, and the Lands are forced to abate in their price for the carriage; The Town perhaps is decayed, that they used to furnish, and the Trade removed to move other flourishing place at a greater distance; occasioned some times by the death or removal of some great Clothier or Trader; or some other natural obstruction of the place; as the choaking up of some Haven, and the forsaking of the Sea, which is the reason of the decay of the Cinque-Ports. These or some other occasions may make some particular mens Farms fall in value; but there is never a County in England, where the Land of the whole County doth not produce a third part more in value than it did within a 100 years, and whosoever will compare these present Rents, with what they were then, will find them generally increased. Therefore the New Buildings of this City cannot prejudice the Country, but are greatly advantageous to it. I. NEW Buildings are advantageous to the King and Government. They are instrumental to the preserving and increasing of the number of the Subjects; And numbers of Subjects is the strength of a Prince: for Houses are Hives for the People to breed and swarm in, without which they cannot increase; And unless they are provided for them from time to time in proportion to their increase, they would be forced to go into the Plantations and other Countries for habitations; and so many times become the Subjects of other Princes; but at the best the Country loseth the profit of feeding them; for they that live in a City are unskilful and unfit for Country-life; and this is the reason why so many Scotch Citizens are wandring Pedlers: and that every Town in Europe hath a Scotchman for an Inhabitant. And that this will be the Effects will appear plainly by examining the growth of the City of London, since the Buildings have flourished, with its condition, when the Buildings were prohibited; And we cannot make a better discovery of it than by the Bills of Mortality, for it is reasonable among such a number of Mankind, such a number should die; and whether it be in such a proportion as one in three and thirty, as Mr. Grant and Sir William Petit have observed, is not so material to this purpose; but it is a certain demonstration, That if the Burials have increased, the number of Citizens hath increased, though the proportion may be uncertain. Now to begin the Observation from the first Bills, that were Printed, which was in the year 1606, for the space of six and seven and twenty years, we shall find very little increase in the City, for in 1606 and 1607, there died between six and seven thousand a year; and in the years 1632 and 1633 there died betwixt eight and nine thousand; Now the reason of this was the People of England were a little before that time under the same mistake, as they are generally now, and cried out against the Builders, that the City would grow too big; and therefore in the 38 of Queen Elizabeth they made a Law to prohibit Buildings in the City of London; which though it was but a probationary Act, to continue only to the next Sessions of Parliament (which was but a short time) yet its effects were long; For it frighted the Builders, and obstructed the growth of the City; and none built for thirty years after, all King James his Reign, without his Majesties License; But for want of Houses the increase of the People went into other parts of the world; For within this space of time were those great Plantations of New England, Virginia, Mariland, and Burmudas began; and that this want of Houses was the occasion is plain; For they could not build in the Country, because of the Law against Cottages. For people may get children and so increase, that had not four Acres of ground to Build on. But the People of England at last were convinced of this popular error, and petitioned in Parliament his Majesties K. Charles the Martyr, that he would take his restraint from the Builders; and if the next period of seven and twenty years be examined, wherein there was a greater liberty of Building, though in this space there was a great Rebellion and Civil Wars, which is a great allay to the growth of the People, yet there appeareth a much greater increase of the City of London; For in the years 1656 and 1657, the Burials were twelve and thirteen thousand, But the flourishing condition of the City of London raised a new clamour against the Builders, and Oliver the Usurper glad of any pretence to raise a Tax, made use of this clamor, and laid it upon the new Foundations; but though it was an heavy and unjust Tax upon the Builders, yet he got little by it, for the whole Summ collected was but Twenty thousand Pounds clear of all charges, as appears by the Records of the Exchequer; however it had the same ill effects to stop the Builders, and growth of the City; for the People for want of Houses in that time began that great and flourishing Plantation of Jamaica. Now if the last Period since his Majesties happy Restauration be examined, wherein the Builders have had the greatest liberty, it will appear that the Inhabitants of the City have increased more than in both of the former Periods; for the yearly Bills of Mortality are now betwixt two and three and twenty thousands, so that the City is since increased one third, and as much as in sixty years before. This is sufficient to shew that a Nation cannot increase without the Metropolis be inlarged, and how dangerous a consequence it may be to obstruct its growth, and discourage the Builders. It is to banish the People, and confine the Nation to an Infant Estate, while the Neighbouring Nations grow to the full strength of Manhood, and thereby to render it an easie conquest to its enemies. For the Metropolis is the heart of a Nation, through which the Trade and Commodities of it circulate, like the blood through the heart, which by its motion giveth life and growth to the rest of the Body; and if that declines, or be obstructed in its growth, the whole body falls into consumption: And it is the only symptome to know the health, and thriving of a Country by the inlarging of its Metropolis; for the chief City of every Nation in the world that flourisheth doth increase. And if those Gentlemen that fancy the City to be the Head of the Nation, would but fancy it like the heart, they would never be afraid of its growing too big; For I never read of such a disease, that the Heart was too big for the Body. And if we are of Machiavel's opinion, this simile is the best, for he saith, that Citizens make no good Counsellors, for having raised their Fortunes by Parsimony and Industry, they are usually too severe in punishing of Vice, and too niggardly in rewarding of Vertue. 2. It is the interest of the Government, to incourage the Builders; not only because they preserve and increase the Subjects, but they provide an imploy for them, by which they are fed, and get their livelihood. There are three great ways that the People in all Governments are imployed in: In providing Food, Clothes, and Houses. Now those ways are most serviceable to the Government, that imploy most of the People; Those that are imployed in feeding of them, are the fewest in number: for ten men may provide food enough for a thousand: but to cloth, and build Houses for them, requireth many hands: And there is that peculiar advantage that ought to be ascribed to the Builder, that he provideth the place of birth for all the other Arts; as well as for man. The Cloth cannot be made without houses to work it in. Now besides the vast numbers of People that are imployed in digging and making the Materials, the Bricks, Stone, Iron, Lead, &c. all those Trades that belong to the furnishing of an house, have their sole dependencies on the Builders, as the Upholsterers, Chair-makers, &c. But that which is the greatest advantage, they do not only provide a Livelihood to those that belong to the building, and furnishing of Houses, but for the Tenants of those New Houses: For the People being collected and living together in one Street, they serve and trade one with another: For Trade is nothing else but an exchange of one mans labour for another: as for instance, supposing an hundred men which lived at great distance before; some in Cornwall, others in Yorkshire, and so dispersed over all the Countries in England, live together in one Street; one is a Baker, the other a Brewer, a Shoo-maker, Taylor, &c. and so in one Trade or other the whole hundred are imployed; The Baker gets his living by making Bread for the other ninety, and so do all the rest of them; which while they were dispersed at distances, were useless, and could not serve one another, and were ready to starve for want of a Livelihood. 3. But they get not only a Livelihood, but grow rich: There ariseth an emulation among them to out-live and out-vye one another in Arts. This forceth them to be industrious, and by industry they grow rich. 4. The increasing of Buildings, and inlarging of Towns, preserveth the peace of a Nation, by rendring the People more easily governed. First it is the Builders interest of all sorts of men to preserve peace: Every man that buildeth an House, gives Security to the Government for his good behaviour. For War is the Builders ruin. The Countryman may expect to enjoy his Land again, though for a time it be laid wast; the Merchant may hide his Goods, or remove them; but when the Town is besieged, the Houses are fired, the place made desolate, and nothing is left to the Builder but ruins, the sad remembrance of his condition. Besides, all Cities are more inclined to Peace, than the Country; the Citizens Estates are in Trade, and in Goods; many of which grow useless in War, and lye in other Peoples hands, and their Debters run away, and take Sanctuary under the Sword; And Citizens being usually rich, cannot endure the hardship of War. Next, great Cities are more easily Governed, because they are under the eye of the Prince, as generally the Metropolis is; or else under some Governour, who by his rewards from the Crown, is engaged to be very watchful in preserving the Peace; so that if they should grow factious, they are more easily corrected. Thus the Ottoman Power governs his Conquest by destroying Villages and lesser Towns, and driving the People into Capital Cities, which by the presence of some Pasha Basha are governed. Thus the King of France in his late Conquests in Flanders and Alsatia, burnt some hundreds of Villages; but Luxembourg, Strasbourg, and other great Towns are preserved. And the bigger the City, the more advantageous to the Government; for from thence they are on a sudden the better supplied with Men and Ammunition, to suppress any Rebellion, or oppose a Foreign Enemy. Lastly, New Buildings increase his Majesties Revenues, not only by the ChimneyMoney, which makes it a growing Revenue; but by the Customs paid for the Materials to build and furnish the Houses. Besides they being the cause of the increase of the City, all the increase of the Revenues from the Excise and Customs (since the Cities increase) must be ascribed to them: which are a fourth part more than they were five and twenty years ago. And the Excise is not only increased in the City, but it is so in the Country; which must not be ascribed solely to the good Management, but chiefly to the natural increase of the People. For if there be a third part more People in the City than there were five and twenty years ago, there must be a proportionable increase in the Country to provide Food and Clothes for them. To conclude, It was upon these considerations, That by the building and inlarging of a City, the people are made great, rich, and easily governed: That those ancient and famous Governments, Thebes, Athens, Sparta, Carthage and Rome, began their Dominions, and inlarged them with their Cities; and of late the States of Holland have followed these Examples. The Citizens of Amsterdam have thrice flung down their Walls to inlarge it; so that from a little Fisher-Town within less than 200 years it is become the third or fourth City of Europe: and the rest of their Cities have followed their Pattern; and made Grafts and Streets at the charge of the Government; endeavouring to outvie one another by giving Priviledges to incourage the Builders and Inhabitants. And these States have found the effects of it; for by this means they have changed their Style from the Poor Distressed States, (as they wrote to Queen Elizabeth) to the High and Mighty States of the United Provinces. And if the City of London hath made such a Progress within this five and twenty years, as to have grown one third bigger, and become already the Metropolis of Europe, notwithstanding the Popular Error the Nation have been infected with, and the ill censures and discouragements the Builders have met with; had they been for this last hundred years encouraged by the Government, the City of London might probably have easily grown three times bigger than now it is. And if we consider what the natural effects of so great a City must have been; To be furnished with such large Provisions for War suitable to its greatness; Such a vast number of Ships; being situate on an Island and Navigable River; filled with innumerable Inhabitants, of such natural courage as the English are; and to be so easily transported on a sudden with all things necessary for War, it would long before this time have been a Terror to all Europe; and now would have had the opportunity, under the Government of such a Martial Prince as now reigns, to be made the Metropolis of the World; to have caused England's Monarch to be acknowledged Lord of all the Navigable Cities and Sea-port-Towns in the World; to have made an Universal Monarchy over the Seas, an Empire no less glorious, and of much more profit, than of the Land; and of larger extent, than either Cæsar's or Alexander's.

Miscellaneous

AN APOLOGY FOR THE BUILDER.

An apology for the builder: or a discourse shewing the cause and effects of the increase of building

MscB1692

THE general Reception the First Part of our Impostors Life has met, encourages us to pursue the Subject, hoping that this further Narrative of his Adventures will give the Reader no less Diversion. And that the Reader may be satisfy'd in the Integrity and Truth of our History, we desire him to consider that he dyed in the midway between fifty and sixty years, and having for a score of the last of 'em, play'd at no other Game than cheating the World in all the Shapes and Masques he cou'd invent, we are so over-furnisht with matter of Fact, that we have not the least need to load him with the least untruth; and therefore we make this real Profession, that excepting a little Garniture, (that common pardonable Liberty) the whole Feast we treat you with, has not one borrow'd Dish. Nay hundreds of his diminutive Frauds here in Town, as vulgar sharping Tricks, we purposely omit, as too trivial and unworthy our Cognizance, and too poor for your Entertainment. And whereas his most notorious Delusions were his Marrying of so many Wives, and the politick Artifices and Lures used by him to decoy those poor Creatures into the Gripe of his Talons, were the grandest of his Rogueries, we have been chiefly inquisitive into that particular walk of our Proteus, as the most intriguing part of his Life, and indeed his Master piece of Projection, and consequently the most divertive for your Reading. In our first part we gave you at large three or four famous Amours of his, and leaving off at his Inn-keepers Daughter of Bathe, (where we frankly told you that for want of farther Intelligence we over-leap'd some years) we think fit to continue the prosecution of our History from the end of that Adventure, and so fill up the vacancy occasion'd by our then want of Information, with which (from very good Authority and Credit) we have now better supplyed our selves. His continued good Luck at the Female Quarry succeeding so prosperously, he has hardly snapt and gorged one, before he's for flying at a second. Leaving therefore his last Wife (as before mentioned) the Inn-keepers Daughter to shift home, not only pennyless, but almost naked too, (as before at large) it being then in the gay time of Summer, he buys him a very stately Gelding, and prances down to Slough near Windsor. There taking a Genteel Lodging, and throwing off his old now Hackneyfied Disguise of the Countrey Gentleman, he assumes the Character of a London Merchant; and though the little distance of twenty Miles laid the Scene very nigh, and consequently (one would think) exposed him to something more hazard than any of his former remoter pretensions, however he is so flusht with success, and thereupon so hardy an Enterprizer that he reckons upon Fortune, now intirely his own, as no less than bound to his Cause, and her Smiles as secure, as himself her now darling Favourite is fearless and undaunted. His Tent therefore pitcht at Slough for the best part of this Sommers Campaign, with sufficient of Gold, and what not, in his Pockets, he Contracts (amongst other Countrey Acquaintance) a great intimacy with the Minister there. And at length praising the good Air of that Countrey, and the sweetness he tastes in the Conversation thereabouts, he desires the Parson (his now Intimate) to inform him of some Purchase of fifty, sixty, or rather than full, seventy pound per annum somewhere near there; if a good House upon it so much the better; otherwise it will put him to some few hundreds extraordinary Expence. If any such Purchase can be found, he shall be gratefully thankful to him: For resolving to get him some Countrey Seat for a little Summers Retirement from his Fatigue at London, he has not met that place in the World that pleases him better. The Parson, kindly replyed, That truely he did not yet know of any such Purchase, but he would make it his Business to inquire, and inform him accordingly. It falls out here that he insinuates into the Conversation of a Countrey Gentleman that had a very pretty Daughter, to whom he could give Five Hundred Pound Portion. Through his Acquaintance with the Father he finds Opportunity and Access to the Daughter, and in a little time professes downright Love. Now besides a great deal of Wit and Sense in the Daughter, here was a very Judicious and Sensible Man to her Father, and likewise a very Ingenious young Gentleman her Brother, all three to be coped with; insomuch that the highest of Prudence ought to be used to manage the Amuzement, and fence off all Curiosity and Enquiry, which (considering how near London lay) might dash the whole Plot. For that purpose he no sooner declares his Passion, but at the same time he utterly abjures all pretensions to a Farthing of Portion, (if he may be so happy as to succeed in his Love) that truely his Affairs and Circumstances are far above so poor a Thought. Whatever her Fathers Goodness did or might have intended for her, he is free to keep for the bettering the Fortune of so hopeful an Heir of the Family as the young Gentleman her Brother: It is enough that the possession of her dear Person is all his Ambition, and if after all his prosperous Ventures both at Sea and Land, to Crown his Felicity he can but carry this last dear Prize, he has all he wants in this World. Nor is Beauty the only Charm he finds in his dear Mistress, her Vertue is her most captivating Perfection. Alas, if he had sought either Face or Fortune, those were to have been found nearer home, and possibly, where he was better known, viz. in his walks upon the Exchange, and thereabouts, whatever personal wants he had, however his other Qualifications would have made him no hard Access to very considerable Fortunes. But as his Natural Jealousie of Town Beauties had all along made him somewhat colder in the choice of a London Wife, he declares that the vanquishing of his Heart was reserved only for some sweet Countrey Innocence, which truely he had never met with till now. This Declaration carries a very pleasing Face every way. Here, the Daughter for her part has the Heart of a Rich Merchant of such vast Estate, that her inconsiderable Portion is not worth his Acceptance, and consequently if she can like the Man, she has all the Reason in the World to Embrace the Addresses of so qualified a Suetor. Here are Father and Son likewise under no occasion of complaint, for one is like to save Five Hundred Pound by the Bargain, and the other to get as much. And therefore 'tis a Match they ought not to oppose. And to put all suspicions out of their Head, what Reasons have they to mis-doubt his being the Man he pretends, for he had then a pretty many years upon his Back, and therefore unlikely to commit so boyish a Folly to take the Luggage of a Wife with never a Groat with her, unless he had wherewithal of his own, to supply that Defect. Besides, here was all the Appearances possible both of Honour and Honesty in his Daughters Inamorato, for more and above the daily management of his Discourse, and his prompt Answers and Insight to all Affairs in the World, which discovered a Person certainly of publick Business, his Port and Figure he made amongst them, together with the Grandure of his way of Living, confirm'd their intire Belief and Confidence. And to conclude all, who cou'd suspect a Counterfeit that would Cheat for nothing. During his Courtship he presented his Mistress with a very Rich Gold Watch, and as he gain'd ground not only upon her, but went a great stroke with the Father and Son, who were mighty inclineable to the Match; at last he pusht home, and gain'd the Consent of all Parties concerned. The Father and Son were of Opinion that they should all go to London, and the Wedding and Bedding work should be all done there at his own House in the City. With all his Heart replyed the Spark, only one Inconvenience attended that Proposition. For it would be impossible for him to Marry in London without dragging a great deal of noise and trouble at his Heels. For unless he would disoblige more than a Hundred Eminent Citizens, his particular Friends (which in Honour he could not well do) he must be forced to make a publick Wedding of it, and so draw on a great deal of Ceremony and Hurry, which truely, (might he be chuser) did not agree with his Inclination. Nevertheless, if they so pleas'd, he was ready to acquiesce to their absolute Commands. But otherwise, for prevention of all that, if he might direct, he would desire to divide his Blessings between the Countrey and City, viz. have the happiness of Marrying her in the Morning at Slough, and then have the Honour of their good Companies with him to London, and there Bed her at his own House. This appear'd so highly reasonable, that three places are order'd to be taken in the Windsor Coach to Morrow for London, and the Marriage to be Solemnized Early before the Coach sets out. And accordingly our Lovers, who wake with the Lark, are the next Morning devoutly join'd together. When the Nuptial Rites were perform'd, and a small Collation prepared before setting out, he publickly again declared his Protestations against all pretences to a Portion. However as he had now taken the dearest Creature in the World into his Arms without any such Claim or Pretension, and the longest day of his Life he should maintain her to the highest Dignity and Grandure of a City Merchants Lady, as much as if she had brought him Thousands of her own to do it with, yet as perhaps there might be some Wedding Garments, and other small matters wanting suitable to His Bride, he durst not presume to make her any Present of that kind, lest possibly it might be some little Indignity and Reflection upon Her own Honour in accepting of any such offer; and therefore that part he left to her and her Relations pleasure and discretion. His putting them in Mind of that necessary point, appeared more like a piece of Gallantry than any thing else from him. And thereupon both the Father and Bride take a whisper privately together, and immediately the Closets and Cabinets were rumaged, and near a hundred Guineas muster'd up, and stowed in a small Casket to carry with her to London, to rig her in all ample manner accordingly. As they merrily Travel along, the Father, Bride and Brother in the Coach, and the Bridegroom en cavalier Riding by, taking a little start before 'em upon Hounslow Heath, he comes back furiously Galloping to the Coach side, and with much concern bids 'em have a care for he was certain there were Highway men before in the Road, and he much feared the Coach would be Robb'd. This put the Travellers into some small fright, and all of 'em (for the Coach was full) into a very great Care how to preserve the small Treasure they had about them. Nay Gentlemen, replies the Spark, for that small matter I have about me, I fear not all the Thieves in Christendom to take from me, for though I profess my self no Sword-man to Fight for it, yet I thank God, I have a Horse has such a pair of Heels as I defie any Man in England (especially upon this open Plain) to out-ride me. This Hint made the poor Bride immediately Request his securing some small things of hers, and thereupon she gave him her little Casket, and her Gold Watch to carry for her, withal desiring him to speed off the safest way he could, and tarry for the Coach at the Red Lion in Brentford; Her prudent Example encouraged some other Passengers in the Coach to desire him to do them the like Favour; one Lady in the Coach desired him to secure a Diamond and a Gold Ring of hers, which she took from her Finger; another Gentleman clapt a Purse of near twenty pieces of Gold into his Silver Tobacco-box, and besought him to give it Sanctuary in his Pocket to Brentford. In short, some other small matters were presently entrusted to his Protection and Preservation; and so being desired to troop off with all speed, and to meet 'em at the general Rendezvouz aforesaid, our Merchant puts Spurs to his Steed, and the Coach trundles leisurely after him. At Brentford they arrive safely in some little time after, and making a halt at the Red Lion, inquiry is made if a Gentleman so mounted, and so drest was there. No; answer was made, no such Man was there; but upon examining the Horse and the Rider they had described, that very Gentleman, about half an hour ago was seen to Ride almost full speed through the Town towards London. The Bridegroom so strangely out riding his Stage, put the whole Company into some little Consternation, but the Bride more especially, it being a matter of no mean surprize to her to have a Bridegroom so unkind, or so frolicksome at least, to Ramble away from her on her very Wedding Day in so odd a manner. A great many several Discants were made upon it by the whole Company; but as all of 'em happen'd to be some small Neighbours to Slough, and had either converst with this Honourable Merchant during his Abode there, or at least had heard of his Fame, it was concluded of all Hands 'twas only intended as a Jest, and so they all moved on towards London, not doubting in the least but to find it so. When they arrived at London, the young Lady as Guarrantee for her Bridegroom, though she could not well invite 'em with Convenience that Night, besought all their good Companies to Morrow at Dinner with her at her House in Limestreet, there to call their Trustee to an Account, and to laugh out an Afternoon with her upon their Travelling Adventures. Having thus dismist their Fellow Travellers; a Hackney Coach is taken to drive to Lime-street. When they came there, and such a Merchants House was asked for, a Name very like it was found in that Precinct, but both the Gentleman and House they inquired for, were utterly Strangers to all the Inhabitants round, and neither that Night nor next whole Day could give 'em any Tale or Tydings of her new Husband. However in all this utter Darkness, as she is left in Ignorance, she has the Comfort to be left in Innocence too, for thanks to her kind Stars there was no Consummation in the Case, as much a Wife as she is, she is a Virgin Bride at least, and as much cheated as they have all been, our young Spouse has the satisfaction of that single happy Escape to counter-ballance all the rest of her Losses. What Reparation our fair Promiser made to her Fellow Sufferers in the Coach our Story mentions not, but the Father, Son, and Bride returning by weeping Cross, they found this Farewel Epistic at their Arrival at Slough. My Sweet Bride, AY too sweet, God wot, to be so lost. Had we but consummated, my Chicken, had I but got the Virgin Toy, signed and sealed, my Sweeting, it had been a Prize worth all the other Treasure. But my hard Fate had otherwise decreed: And I must e'ne sit down by my losing Bargain. But my Dear, notwithstanding my abrupt parting, prethee do not conceive hard Thoughts, nor fancy me a Masquerader: for though my House is removed from Lime-street, upon my honest word I am a true Merchant, and have hook'd in my Venture. Pray Comfort your Condoling Fellow Travellers, and assure 'em their Moveables I took into my protection are all very safe, and that I shall take all possible care in performing my Trust in keeping 'em so. And now Child, if thy Defeat of a Bed-fellow should set thee a Gog for a new Husband, for thy Consolation let me tell thee that I am fairly drawn off to make room for a happier Successor; & at thy next Prayers for a Man in thy Tables to fill up the Blot I leave open; thank Heaven thou hast scap'd so well, for thou hast received the first Mercy I ever shewed thy Sex before; and so Dear Widdow'd Turtle, farewel. This Adventure so luckily concluded, our Wise-Merchant takes a little Recreation in London, and then tired with Ease and Idleness, he thinks it high time to look out for new Game. His Rambles have hitherto mostly lain Westward, and the Success he has gotten there, invites him to try his farther Fortune a Field the same Road. Down therefore his Galloper and he set out, and meeting nothing in the way worthy his Atchievement, he fixes at last at the Town of Wells. Here he is a Countrey Gentleman again his Name Bowyer, Brother to Sir Charles Bowyer. This Town happily afforded a Boarding School for young Girls, where the Fair Recluses generally are not altogether Nuns Flesh, and where notwithstanding the watchful Oversight of those Guardian Dragons the Governesses and Super-Intendants, Love too often leaps the Pale, and many a bold Jason very luckily moves off with a Golden Fleece. At this Castle 'tis resolved our next Batteries shall be levell'd; only all the hardest work here is the making his Approaches. For that purpose he inquires first, who and what the Fair Inhabitants are, and the like; where he is soon inform'd of several considerable Fortunes amongst 'em; but most of 'em either under Guardianship or Parents, and though allyed to pretty considerable Effects, the Lash is in Hucksters Hands. The carrying the Damsel, will not finger the Gold, and our Business being only to snap and away, a lighter Cargo than those unweildy Portions does our Job. And accordingly he discovers one just sizable for his Turn. A Tradesman's Daughter, her small Portion about 180l. and all in her own Hands, or at least in her own power, her Parents and Friends all Dead, and therefore at her own disposal, and likewise something of the Elderlyest for a School-miss, being indeed about 20 years of Age. 'Tis resolved then to fix here; And, for a handsome Initiation, his first Attacque is onely from his Eyes; he sees her first at Church, where his whole Devotion is so intent upon no other Object, that he gives her occasion to observe him. His Gentile Equipage, and, in a Stranger too, might very well draw some Eyes in a Countrey Congregation; and this young Devotees were not so wholly tyed to her Prayer-Book, but hers might rove a little: she no sooner saw him, but she met a very Passionate and Long wishing-Look returned her: if her Curiosity peep'd a second time, she found him in the same posture, his Eye never off of her. And this he continued Forenoon and Afternoon, in such a manner, that it was impossible, even for Indifference it self, not to Remark him. Next morning he makes some means to get the Company and Ear of one of the Sub-Governants of the School, a Matronly kind of a Tutouress. He cannot tell what Malleable Mettal she's made of, and how far she may be tempted to betray a little Trust. However he resolves to try. And if she be to be shaken, at least he'll use the most Perswasive Arguments to Assail her. Accordingly, having first beg'd the Favour of a full Hearing, he begins to lay open his Case in manner following. First, he discovers his Birth and Quality, a Brother of the Honourable Sir Charles Bowyer. Secondly, Though a younger Brother, yet provided with a Plentiful Patrimony to keep up the Port of a Gentleman. Then, that yesterday at Church, he had seen the onely Sweetness upon Earth that he cou'd truly Love: That it was some Extraordinary Destiny that had brought him thither, to lose his Heart to so Lovely a Creature: and then telling his Name (which his Love had made him inquire into) the present Suit he had, was, to obtain the Conversation of that Sweet Gentlewoman, that he might have the favourable opportunity of declaring his Passion to her; which Access, understanding the strictness of the Family in which she now lived, and under what Confinement she lay, he had no hopes of accomplishing, but through her Means: and, that if she would vouchsafe to be the kind Instrument in gaining him his Request, he should not onely be bound to her the longest day of his Life, but likewise make her a Gratification suitable to so signal an Obligation. The Gravity of our Tutoress seem'd a little Surprized at this Motion; But, before she cou'd make any Reply, he continued his Supplication to her; By telling her, That for Heavens sake she would believe his Intentions to the young Lady were nothing but Honourable, that had his Designs been so wicked, as to aim at, or overreach any young Fortune in the House, as such he understood there were several there, he should be the greatest of Villains. But, that Love, and onely Love, was his Design, was manifest in his Addresses to this young Gentlewoman, who (as he was inform'd) was but a Tradesman's Daughter, of little or no Fortune, or at least very inconsiderable to a Person of his Circumstances and Birth; and therefore she had all the Reason in the World to believe him a Person of Honour and Integrity; and 'twas as such he desired her to serve him in the Request he had made her. She hearing him protest so heartily, and profess so honourably, cou'd not but be a little attentive to so Reasonable a Suit. But being her self a Woman of Principle, and naturally faithful to her Trust, she could not forbear making him this Answer: Sir (says she) you have the least Reason in the World to seek my Assistance in this matter; for if you are that Lover, and that Gentleman you profess your self, your Quality and Pretensions to this young Woman are sufficient to make your own way to her, without wanting my help. What need has a Gentleman of your Fortune and Honour to seek to a poor Servant as I am, to introduce you so meanly, as a private Suitor to this young Maid, when you have it in your own Power to make a more Publick Declaration of your Love; and undoubtedly, so Qualifi'd as you are, have all Encouragement to hope for Success? If you please therefore, I'll tell the Governess, and when she shall have examined all things requisite to the discharge of that honest Duty as the Tuition and Care she has undertaken shall require of her; she will be so far from opposing your Access, that certainly you may expect all the fair Reception your own heart can wish. This Answer being not the present point we must gain, our Squire (before prepared for a Reply) seem'd extreamly pleased with her for her Fidelity. That truly she was highly to be commended for so Consciencious a Scruple, as to the admitting of a Stranger, as he was, to any thing under her Guardianship. And that truly the Advice she had given him was but very Reasonable; And that if he should make open Love to this young Gentlewoman, he might possibly have hopes of succeeding. And really it was the onely Course he would take, but for one onely Obstacle, which was, that though indeed, as a younger Brother, he had above 300l. per annum already in good Land of Inheritance, a Competence sufficient to maintain a Family indifferently well; yet as he was next Brother, and indeed as the presumptive Heir to Sir Charles, an unmarryed Man of Thousands a year, and was at present transacting with him about a considerable Addition to his Estate, and other very eminent Friendships expected from him, he was under an invincible necessity of making an Amour of this kind, one of the greatest Secrets in the World, lest his Marrying so inconsiderably might lose him his Brother's Favour, and thereby defeat so advantageous an Expectation. Not but he Loved the young Creature enough to run a thousand times greater hazards for obtaining so sweet a Blessing: but, however, What Folly and Prodigality would it be, to expose so main a part of his Well-being to so dangerous a Venture, when there was so little occasion for it? For he, could he reach so great a Blessing, as to obtain her for his Bride, yet it would be worth his while to make both his Woing and Marriage, for some time, an absolute Secret, for so valuable a Consideration. And he, that resolved to enter into Matrimony, was, in all Duty, bound to take the best measures to make a Married Life comfortable, by making the best provision to support it with Credit and Reputation. And therefore 'twas, that he was forced to supplicate her private Assistance in the Affair, which she could not well blame, under so important a Circumstance; and therefore stealing a brace of Guineas into her Hand, he once more intreated her to gain him some Admittance to the young Ladys conversation, as silently as possibly her Goodness could contrive. I cannot tell, whether the Arguments of the Gold, or both together prevail'd, but to shorten the Discourse 'twas agreed that Evening an Hour after Sun set that he should come to the Garden Back gate, which was accordingly done. And not to tire the Reader with the Narration of the Wooing, let it suffice that he obtain'd three or four private Meetings, and a little Courtship well managed prevail'd and conquer'd. By the Assistance of this Matronly Confident, the Business is concluded, and the Girl steals out one Morning and Marries him. He had not been long Married, but continuing the old plea of silence and secresy so necessary on his Brothers Account, he gets her to call in her small Portion, for her own use, making it his free Wedding Gift, all to be disposed in buying her Cloaths, and the like. And so makes all speed to London with her. At London he provides her a very Genteel Lodging, still leaving all her Portion in her own Custody. He had not kept her Company two days in Town, but he comes home in great haste and surprize, telling her that his Brother by some Accident or other had heard of his Marriage. But as 'twas impossible he should know what Woman he had Married, he had one favour to beg of her which she must not deny him, which was to pretend her self to be a young Devonshire Lady of such a Great Family, and such a Fortune: By this means he should win his Brothers Heart, and hasten that additional settlement, and the other favours he expected from him; and tho' indeed it was a little piece of Fraud, which truely he was never guilty of before in all his whole Life, yet considering the Advantage so innocent a Deceit might gain 'em, he conjured her by all their Loves to joyn with him in it, and carry on the Mask till he had gain'd his point. The poor Creature soon perswaded consents to his Request, promising her acting the best part she could in the Disguise, since it was his Pleasure and Command to have it so. Having obtain'd her concurrence in it, he tells her these Lodgings were too mean for a Woman of her Birth, and therefore he would presently take her a fine House at Greenwich four Miles out of Town, and have it furnisht suitable to his and her Quality. At Greenwich a House is instantly provided; and what by the pretensions of this great Match, he strikes in with a confiding Upholster for a Rich Bed, Tapestry Hangings, and very sumptuous Furniture in most ample manner. Nay, he carries it on so far as to gain Credit for several Hogsheads of Wine, which were likewise wafted down to Greenwich. The young Wife all this while seeing him make such splendid Provision for her, never in the least suspected him for less than high Quality, and indeed was utterly ignorant that all this Gallantry was taken up upon Trust, and mostly rais'd upon the noise of her vast Devonshire Portion that was very speedily to pay for all. After this Countrey House was thus Richly set out, pretending Business one Morning early to London, he returns again between Ten and Eleven in great haste, saying, that truely he had occasion for about an Hundred Pound, and having laid out more Cash than his Returns from his Estate in the Countrey could at present supply him, he desired her to accommodate him with that Sum out of her Money, which in a Fortnight at farthest should be made her up again. The poor Girl very readily gave him the Keys of her Closet and her Cabinet, desiring him to take what he wanted. Immediately he goes to the Treasury, and not having leisure to stay to tell out the Sum, he took the whole Bag, which in Silver and Gold was about 140l. which he would tell over at London, and bring back the Remainder, whither he desired her Company along with him in the Boat that staid to carry him back. Yes, with all her heart, if he would please to stay till she drest her self, being then only in her Morning gown. No, by no means, he replied, no matter for dressing her self, she was well enough drest for that little Company she should see to day. And so without farther Ceremony she trips into the Boat with him, and so away to London. When he came there, and had fix'd her at her Old Lodgings, he desired her to have a little patience till his return from Lombard-street, where he was going to pay this Money: but before he went, giving her a kind Kiss or two. Lord, my Dear (says he) this plain Wedding-Ring upon thy Finger is too poor for My Wife! I am going to pay this Money to a Goldsmith, and prithee give me thy Ring along with me, and I'll put a Diamond into it. The Ring upon so good an Account was presently deliver'd him, and a very low Courtzy dropt him for the promis'd Diamond. Away goes Husband, Money, and Ring, and the Wife staying with her old Landlady, waits for the return of her kind Spouse; After a great deal of patience pretty well tired, and many a sigh to pass away time, Evening at last draws on, and no Husband appears. To Greenwich she dares not return, 'tis now too late at night, and too dangerous travelling so unseasonably. And so taking a soft Bed, but a hard Night's rest in Town, she gets up early the next morning for Greenwich, where instead of Husband or House, she finds the Furniture, Bedding, nay the very Wine in the Cellar all carried off, and so neither Husband, Money, nor Cloaths, but the loose Undress she had upon her back; she is left to a whole Deluge of Lamentation, and the King's High-way fair open for her to steer back to Wells, or what other Hospitable Coast she could find in the wide World before her. This Marriage-Trade thriving so well with him, he left it not off till he arrived at the number of 18 Wives; in which several various Cheats and Disguises were practised according to Time, Place and Circumstance. At Kedderminster he past for Sir Charles Bowyer's Brother again, and there married an Innkeeper's Daughter, from whom he hooked out several Pounds, besides spunging upon her Father: where he continued a very considerable time; and wrought himself into that intire Credit with his Father-in-law, that when some of his Neighbours made bold to ask him, How he could repose so much Confidence in a meer Stranger; and after his Daughter had been so long married to him, to make no Inquiry into him all this while? Inquiry! (he replied very briskly) trouble not your heads about that Business. I am very well satisfied in him, and know well enough what he is. His Wit and Breeding, and a hundred other genteel Qualities, sufficiently assure me: Nay a Gentleman he must be most certainly, for I have observed him, he will never dine without a Bottle of Wine. In Holbourn he courted a Rich Vintner's Widow (but there he was a little higher advanced into the Honourable Family of the Bowyers, for then he was Sir Charles himself) and so far tickled her out of her small Reason, by the high sound of a Ladiship, that the Wedding-cloaths were making. Nay he took her along with him to a Goldsmiths in Cheapside, to bespeak a very large quantity of Plate, amounting to about 200l. No sooner did he enter the Goldsmith's Shop, but he kindly shook him by the hand, and gave him so many familiar How-de-yees, as if he had been his long and intimate Acquaintance; where bespeaking so much Plate, and such a Coat of Arms to be engraved upon it, the day was set when it was to be call'd for. Before that day he was to receive 600l. from his Steward in the Countrey, which he had sent for up to pay for this Plate, and other necessary Nuptial Habilements. But the Day drawing on, a Letter comes up by the Post from his Steward, intimating, That amongst all his Tenants he could at present raise but 150 of the 600l. he desired, and truly that small Pittance he did not think fit to return up, till he could make it a larger Sum, &c. This Letter was received in his Mistresses presence, and the Knight so enraged at his Steward's neglect, that he fell into a very great passion to be so defeated of his Expectation, especially at so critical a Juncture. The kind Widow seeing him so concerned, desired him not to be troubled at it, for if his present Occasions required, she was very willing to furnish him with it; and in fine, lent him 200 Guinea's to fetch home the Plate. But neither was the Plate sent home, nor Knight or Guinea's ever seen afterwards. The Widow somewhat impatient, trips away to the Goldsmith to inquire if he had been there, and being answer'd in the negative, she ask'd him if he were not acquainted with Sir Charles? What Sir Charles? Sir Charles Bowyer that bespoke the Plate. Truly not he; for to his best knowledge, he never saw him before that day. How, replies the Widow, never saw him before, when he knew you so well, talk'd so familiarly with you, discours'd of so many Affairs relating to your self, that I durst have sworn he had known you this seven years, and dealt in at least a thousand pounds with you. Yes, replied the Goldsmith, all this familiarity he exprest, which as much surprized me as it does you: But it was none of my business to inquire of a Customer how he came so acquainted with my Concerns; or why he treated me so courteously at first sight; He laid me down Earnest in part for my Plate, and if 'tis your pleasure to pay me the remainder, the Plate is forth coming. But when, or where the Gentleman can be found forth coming, that you know better than I: for as I told you, he is a Person I never saw before, nor after. To prosecute the full Relation of all his Wooings and Marriages, would be dwelling too long upon one kind of Subject, and therefore not so divertising to the Reader; for which Reason we have selected only these, and the others recited in the First Part of our History, as most entertaining of all his Amours. After he had accomplish'd near a Score of Marriages, he neatly counterfeited a Bill for 700l. drawn upon an Eminent Citizen; and so well managed all Conduct and Matters relating to it, that he received the Money. But what with his Wives, and this last grand Cheat, he began to think little England would soon be too hot for him. And therefore buying three very gallant Horses, and Equipage and Accoutrements suitable, he got him cross the Herringpond, and went a Volunteer to the Duke of Monmouth, then before Mastricht: His business here was more Flourish and Bravado, than any great Feats of War, any Martial Wonders he intended to perform. In Flanders he made a pretty long Campaign, for he stirred not from thence till all his Money was spent; and at length, when his dwindling stock was so small, that his very Horses heads grew a little too big, for a new supply he converted 'em into ready Money; and when that last stake was almost run out, and he had just enough left to Land him safe upon English Ground again, he returned for London; and there setting in again at his old play of Wiving, he Wooes a Parsons Daughter of 500l. Portion, and by virtue of the great Name of Sir Charles Bowyer, and other winning Arts he used, he Married her, and gain'd so far upon her Father, that he got One Hundred pound in part of the Five, into his clutches. But not satisfied with that modicum, but resolving to gripe the whole remainder too, he takes a House for her at Hampstead, where he lived some time very kindly with her, still plying her Father with all the softest and tenderest management, to hook in the 400l. But here, as Fortune will not always smile, a turn of Fate falls somewhat hard upon him; his Ludlow, and some other of his old Wives, had unhappily got him in the Wind, and with a full Cry run him down, and Housed him in Newgate. Here it was (as before mentioned in our first Part) that six of his Wives appeared against him, and at his Tryal he pleaded Guilty to those Six and Twelve more. For which being Convicted, and the Law not reaching to his Life, the Judges were pleased so far to commiserate the unhappy poor women he had undone, but especially the Parson's Daughter, that they gave her leave to lay an Action upon him of 5000l. by virtue of which, being still detained a Prisoner, he removed himself to the Kings-Bench; Here being kept within the Goal, he behaved himself so winningly, that he gain'd some favour with the then Marshal, and had now and then the liberty to peep abroad. Improving and advancing in the farther good graces of the Marshal, he obtained at last that extraordinary credit from him, that himself and Three or Four more Prisoners were one day permitted to take a little Ramble to a merry-making, some little way out of Town; which lucky slip of their Necks from the Collar, they took that wise care to make so good use of, that neither our Sir Charles, nor his fellow Travellers, the Master or Mates, ever returned again. This escape made such a clamour, that 100l. reward was set upon his head, if to be caught in England. But this pursuit soon cooled; for upon the change of Marshal, which soon followed, the Cause dropt, and he had full freedom to creep from his Covert, and turn Practitioner Practioner at his old Craft again; his deliverance being in a manner compleat, and his 5000l. and the rest of his load discharged. After his Heels were at liberty, his Pocket run but low; and he was forced to truckle to little shifts to put him in stock again. His Pranks are scarce to be numbred, nor dare we pretend to trace 'em successively; and therefore we shall not tie our selves up to Time and Order. For one of his common Feats, he got him a large Seal-Ring, and several other Gold Rings, all variety, as Plain, Mourning, and Enamel'd, value together about 4l. with these, by confederacy, he would sham an Arrest upon himself by a couple of Marshal's Men, and being hurried into some Alehouse, he would call for the Landlord, pretend himself a Tradesman, and House-keeper as far as Wapping, Stepney, or some such remote place; then opening his Grievance, that he was Arrested for 40 or 50s. and being too far from home to send for Money, he desired the Landlord to carry his Rings to the next Goldsmith, and see what he valued them at: The Landlord returns with the Rings, and tells him, the Goldsmith would give something above 3l. for them; upon this, he desires the Landlord to pleasure him with 50s. upon that pledge, and he would come himself or send (by such a Token) the Money the next day, and redeem them. The Landlord ready to aid a man in his distress, in so reasonable a request, Lends the Money, whilst instead of the Gold Rings, he puts the Legerdemain, and leaves him a set of Brass ones well Gilt, shaped, Enamel'd, &c. to a tittle, in every point resembling the true Rings; and worth about Half-aCrown. One day about high noon he came to the PoultreyCompter Gate, wanting a Serjeant to execute an Attachment for him: so giving him his Instructions and Fee, he desires him and his Yeoman to follow him to such an Ale-house in Leaden-Hall-Street, where he would wait for 'em. To the Ale-house he goes, and takes a Lower Room which look'd into the Street, where calling for a Tankard of Ale, and soon after spying the Bum and Follower approaching, he whips out of his Codpiece a Pewter Tankard, slaps the Drink into it, and returns the Silver one into his Breeches. As soon as they enter'd, and ask'd him for the Gentleman, he told them he would cross the way, and see if he had dined yet, and come over, and call 'em immediately to do their Office. Out he trips, and there being a Thorough-fair over the way, neatly conveighs himself off; till at last, the Serjeant waiting beyond his patience, calls for the Landlord, and desires him to fill the Tankard again. Fill the Tankard (quoth the Host) what Tankard! This is none of mine. My Tankard's a Silver one. How, a Silver Tankard (replies our Mancatcher.) This was all the Tankard in the Room since he came there. That wont serve turn: Their Comerogue and Confederate that had left 'em, had a Tankard of him, price 6l. 10s. and Tankard, or so much Money must be found before they parted. A great many hard words rose on both sides; but in fine, the Attacher himself was now under Attachment, and moved not off, till a Reckoning of 6l. an Angel, and some odd Pence, was discharged. At Woolwich he pretended to be a Doctor of Physick, and profess'd an infallible Remedy he had for the Gout. A Gentleman, an Inhabitant there, long afflicted with that Distemper, retained him as his Physician: But his grand Receipt requiring a Fortnights Preparation, he squeezes some Mony out of him for Materials to the Operation, and puts several Earthen Pots, with the pretended Ingredients, for Fourteen Days under Ground, against which time the expected Effects were to be produced. But it so unhappily fell out, that before the Elixir came to perfection, he was arrested by the Name of Bowyer, and thrown into the Marshalsea. The Fourteen Days expired, and the Doctor in durance, the Patient made bold to dig for the Treasure, and examine the Pots; where, to his great Satisfaction, in each Pot he found about half a dozen straggling Maggots, which indeed was their whole Contents: But what Cures they wrought, our History mentions not. Between five and six Years since, he tries one Touch more at Marrying, but truly not so high a Flier as formerly, he contents himself to lay Siege to Nan, the Cook-Maid at the Castle-Tavern at Fetter-Lane End; and to attack her in no less formidable a Figure than the old Sir Charles still. So Worshipful a Matrimonial Suitor (you may imagine) tickled her not a little, for the Title of a Ladyship could not but make a strange rumbling in a Kitchin-stuff-pot. The poor Girl was soon inclinable to listen to such potent Love. Our Sir Charles makes quick work on't; and though her kind Master and Mistress daily laugh'd at her for fancying him in earnest with her, Our Lover was so well furnish'd with Rhetorick to set her to Rights again, and so absolutely persuaded her that he meant nothing more than to marry her, that at last she contrived to feign her self sick, whilst her Knight, under pretence of a Condoling Visit, was to steal her down Stairs, and march off with her. This Plot taking effect, he kept her out ten or twelve Days; in which time he wheadled her out of all the Mony she could raise in the World, being about the Summ of Twelve Pounds: But when he had drained all he could get from her, at last he began to grow so cold to her, that he denied her one Morning a Pennyworth of Milk; which being no longer able to bear, she returned to her Master with a very sad Heart, much wailing the Barbarity she had received, and the Ruin she suffered. At the Return of poor Nancy, the Knight was flown; and though unsuspected before, now her Master and Mistress with good Reason believed him a Cheat; and being concerned for vindicating the Injuries of their Servant, they dogg'd him at last into White-Friars; and fetching him out thence by a Constable and Warrant, he was committed to Jayl, tried for an Impostor, and stood in the Pillory before their Door. One very notorious Cheat, was much in use with him, within a 12 Month last past. For instance, he comes one Morning to an eminent Tavern in Holborn near Hatton Garden end, his Habit a plain Country-man, with a Oyl-skin Hat, a shabby Perriwig, a large buff Belt round his Waste, a pair of Boots without Tops, a Whip in his hand, and a hundred Pound bag under his Arm: Here he bargains for a Hogs head of Sack to be sent into the Country; whilst the Carman is loading his Wine, he pretends very urgent Business he had to do, before the Carrier goes out of Town; insomuch that he cannot well stay, and pay for his Wine; for which reason, he desires the Master to lay up his bag of Mony for him, till he can call in the Afternoon, and reckon with him; but first taking out (for a blind) a handful of Mony, between thirty or forty Shillings for present occasion, he seals up the Bag again, and leaves the rest in the Vintner's hands. And now resolved to play the good husband, and do two Jobs with one trouble, whilst the Car is loading, he goes to a Linnen-Drapers in Newgate-street, where he buys a parcel of Linnen near 30l. and as the Carman comes by, he packs up the Linnen, and mounts it into the Car. Here pretending his old haste, with another hundred pound Load under his Arm, he plays the former Prank, and gives the Draper the Bag too. Now no Countryman coming to reckon (as promis'd) they both make bold the next day to unseal their Treasure, and see what Security they had in their custody; when to their great surprize, they found a parcel of new Half pence stowed round the Bag, with a lesser Bag in the belly on't, fill'd with fragments of old Iron. This Prank was hitherto pretty well carried, but Fortune of late Years a meer Jade to him, had a very unhappy After-game to play him: For the Vintner and Draper happening to meet together, to condole Losses and confer Notes, they chanced to remember, that one of the Carman's Steeds, was a remarkable pie-ball'd Horse. Hereupon making inquiry amongst the Fraternity of Carmen, by the Marks and Tokens of that Horse, they found out the very Man that drove off the Chattels; who what by Threats and other perswading Arguments, they prevail'd to lead 'em at last to a House in the Mint, where the Wine and the Drapery were both lodged. Here they made a shift to recover the whole Prize, excepting about five Pounds worth already embezell'd, being pretty well content to sit down by no greater loss. In much the like manner, and much such a Habit, he came to a Cutlers in Fleet-street, and leaving such another Bag there, under pretence of showing some Swords to his Master at a Coffee-house hard by, he carried off three silver Swords. For the same Feat of activity, he came to a Coffeehouse adjacent to Pater Noster-Row, where the Master of the House was a Tayler, whose Company and Advice he intreated, desiring him to go along with him to some of the Mercers in the Row, to look upon some rich Silks which he wanted, for a country Gentleman's (his Master) and a young Ladies Wedding cloaths; the Tayler in kindness, handed him once or twice to several Shops: But one Morning, leaving his Bag behind him at the Coffeehouse, he went alone to a Mercers, a corner Shop in the Row; where he cheapning some rich Stuffs, flowr'd with Silver and Gold, a Haberdasher of small Wares passing by, and happening to set Eye upon our Chapman, made bold to lay hands upon him, and carry him off to the Cock in Amen corner; his Charge against him was, for leaving him the Bag too for about thirty Pounds in small Wares. But noise and crowd coming about him, fearing that other Complaints might appear against him, and so load him heavier than possibly he might be able to stand under, our Haberdasher wisely resolving to take care of no body but himself, danced him from house to house, till his country Chapman could raise Effects to make him satisfaction; and so having with much ado, hooked in his own Bet, he turn'd him loose agen, for the other open mouths against him, to take as fair a hunt for him, as he had done. After this mortifying Adventure, whether out of a principle of Modesty, a Virtue not often in fashion with him, or some other forgetfulness, the Bag left in the Coffee-house was never call'd for from that day to this; and keeping of it about three months sealed, at last they ventured to break it open, in which they found about six Shillings in new Half-pence, and a lesser Bag fill'd with pieces of old Iron, a great deal of which, as memorials of his Renown, they have kept by 'em for Relicks. About the Year 1672. he pretended to a great Estate in Northamptonshire, and carried it on so far, as to borrow four hundred Pounds upon the Mortgage of it, of a Hampshire Gentleman. At Hannington likewise in Hampshire he married a Ministers daughter, and enter'd into Bond and Judgment of a Thousand Pound to Jointure her in fifty Pound a year; by which he got Two hundred and fifty Pound, out of her Father, as part of her Portion. In Piccadilly about three Years since, he went to a Horse-Coursers to buy a Horse, and after he had bargain'd for, and bought him, he desired to back him to try his Goings, and rode off with him, before the HorseCourser's face, and sold him in the Country for four Pounds. To conclude with his Frauds and Impostures, (besides the grandest and boldest of 'em all, That he left the World in,) he was charged with one Cheat after his very Death. Amongst the numerous Visitants that came to see him that Week that he lay above Ground, it happen'd that a Man and his Wife, living at White-Chapel, pressing in amongst the Crowd of Gazers, immediately remembred his Face; and seeing the Clothes there which he wore before he died, he presently owned himself the Taylor that made 'em; and that they were not only unpay'd for still, but likewise he was cozen'd out of 'em by one of the lewdest Shams that ever was put upon Man. Upon which, he repeated the whole Story at length, viz. That about Bartholomewtide last the now Deceased came over Night, and took a pretty handsome Lodging at White-Chapel, pretending himself newly come up by the Stage-Coach, out of the Country, his Name Bowyer; and desiring his Landlord to help him to a Taylor, 'twas his ill Luck to be the Man that was sent for. When he came to him, he found him in a thread-bare black Coat, and very much in want of Repair. He had not talk'd with him long, before he was desired to take measure of him; and whilst that was doing, up came a Foot-man in a gentile Livery, and paying him much Respect and Reverence, told him that Sir John, his Master, desired his Company at Dinner. At Dinner! (answers our threadbare Spark,) No, 'Faith; he must excuse me: I am not in a pickle (Pox of my Dog-Rogue) to stir out of Doors. No, Sirrah; these Rags upon my Arse are no Dress for Dining at White-Hall. And so, pray, go tell your Master, that I am forced to keep my Chamber at present, for I have been robb'd since I saw him last Night. The Foot boy presently ask'd him, By whom? By a young Son of a Whore, a Footman of mine, the Devil go with him. And so desiring the Boy to carry the whole Relation to his Master, he tells him very formally, "That sending his Boy last Night to the Carrier's for his Trunk, in which were two Suits of Clothes, all his Linen and Point, and fifty Pieces of Gold, the Rogue was run away with it: And though this old Suit upon his Back serv'd him well enough to come to Town in, Sir John must pardon him if he durst not stir out till he was a little better rigg'd. The Footman making a long Scrape, and departing with his Message, our Country-Squire gave a hundred hard Names to this Run-away Man of his, threatning a great deal of Vengeance if ever he caught him; for Hanging was too good for him. Whilst this Alarm held, there came another Visitant to our Esquire, and told him, He hoped he had drawn it up to his Liking. So the Man producing a Paper, the Esquire took it, and read it; which was a long Advertisement to be put into the Gazette, describing the Marks of his Man, and five Pounds Reward to him that should apprehend him. So having read it out, and approved of the wording of it, he put his Hand in his Pocket, and gave the Fellow ten Shillings to pay for Entring of it, giving him a strict Charge to be sure of getting it into the next Gazette. After this, he began to treat about his Clothes, which he desired might be neither rich, nor gaudy; for he was past those Vanities. The Taylor accordingly, by next Day at Noon, brings him his Clothes, his Bill between five and six Pounds, which, truly, he must be forced to stay for till next Week; for the Villain and Thief his Man, had put him out of mony; but he had sent down last night by the Post for new Supplies, and by the middle of next Week, should be furnisht, and pay him very thankfully. The poor Taylor, not in the least doubting his money, was very well satisfied, for he was sufficiently convinced, that he was a Gentleman of Fashion, and hoped to find a good Customer of him. But no sooner were the Accoutrements upon his Back, and he had now liberty (no disgrace to his Gentility) to walk by Day-light; his first Progress is down to Sir John's at Whitehall, who was belike, so fond of his Company, that he would never let him find the way home again; for from that Hour, neither his White-chapel Landlord nor Taylor, cou'd ever set Eye of him. And now to give him a little farther Visit at the Baker's (the Hospitable Roof under which he finish'd his last Master-piece) and lend the Reader some few farther Observations than those our First Part has furnish'd; more and above his own Personal performance in that grand Masquerade of the pretended Captain Wickham, Several Accidents both before and after his Death contributed much to corroborate and support the Impostor. To instance one remarkable one; his kind Landlord sending for the worthy Dr. F to take care of him in his Sickness, he ask'd the Doctor if he did not know him, or had never seen him before; which the Doctor (as with good reason) not well recollecting, our Patient was pleas'd to remember him, that he had the honour to Dine with him such a day, in such a year, when the Doctor was Mayor of Gloucester. Now it happening that that very day the true Captain Wickham had really Dined with him at Gloucester: the Doctor who was not much acquainted with the true Captain, and thereby not ready to Distinguish Faces, yet very well remembring such a worthy Gentleman one of his Honourable Guests that day in his Majoralty, was very ready (upon so convincing a Circumstance) to swallow the juggle, and to acknowledge him the Person he presented, which very much influenced the Credulity of the Family. The Monday, the next day after his death, a Noble P---r attended by several Persons of Honour, came to see the Body, and was so satisfied in his being his Country Neighbour, the true Captain Wickham, that he question'd the Family why the Coroner did not sit upon him; upon which being answered, that such a Physician took care of him, and that besides, the honesty of the House in which he dyed, gave no occasion for any such reflecting enquiry into his death; his Lordship was pleased to reply, that if he was not Murthered, he must certainly die Mad, it being impossible that in his right sences he should give such extravagant Legacies to meer Strangers; nor would his Lordship be satisfied, 'till he consulted both his Bodily and Ghostly Physician, his Minister, and the Doctor, about his outward and inward Man, &c. Another very confirming Credential happen'd. viz. A grave Citizen of London, a near Neighbour to our Capital Cathedral, who likewise inspected the Corps, was pleased to say, he had Fifty Guineas in his Fob, and wou'd make them an Hundred, with any Man, that it was Captain Wickam. Nay, Mr. T the Proctor was so confident of his Integrity, that he deposited five Guineas with the Baker's Wife, to a Wager of five more, to buy him a Pair of Gold Fringe Gloves, that he was the true Captain Wickham; and not only so, but made two Wagers more with her, of two Guineas each, upon the same Fund. Which Wagers she was so unwilling to lay with him, as being her self so confident of his Truth, that she gave 'em for lost: Nor had been drawn into 'em, but by this Argument of the Nurses, who told her, that if he was the true Wickham, nine Guineas Loss would be nothing out of their great Legacies; and if he was otherwise, the winning of so many Guineas would make some Help towards the Charges they had been out upon him. Besides all this, a great many Oxfordshire Gentlemen that frequented Knt's Coffee-house in Essex Buildings, were so concern'd at his Executors happiness; that rather than the Baker should run away with so much of his Estate, declared they were resolved to make a Parliament business of it. So many affirmatives, so strengthen'd the believing Baker, that he offer'd to give his Maid fifty Pounds for her Hundred; To which, she pertly answer'd, No, she was not in so much haste, to compound at that Rate, she was as well able to tarry for her Mony, as he was for his. And talking of the poor Maid, one thing must not be forgotten; the day before he died, he told her, he had left her a hundred Pounds to buy her a Husband, but have a care she did not Marry a Rogue that should beat her, for if she did, he had that kindness for her, he was sure, it would disturb him in his Grave, and make him Walk when he was dead. But to return to his Death, when the Searchers came to do their necessary Office; upon inspection, they found some little extraordinary Mortification upon some nameless Part about him, that put 'em upon the Smile. Their Respect to the Worshipful deceased, made 'em somewhat modest in the Discovery; which occasion'd the Nurse to inquire into the cause of their Fleering, and ask 'em plainly, If the Captain were under the Covenant of Circumcision? Yes, truly, they replied, some such kind of Corporal Defect they had found about him. This put the Church-warden into some Surprize, who, inclinable to fancy better things of his pious Benefactor defunct, would by no means, believe either Searchers or Nurse, 'till he play'd the Searcher too, and made a Peep for his satisfaction. But, alas, he no sooner cast his Eye that way, but he found our Batchelor Captain, was in no danger of leading Apes. He discover'd him an old Soldier under Cupid's Banner; for by a sad Token, he had been a loser in the Wars: But Eighteen Eighten Wives might do much, and so the Wonder is not so extraordinary. And now, Reader, having thus handed our great Master Actor to his last Exit off the Stage, we shall only add a Fragment more to our History, by giving you his first Entrance upon it too. His Original was very obscure, and his first start into the World, was, in no higher a Post than a Journey-man Shoemaker, in which Character he liv'd some considerable time at Worcester, understanding so little of what he profest at Banbury, viz. Chirurgery, that he knew the Virtue of no other Plaister than his own Cobler's Wax. From that Imployment, he took a Frolick to Sea; from whence returned, he came to Swackly, with the true Privilege of a Traveller, his Authority unquestionable, he talk'd Miracles both of his Voyages and Adventures. For Example, That he had made a Voyage to Constantinople and Barbadoes, (for East and West were all one in his Geography;) and so amused the Country-People with his Rhodomontades, that they look'd upon him as a Prodigy of a Man. His great Art he profess'd was Chirurgery, (the little he had of it being indeed gotten on Ship-board;) and what with promis'd Wonders, and great Words, the common Crutch of little Abilities, together with some Favours and Countenance received from Captain Wickham, (a common Charity from so worthy a Gentleman,) which very much heightned his Reception, he set up for a Chirurgeon: In which Station we began with him in our First Part, and there we leave him And here we assure our Reader, that all these several Relations we have here made, are from as good and credible Authority as the best Information could give us. Nay, we have had a very great part of 'em from the Persons own Mouths that were the suffering Parties in our Narrative. And that we have wholly endeavoured to follow Truth, the Reader may be pretty sensible, by our staying near a Fortnight for the Publication of it; the Enquiries into matter of Fact being six times more work and trouble, than the Composing of our History either was, or could be.

Miscellaneous

THE Second Part OF THE Notorious Impostor, &c.

The second part of the notorious impostor, compleating the history of the life, cheats, &c. of William Morrell, alias Bowyer, sometime of Banbury, Chirurgeon [...]

MscB1700

HOW Fruitless and Empty the Requests of the Poor have return'd at Court, whether they have been for Justice or Mercy, is apparent from a Thousand Instances: And one I'll relate to you, without Peevish design of Reflecting upon any particular Court, for the Pauper's Petition is alike neglected (by what I've Seen, Hear'd, or Read) in every Court. A Gentleman (fitly Qualifi'd) who by permission had Purchased an Imploy for Life, under a King, and to his Successors, was, upon a Successor's coming to the Crown (tho' he had taken Oaths of Allegiance, and done what was requisite, according to Law, for Qualification) to feed the Avarice, or gratify the wicked Bounty of a certain Person, to whose care the Managery was intrusted, was turn'd out, with only the Madmans humourous Reason, Sic Jubeo, sic Volo. By which unjust (at least unkind) usage, he had very little left to maintain himself, Wife, and four Children. I cannot forbear in this place putting the Epithet Wicked, to that Generous Virtue, Bounty; since here 'twas a powerful Robbery committed upon one Mans Right, to seem Bounteous in a Bequest to another. The depriv'd Man hurt, complain'd with all the respect a Supplicant should use, but his Prayer was answer'd with a Negative. Afterwards he serv'd that King without Pay in His Army abroad; and upon the death of the Possessor of his Imploy, he again pray'd to be Restor'd; upon which prayer he had an Order for the next Vacancy; which when happen'd, a certain Gentleman, who but a short time before had presented the Depriv'd Man to the King, in the Army, and had given it under his Hand, That he had been turn'd out without cause, and that he serv'd as a Volunteer; gave it again under his Hand, That the poor Petitioners alledging to have serv'd in the Army, was a mistake; and his last Act (the former, in good manners, I'll believe being forgot) was credited; so Order and Petition were both dismiss'd, to the Ruine of the Man, and his Family. By this true Relation is evident, the little success that is to be expected from the poor unhappy Man's Petitioning against a Man in Power; for when he pleases, he Blackens and Misrepresents an Underling; and what a Favourite says, is easily believ'd. In such a Case, a Prince is the easiest Man in the World to be Impos'd on, considering the vast multitude of Affairs that Center in His ordering and Manage, the particular Cognizance of all which, 'tis impossible for Him to take; for upon a kind of Necessity He is oblig'd to have His knowledg of several Affairs from the report that those about Him are pleas'd to make; and what Man will tell a Story to his own disadvantage? And who can tell it but the Favorite, whilst the poor Petitioner is debarr'd Access? QUis Pauper? Avarus: An admirable and proper Answer to the Question; because the Covetous Man wanteth that which he hath, as well as that which he hath not, as proves true by the following relation. A Friend of mine (if a Covetous Man can be so) of Gentile Extraction, and sutable Education, having a competent Estate of four hundred Pounds per Annum, and a thousand Pounds in Money left him, which Revenue as far exceeded his desire of Living, as it came short of his desire of Acquiring; for he no sooner had the Possession, but he retrench'd the usual Expences of the Family; he sav'd Charge, by putting away the Mouths that caus'd it; and the only Servant that he kept, liv'd almost like a Bear in Greenland, on the Nourishment he had got in the Summer of the Fathers Life time. In short, no Anchorite liv'd more sparing than he, unless it were upon anothers cost, and then 'twas a covetous humour made him Eat and Drink like a Glutton and a Drunkard. In all his Actions he was Base; He would Steal his own Goods, to make his Servant pay for them: By such sorbid ways his Wealth was accumulated; he sold the Mansion-house, because the Purchase-Money would yield a greater profit than the Rent amounted to; and retir'd from a great House (not from Plenty and Abundance) to a less, that he could not Rent out: By such Niggardly Methods, in process of time, he had heap'd up a very great Treasure. There was a Young hopeful Gentleman, his Nephew, who expected to reap the fruits of his Covetousness, that often came to visit him; and was always Complaisant, sooth'd, and commended every Humour, which I take to be the right way of Pleasing; for certain (at least during the time of prevailing Fancy, or Action) every Man is pleas'd with his own Sentiments, or Doings; so consequently loves to have them approv'd, and applauded. He gratifi'd the Misers Appetite at his own Expence, his Pantrey and his Cellar were always ready to gratify his least motion of desire, his Coach and Horses attended his occasions; he baulk'd his own Humour, neglected his pleasant and facetious Companions, and confin'd himself to Oblige his Sordid Temper. Tho' it must be confess'd Self-interest mov'd him, yet it pleas'd the Wretch, when he advised him to secure his Treasure, that no Rachel, or other, might Steal his God. He Christned his Son of the Jew's Name, he did, what not? to Oblige him. He defended him from Robbers at the peril of his own Life: Nay more, He justify'd his base Principles, contrary to his Conscience: But all the Returns that were paid to these Services, were Mountain-Promises, whilst in his Cups; but Molehills, or no Performances, when Sober. Afterwards this Obliging Gentleman fell by misfortune into Straits and Necessities, so that his Family wanted convenient Subsistance; yet the other pitiless, and unconcern'd, return'd no good Nature, no Charity, no grateful Act, for all his generous Obligations; not so much as even common Humanity would out of Mercy oblige a very Jew to show to a Stranger in Misery. After the Miser had Bought what he had left, for half the value, he forbid him his House, and whenever he met him, he pass'd by him as a Stranger. At last, Intestate, the miserable Rascal Dies; for the very Thought of disposing of his Riches, would have been as Mortal as a Cannon Shot: So Volens Nolens, what he left, fell to this Gentleman. But I had almost forgot to tell you, That his Jealous Temper (which must accompany the Covetous, let their Avarice be fix'd on what it will) made him Bury a great part of his Money and Writings, so that a great deal was lost for want of the knowledge of the Concealments. A Covetous Desire is properly applicable to self, for even when I seem to desire the Advantage of another, there is something of self in the matter; and it must be allow'd that he I wish well, is my Friend; tho' anothers being my Enemy, only makes him so; so by my desire, I gratifie my own Inclination in my Friends Advantage, or please my Anger, in my Enemies Disadvantage; a Covetous Mans Thoughts center in his own profit, and what good goes besides him, he counts by Providence wrong apply'd; then 'tis Idle to expect, that he that Covets all, should frustrate his vast design, by giving me a part; as Covetousness is a Selfish humour, 'tis impossible it should be diffusive. THe mutual Disapointments that commonly thwart, and hinder the Happiness expected by the Marriage of an Old Man to a Young Woman, the following Story sets forth: An Ancient Gentleman, whose head Age had Powder'd like a Beau's, who in his Sprightly Youth could at Sight answer the Expectations of the most Lascivious Female, as Doctors Commons and Parish-Books could Witness, he had liv'd a Libertine Life, and had never thoughts of Marriage, till he was Three Score and Ten, when he happen'd into the Company of a Beautiful Young Woman, whose Charms, and Behaviour blew away the Ashes that covered the Fire that remain'd in the Brands end, so that it made a Faint Blaze, which (of late unaccustom'd) warmth made the (willing to be Deceiv'd) Senior fancy that there was yet a great Stock of Vigour in his Veins, that would answer the ends of Marriage; thus when Lechery had left his Tail, and agitated only by Desire, fancy'd mighty Peformances in his Lustful Brain, he Courts this Lady for his Bride, who had not the Charms to renue an old Æson's Age, sensible that his expiring Flame could not long last, he was Impatient of delay; so by continual Courtship he try'd to watch his Mistress, like a Hawk, into Compliance; but 'twas perswasive Money that made her Consent to endure a Lenten Pennance, in Expectation of an happy Easter after his Death. In short, for filthy Lucre Married him, and submitted herself to his Feeble Threescore and Ten Years Attempts, after his fluttering all the Wedding Day, they were put to Bed, (I think that word suitable to his Age) and after Sack-Posset Eat, and Stocken thrown, the Company withdrew, and left them to themselves. When he fail'd in Performance, she was frustrated in her Expectation, so that their Marriage signified Little or Nothing. The Answer I make, to those that will say, Every Body knew this Story before, is, That tho' I pretend to Write Novel's, I don't Novelties, but to dress up something that for one Meal may be Pleasing, and of grateful Gust; and perhaps some Observation may be made from this Story worthy Self-Application: But tho' the Reader do not, I will, to continue the Method I first Design'd. To Attempt any thing, which nothing but (almost) a Miracle can make Successful, is Folly and Madness; and little less, can move a Man of Threescore Years and Ten to do to any purpose. An Old Man Marrying a Young Woman, is like laying down a good Joynt of Meat, to an almost Consumed Fire, which will blaze a while, but by the sudden decay, for want of Fuel, will make it but luke Warm: He is counted a Blockhead that pretends to set up a Trade, when he is past Labour, without he takes an able Journeyman; and I believe in this Case, no Man will willingly admit of a Journeyman to manage his Commodity, and without one (by effects may be judg'd) the Marriage will signifie little towards Procreation. Disappointments must happen to the Man from Natural Consequence, notwithstanding the mighty belief of his Abilities. I have known from Powerful Fancy, when a Child has been tyred with Walking, yet Imagining he Rode when he had a Switch between his Legs, would Imitate the Trot and Gallop, for a small while, without complaining; but presently the weakness and Imbecility of his Feet, made him sensible his Natural Strength (tho' agitated by Desire) could not carry him to his desired home: So the Old, whose Vigorous heat is Spent, may imagine if he get a Cock Horse, how furiously he'll Ride; but like the tyred Child, his Natural decay will appear. The Man being deceived, by Consequence the Woman must; and what sad Effects do such Disappointments cause, are Evident from the future carriage of both Man and Woman: He grows Jealous, unwilling another should Feed, tho' he himself can't make use of the Dainties; then the Poor abused Woman is watch'd, perhaps confin'd, and her whole Life made uneasie. Like a poor Man (cajoll'd by mighty Promises) transported to the West-Indies; when he comes there, finding himself a Slave, to the Beck and Rod of an Imperious Patron, being fast bound by Contract, has no hopes of Liberty, but from the Expiration of time; such is the Condition of a Young Woman, who flatter'd with the belief of Fond Doting Dalliance, and Plenty, is betray'd into the Slavery of Marriage, with an Old Fellow, she has no hopes of Deliverance from, but by the Expiration of her Disagreeable Husbands Life; her Youthful heat meeting with the Icy coldness of his Age, causes thunder in the House: Continual Jars forbid all hopes of Peace. The Reverse of this Story, which is an Old Woman Marrying to a Young Fellow, is to the full as ridiculous, and signifies as little to a mutual Content. THE present Age is not so very Vertuous, but that we may meet with examples in almost every Company and Conversation, that demonstrates the little Efficacy the well design'd Writings and Publick Teaching of Good Men have had, towards Reformation of Manners, and the Practice of Vertue. But not being willing to expose particularly the Insensibility that appears either in my own Life, by not Amending, and Correcting my reprov'd Actions, or in the general Practice of any Fellow-Countrymen; I have pitch'd upon the History of Socrates, so far as it agrees with my Design; that is, to show how little the good Documents he Taught, signified to the Reform or Benefit of the Athenians, and the Odium they caused from those he endeavour'd to Amend. Socrates, who was Born in a small Village Villiage called Halopex, under the Athenian Jurisdiction; is commonly called the Athenian, to distinguish him from several others, of that Name, one of which Wrote the History of Argos, another was a Bathynian, &c. This Socrates the Athenian, was taught Philosophy under Anaxagoras, he was a Man of great Temperance, of a strong Constitution, one who enquir'd into the Nature of Sublime things, Studied Humanity, Practised and to poor and Rich Publickly Preached Vertue and Good Manners; to be silent, and not to reprove Wicked Men, he counted a Crime against the Gods; to Discourse of Vertue, he esteem'd as a great Happiness; and imploying himself almost constantly in instructing of the Citizens, he neglected mightily his private Affairs, so that he was Poor, and told the Athenians, that he ought to be Maintained out of the Prytaneum, or Publick Store-House: That he ought to be Rewarded more then a Victor, for the Conqueror could but make them appear to be Happy, when by his Instructions in Vertue (if Practised) they would really be so, not only from present Serenity of Mind, but in Futuro; for he believed an Immortality of the Soul, and the very day he Died, he imploy'd in Discoursing of, and by Convincive Arguments to his Friends prov'd the Souls Indivisibility, and Consequently Immortality; he Taught as he Believ'd, that nothing of Evil could happen to a Good Man, his Concerns being taken Care of by the Gods; but notwithstanding his Eloquent, perswasive Speeches upon so Noble a Subject, as Vertue, which for its own Sake, ought to attract Mens Inclinations, and Affections; the Athenians were so far from Reforming from their Accustom'd Immoralities, that Miletus, Anytus, and others, accused him, as Guilty of a Capital Crime, for Instructing the People in the ways of Vertue, and for Reproving them, when they Acted contrary to Morality and good Manners: They were so Exasperated aganst him for his Good Endeavours to introduce Honesty and Piety, Inconsistent with their Practice, that without a Confronting Witness, they Condemn'd him to Death; which Sentence was put in Execution by a Draught of Poyson. By which Barbarous usage, 'tis Apparent that all his Teaching signified little towards the Reformation of the Lives of his Fellow Citizens. Tho Licentiousness is more agreeable, and facile to the deprav'd Nature of Mankind; yet almost every Age hath produc'd a Preaching Experienc'd Solomon, a Socrates, a Plato, or some such Good Men, who have Endeavour'd by Writing and Teaching, back'd with the Inducing Reasons of a present Serenity of Mind, that must upon Necessity Accompany Vertuous Actions, or the Glorious Prospect of an Unconceivable Reward hereafter; to perswade Men by Arguments, Conducing to self Interest, (which in all other Cases is prevailent) to Practice Piety, Honesty and Civility, yet what poor Crops have the Stony Soil produc'd, every Age against it self is Witness. The Libertinism of an Heathen, I don't so much wonder at, because he has no Thoughts of Futurity to Check his Mad Career; but that Men who are dayly Taught, and Instructed in Piety, and Morality, and who upon a Self-query, will own that they really Believe to do Good, is for their Advantage, should Act directly contrary to their Belief, is an Extravagant Madness, not to be parallell'd: Is there no Remedy for so Great, and Contagious an Evil to be found? Yes, an Heathen teaches me one, Trahimur Exemplis Plus Quam Præceptis; for if those in Power and Greatness Practised Vertue, the Underlings would Imitate; if 'twere Customary, every one would be in the Fashion: But whilst Vice and Immorality are Countenanc'd by the Great, Orders for keeping the Sabbath, and against Prophanness, are of little Efficacy; for when the great Fish break the Net, the little ones will go out at the Rent. Tho' arguing for Vertue, and good Manners, is highly to be Commended, yet the little Reformation we find, shows that hitherto it has signified Little or Nothing. ONE, who out of Good Manners, I must stile a Gentleman, because he justly Claims that Title from his Ancestors; and it must be allow'd him now, even in his Adversity, since his Accounted Crimes of Omission, in not actually complying to the Laws in force, proceed from the Dictates of his Conscience, and not from an Obstinate Spirit of Contradiction; for tho' this Gentlemans Opinion will not permit him to comply in the Active part, yet out of Submission to the Laws of his Countrey, without refractoriness, he's Obedient in the Passive. This Gentleman (as many others) is at this time term'd a Jacobite, as being the title Customarily used, in Opposition to Williamite; concluding, that he that is not for me, is against me. Upon the Revolution in the Year 1688, (which by Unfathom'd Providence was brought about, so contrary to Rational Appearance, that after Ages will hesitate at the Belief of the Heroick Attempts of the present King, and the Unaccountable Manage of the last) this Man was turn'd out of several Considerable Imploys, (or rather he turn'd himself out, for it cannot be expected, that any will be Master (unless by Power to those that will not serve them) strip'd of his Incomes, he for a while handsomly subsisted; but feeding constantly upon last Years Crop, without Sowing for another Harvest, his Granary was Empted without hopes of Replenishing, without a Miracle, Reduc'd; he herded with those of his own Opinion, that by the Benevolence of Fortune were able to relieve him, and did Generously for a time; but continual Dependance made him sensible of the Bitterness of the Curse: The Undervaluing Slights, the tyring Attendance, often Refusals, beggarly Loans, Reprimands, Advice too late given, all which, with appearing Patience, by force he was oblig'd (if he would Eat) to undergo, made him almost distracted in his Thoughts. The impending Misery of want by its near approach, appearing Dreadful and Afrightning, put him upon the Studious Thoughts, how to subsist for the future. He considered the many reasons drawn from self Interest, and other Powerful Motives, for Conforming to the present Government; the general Consent, and Practice of many, whose Learning and Integrity he could not call in question (unless he should Contradict his own Experience) made him bring his Manage into Examination, and his Rational Arguments made him often Waver, and query the Prudence of his Opinion; so far, that he had some thoughts of Conforming to what the Representatives of the Nation had agreed; but having so long stood out, he could have no hopes of being received with that favour, so as to be trusted in any considerable Imploy; either Civil, Military, or Ecclesiastical; he was too Poor, and of too little Interest, to expect an Honourable Title; too Illiterate to be made a Dean, too well known to be trusted with the Managing of a Secret in National Affairs; so he struck to his old Principals tho' he reap'd no Advantage by them, for Poverty like Ivie twines to the Jacobite, and spoils his Growth; his Opinion Contradicting in general, to the Sentiments of the greatest part of the Nation, was so far from being any ways Advantagious to him, that it expos'd him to want; and debar'd him from the hopes of repairing his Ruined Fortunes. THIS Story is equally applicable to Jacobite, Williamite, Wigg, Tory, or what other Name of Distinction is given to any Man, who Rows not with the common Stream that the River of his Country runs; he tugs against the Tide, and makes very little Progress. To oppose the General Sentiments of a Country, is drawing up-hill by choice, and gives just cause for People to call a Man's Judgment in Question, since there is a nearer, and down-hill beaten Path at Hand; 'tis something like going in the Strand, towards the Horse-Guard, on a Sunday in the Evening, when one has the trouble of meeting the Current of the City Gentry, going from the Park; he that complies not to the Practice of a Nation, appears like one in a Sad-coloured Coat, bearing Arms amongst the Guard Gnard at White-hall, he is star'd at; and if observ'd by a Superior, will be Punished. Relating to a Man's Compliance, or Non-Compliance, ought to be considered; whether what required be consonant to Juice, and Self-Preservation, argued Pro and Con, in refference to Spiritual, and Temporal Affairs, the last not contradicting the formers positive Commands. And sure I am, or must appear to be, by rational Men, much Wiser, or more Blockish, than the rest of the Nation, in a General Council consenting, if I oppose, or refuse Conformity to its Agreement. Parallel Examples ought to be search'd for, and the method of Proceedings, that have been commonly taken by others, approv'd by future Allowance to have been Just, and fitting to be done, ought to Guide, and mightily Sway me to concord to such approv'd Precedents; for if a Man disagrees out of a particular Opinion, or Interest, he, as far as in him lyes, calls the discretion of a great many in Question, and battles a number with his opiniated Reason, from such Proceeding, one can expect no Benefit, or Reputation. No Advantage, because none will trust another (in any thing of Weight) that is of a contrary Perswasion; because 'tis reasonable to believe, that every Man is inclinable to act what sutes best to his Fancy, and most conducing to bring to effect his desired Aim: So, instead of serving that Interest by which intrusted, to gratify his real Sentiments, he'll betray the secrets to him committed. What is in Vogue carries a present Reputation, (than being a Jacobite) must consequently cause an undervaluing, and so Signify Little, or Nothing. A Grave Citizen, an Alderman's Fellow, by Losses and Crosses, and GOD knows what, was reduc'd to the necessity of leaving his House, and moving himself and Effects into the Sanctuary for Bankrupts, White-Fryars; where, for a while he confin'd himself to his Chamber, and when he went out, the Company seasoned to the Place, who were no proud Men, but would quickly be acquainted without Ceremony, made him asham'd, and blush like a young Sinner, the Curtains undrawn; with care he soon cast up his Books; and substracting his Debtors from his Creditors; he found a greater Ballance due than he was able to pay; but willing (as 'tis natural for all Creatures) to be at Liberty, he summoned his Creditors, and offered them ten Shillings for every Pound, reserving for himself but a small Pittance to subsist on, or lay a new Foundation for fresh Credit: But some (Jews in Practice) refus'd a Compliance to any Abatement, and resolved to make Dice of his Bones: Their Cruelty griev'd and afflicted him so much, that his Sorrow and Concern was apparent in his Face; and being ask'd the Reason, he told that his Creditors Non-compliance was the cause of it; upon which, a Doctor in the Civil Laws of the Place, took him to Task; told him his Security there; brought Examples and Precedents how Tom such an one, and Sir John such an one, had us'd their Creditors, and brought them to Compliance: Unmerciful Rogues! What? Refuse to take Ten Shillings in the Pound? If I might advise you, they should not have above half a Crown; I intend to give mine but Eighteen Pence; sure you are not such a Fool to part with all, and suffer your self and Family to want: Such Company, such Examples, such Documents have wash'd away the honest first Intents of many a Man, but it could not flote his; for he still design'd, to his Power, to satisfy every Body; but unwilling to be Caged in a closer Prison, he there Liv'd; and spending upon the main Stock constantly, it wasted so fast, that at his next Proposal to his Creditors, he could offer but Five Shillings, which was also rejected: And some time after not being watchful of his Ways, the Catchpoles siez'd him at the Suit of an old protesting Friend of his, a Neighbour, for whom he would woutd sent, hoping Mercy from their former intimate Acquaintance; but the Officers telling him 'twould be to no purpose, since that Warrant which they nam'd to him, was but one amongst Twenty they had against him; so after squeezing him out of Twenty Shillings for Dinner, Ale, and Brandy, they lodged him in the Compter; where his FellowPrisoners flock'd about him, some pulling this way, some that, like Water-men at turn of Ebb at Billinsgate, all calling for Garnish, which clamorous demand never ceased till he had paid it. The want of Liberty made him value it more than ever, and desiring next to Life his Liberty; he with Prayers intreated his Creditors to accept of all that he had, but they refused it, and would not believe that he gave a true or just account, though he offer'd to make Oath of it; so, be lying there, the poor Man for Necessaries consumed, what merciful men would have been contented with, when the Parliament, out of Consideration of the Misery that many (not able to pay their Debts) in Prison endured, ordered a Discharge upon such and such Conditions, under the which he was comprehended, and consequently discharged, without paying one Farthing; whereas, if the Creditors had formerly comply'd, they might have had half their Debts, and the Man his Liberty; so their confining him prov'd their Detriment. And the like happen to others, when the Insolvent Die in Custody; for where 'tis not to be had, the King must loose his Right. SUCH have been the Fate of many Insolvent Debtors; and such have prov'd the Return to many uncharitable and cruel Creditors; and I believe all merciful Men will think the last deserv'd it: Expectation to recover Debts by confining an insolvent Man, whereby he is debar'd of opportunity to acquire wherewithal to pay his Debts, is an Ægyptian Proposal, To make Brick without Straw, quod ultra posse, now est esse. 'Tis a very good Law in the Signiory of Biscay, that no Native Biscayner shall be Imprisoned for Debt above Forty Eight Hours; but the Creditor in that time shall have Judgment against whatsoever Effects shall be found to be his, or what afterwards he either by Labour, Art, or otherwise shall acquire, yet upon giving Security, not to depart the Signiory, he shall be discharged out of Custody, to get his Livelihood. I have heard that in Holland no Creditor shall keep in Prison an insolvent Debtor, unless he will maintain him there, with subsistance to preserve his Life: But here in England in this point, we out-do the Dutch in Cruelty, confining People to Starve, contrary to Humanity, Mercy, or Policy. One may as reasonably expect his Dog should catch an Hare, when chain'd to a Post, as a poor Debtor should in a Goal get wherewithall to pay his Debts. THO' I could produce variety of Instances out of Ancient History suitable to this Subject, yet I have chose one which has come to the knowledge, and is still fresh in the Memory of almost every English Englsh Man, to show the little Trust and Confidence that is to be given to the solemn Promises of Secrecy in a Conspiracy, or wicked Design. In the Year 169 several angry discontented Men club'd to the hatching a Plot or Conspiracy for subverting the present Government; and for the more certainty of effecting it, designed, contrary to Honour, and common Humanity, to take off the present Head, that the Limbs might be in Confusion, wanting an immediate Director for their Motion, so in the hurly burly to have Proclaimed one, who unhappily has too much Proclaimed himself. There is no need of mentioning their Design at large, or the Progress they had made, every Man knowing the drift of their Conspiracy, and the Conspirators; so I'll only take Notice, that after their Plot was laid, the Assassinators agreed on, and Secrecy sworn to, at the Sun-Tavern, and other Places, some of them (false, first to their Country, then to their Adherents) discovered the Conspiracy. I wish 'twere done out of a repentant Principle, and believing a Promise to do Evil ought not to be kept; but their covetous siliciting for Rewards induce me to believe, that the Principle of Self-interest was the chief Motive of their Discovery; but let it proceed from what cause soever, 'tis apparent, that the Obligations under which they were engaged, were not of Force to keep the Secret undiscovered; The like Discoveries have been made at Venice, at Rome, at Genoua, and in almost all the the Kingdoms on the Earth; tho' the greatest Cautions and Securities that Self-preservation, or aspiring Ambition could invent, to tye up the confessing Tongue, have been made use of; he that will be a Villain in attempting a great Evil, is not to be trusted; for 'tis probable he will be so in a lesser, especially if he expects ro reap advantage by it. SELDOM any Resolution is so fix'd, but that apparent benefit, as Self-preservation, or Riches, will alter it, especially when the Resolve is evil, for no Man, though never so much prompted by Ambition, Avarice, Lust or Revenge, but has a Monitor within, which Dictates to him, that his Resolve and Attempt is Evil in it self; and from what one's Reason informs to be bad, a Man is easily drawn from Effecting: So we find many Men who dare undaunted, look Death in the Face in a just Cause, will Recant and appear Cowards, when Ill is to be attempted, from whence has proceeded many Discoveries of Plots and Conspiracies, to the Secrecie of which, Men have Oblig'd themselves by all the Tyes that are counted Sacred and Binding; such are to be counted Repentants, because they discover the Design out of an Odium to the Evil. But some, without Considering Good or Evil, in Relation to Futurity, discover the secret Conspiracies with them intrusted, not for lor Conscience, but for Lucre sake, others when their first Heat is over, grow Pusilanimous, and confess to save their Lives; sometimes infinite Wisdom confounds their Councils and Devices, lead them into Errors and Mistakes, and by ways unimaginable, bring to Light the hidden things of Darkness. THOUGH Disappointments are in some Degree or other, most commonly the Companions that attend and thwart the Hopes and Expectations of all Mankind; yet have I not observ'd more Disappointments generally to accompany any Attempt, than I have the Endeavours, and Designs, to get into Reputable Places and Employments, as by the Sequel will appear. An English Gentleman, who by Hospitality amongst his County Neighbours, had Spent the greatest part of his Estate; having very little, besides the Mansion Seat of his Family left, seeing himself Slighted by those very Men who had largely tasted of his Bounty, seriously began to Consider, how he should still Support himself in some Credible Reputation; and after he had run over several designing Thoughts, and Built Castles in the Air, he at last fix'd upon the common Hopes of getting a Place, or Employ at London. To effect which, he presently Sold the remaining part of his Estate; and to London he came, to put in Practice the Scheme he had Drawn, for raising once again his Fortune. His first Application was, to besure, to one of the worthy Burgesses that Serv'd for a Neighbouring Corporation, who by the Charms of Bribery, and by Virtue of his strong Drink, had carried the Election Nemine Contradicente; him he acquainted with his Design, and desir'd his kind Assistance, who presently Promised Fair for Country sake, thô he was an Irishman; upon his Promise, every Morning he danc'd Attendance, at the Levèe of my Dear Joy; and when he walk'd, he kept Cringing on his Larboard Quarter, not presuming to go Cheek by Jowl with one of the Representatives of the Nation; who had the same Business during the whole Sessions of Parliament, that he had during the Term-time, two Motions a Day, to Westminster and back again; but finding his Waiting, and the other's Promises, would Signify the same thing, and the Senator being gone to Tunbridge, where the Proverb was on his side, he bethought himself what farther Methods were to be taken; and luckily finding upon a Coffee-house Table, a Paper Intituled, A Collection for Improvement of Husbandry and Trade, by John Houghton, F. R. S. Wherein he found, that he knew of several that wanted Men so or so Qualified and Recommended, and several that were so and so Qualified and Recommended, that wanted the Imployments which others wanted to have Officiated. At first view he thought this Paper as a Pillow of Light to guide him in the Dark: But upon examining the Inquiries after Places and Imploys, and those that wanted Agents, found they answer'd one another's Occasions, and that there was not one Agent enquired after, but there was the same Place sought for; so he dispair'd of Success from that, seeing every one's Occasion might be supplied. Though his Sleep, or rather Slumbers, was unquiet and short, occasioned be the concern that hagg'd his Thoughts about his future earthly well Being, yet his lying Awake was more tormenting to him, as much as Impending want had then a more lively Impression, than his drowsy Fancy could Represent; so trying, as if it were to avoid himself, he arose, slighting Beauish Formality, soon dress'd himself, and went to Man's Coffeehouse; where, though 'twas early in the Morning, he found Talkative Will, a tall elderly Man, with his own Hair, diverting the Company, sometimes in English, sometimes in French; in both Languages he told Stories as improbable to be true as all D. O's Narrative. He took upon him the States-man, and told the Company he knew of Funds that would have rais'd Money enough to defray the Charge of the War, without being any pressure to the Subject: He blam'd all that he was pleas'd to think Mismanagement in the Concerns of the Nation; and then gravely told them, how all might have been prevented, which every Block-head can do, after the Act is past; and, for the future how he would have things managed; but Mercy upon us if Affairs were to be ordered by his Managery, (looking upon his own Conduct) it may reasonably be believed, they would have been Ten times worse directed. After he had Rail'd at several particular Persons, whose names he did not tell. (but describ'd them plainer than I do him) He grumbled at the Bounty bestow'd upon Favorites; but I suppose his Cozen Harry's Humour then possess'd him, who always Rails when he is Poor; but whilst a Bounty is in his Pocket, (which never wears it out) he is as much for Praising, as when Penniless in Railing and Reflecting. If Variety be pleasing, sure Mr. William's Discourse was diverting; for he run over Stories (as much as the time would allow) of Men and Women, of all Qualities, all sorts of Countries, Governments, Languages, Horses, Dogs, Cocks, Wine, Snuff, &c. as positively as if he had been an Eye or Ear-witness, had Travell'd them all over, been a Privy-Councellor in every one of them; a Professor of Languages, own'd, or layed Wagers, Drank, Tasted, or Snuff'd of every sort: But at last took opportunity (though no occasion offered) to tell how nigh he was Related to, and how he was belov'd and respected by a Dutch English Nobleman; which at last startled my Inquirer from the Confusion the medley of his Discourse had put him into, and brought into his Thought, that this Gentleman's Interest might do him a Kindness. His approaching Necessity having made him confident beyond his natural Temper, he presently enquired the Gentleman's Name and Lodging, and that Day waited upon him, and in short desired his Favour towards helping him to an Imploy fit for a Gentleman, and at the same time promised to be grateful; Mr. William, who never wants complimental Civility, told him, that he would assist him in what lay in his Power, and mentioned to him several Places that he might endeavour to get; but knowing none then Vacant, he desired he would meet him on the Morrow, when he would bring a Man (meaning his Cozen Harry) whom the Cobweb Laws cannot confine, though in close Confinement) who knew of Forty to be dispos'd of. The next Day, according to appointment, they all met, and Harry cajoll'd my Inquirer, and fitted his Humour to a T---; indeed he must be of a very stingy Temper whom he cann't please, for he is really a very sensible Gentleman. My Inquirer's Desires were made known to him; and Harry (who never parts with a Man, but he leaves him a plausible prospect of effecting his Designs) laid down such Assurances upon Promises made in his Favour, that my Gentleman began to believe at such a Day he might enter into Pay or Sallery; but before he parted, Harry had nicely examined, though at a distance, how his Stock was, either to Bribe or Purchase, and in a Day or Two was to give my Enquirer a positive Answer; but I had almost forgot to tell you, that just at parting Harry bore up to him, and told him, that though he would serve a Gentleman gratis with his Labour, yet there would be Expences; to defray which, he expected he should bring him Ten Guineas the next Morning. My Enquirer, buoy'd up with hopes, came the next Morning with ready Rhino in his Pocket, had immediately Admittance into a Room spread with old Carpets, that the Man at the Three Roses had refus'd to Stitch Cards on. Presently honest Harry, who like the Hungry Jew, watch'd the falling Manna, came in, and accosted him with, Sir, I've done your Business, for I was with my Lord last Night, and to serve you, spent my own Interest, so effectually, that I had his Promise on your Behalf: Upon these words the Manna dropt into his Hand, which Harry never kept till the following Day, for fear it should turn Sower: My Enquirer's moving Hand having reach'd Ten, at which number Harry's Allarm stood, it immediately rung a Peal in Division about Places, for half an Hour together, That he that wrote the present State of England in the Year, 1694, was a Block-head compared to him; for he has not mentioned a quarter of the Places and Imploys, that Harry nam'd to my Enquirer, and gave him the choice of any of them: He that put an Advertisement for the Sale of Horses, cann't in a Months time name so many Horses to be sold, as he pretended to know Imploys: My Enquirer, amongst the many Texts this Parson Quoted, pitch'd upon Two or Three which serv'd to his liking; and when Mr. Harry had done talking, he told him, such or such would suit his Education, and agreed with his Humour. Oh, says Harry, those are not as yet Vacant, but they will be perhaps before the Parliament rises; for they are resolved to suffer very few Members of the House to be in Imploys, wherein any Branch of the Revenue is to be managed; and since 'tis certain some will part with their Places rather than to be turn'd out of the House, your study must be, how to get into one of those they Abdicate; to effect which, you must try to engratiate your self with a S------ of S--, with Three of the L--- of the T----- at least: And the thoughtful Gentleman, who, by much Labour of his Brain, hammers out things in a great Perfection, to be known and well recommended to the P--- C-----; for some Imploys must be granted in C---: Now, the fittest Man upon Earth to be your Solicitor there, is W. F. who, though he is Foundered in his Feet, has a natural Assurance to tell a Story plausibly to any Nobleman, though 'tis seldom minded; he is Old-Dog with the Ladies and Boys, and their constant Solicitor: Besides, he may be, from his own Interest, very serviceable to you; for I know, the other Day he help'd a Footman to a Place, and took but Half a Crown for his Labour. 'Twill also be requisite for you to learn Decimals and Gauging, and make Application to the C--- of E--; Or to the L-- of the A--. Or to the C--- of the C--- But you must not neglect making Application to several particular Persons, who always seem in a hurry, as if they had the whole concerns of the Nation to manage: Amongst which, there is honest Tony, who seldom gives the C--- of P----, and E-----, much trouble to draw up a Report; A. R. is not duely Elected. I must beg Pardon, when I say, 'tis hard that so understanding a Gentleman; one that knows how to take all Advantages, should not be in the House, no Man being fitter to caution against Deceits, than the ---- He has been serviceable to the Nation by the project of packing of Hay; by the manage of which, Horses Eat less than usual, and their Bellies were taken up, without Belly-cloaths, the smell did their Business; yet Tony had but 31. a Load, for what cost him 25s. His Principles may be guess'd by his Practice; and he has declared his Sentiments, how People that would thrive, should manage themselves; and designs (if he may be believed) to instill the same Principles into his Children; for he told an honest Gentleman, that if he had a Son, he would advise him to flatter and dissemble with all Mankind; never to speak Truth but when it was for his Advantage: With this worthy Gent. 'twill be necessary to be acquainted, if you have Money to purchase an Imploy under the M--- of the H---; for every one of them that were in his reach, he has either sold, or been a Broker in the matter: You need make to Interest to him by Intercession of Friends; for he has no respect to Persons, Principles, or Qualities; but like a late deceased Knight, whose Wit (by mistake so called) lay in bold Examinations of Scripture passages; buffonly rediculing what was beyond his shallow Capacity to understand) has regard only to the Money, let it come from Williamite, Jacobite, or Devil: Besides him, there's another you should be acquainted with, that is a blinking Fellow, a meer pretender to the Law, who could scarce Read (allowing Breviations) at the Exchequer Bar: He, by his Pretensions, one would think had the disposal of 40 considerable Places; indeed he has most of the Gentry at his beck, though 'tis a shame to see how poor spirited some of them are, to cringe and creep to him, whom most honest Men avoid; though there's a broad mixture in this Man of Knave and Fool, yet he so manages by Tricks and Lyes a certain Person in whose Power 'tis to make you one extraordinary; that a Trial ought to be made of his Interest: And sure, by some of these, with my Assistance, (which you shall never want, a Man of your Birth, Education, and Ingenuity) cann't miss of some Imploy or other. Now Sir, I've told you what's to be done, use your endeavour; and when you have fix'd upon your particular, come again to me, and I (as Mr. Houghton says) can help. My Enquirer, with his Head full of this Council, takes leave, resolving to meditate on it, and put it in Practice; but going down Stairs, he saw a written Paper which Harry's Servant had drop'd; and being curious, took it up and put it in his Pocket to Read at Leisure; the first opportunity he had he opened the Paper, and found as follows: Answers, Excuses, and Observations, to be got by heart, and used, as occasion offers, by my Servant Robin. If a Man knocks hard early in a Morning, with a Cane in his Hand, believe him a Creditor, and the first time answer him, that I am not well, and you dare not Disturb me; to Countenance which, besure two or three days in a Month, tye a Rag upon the Knocker of the Door. The Second time, I was sent for about earnest Business, to any busie Nobleman you first think of. Afterwards say for me, as you would have others say for you to whom you Owe Money; but besure you be not catch'd in a Lie, for People are too apt to believe that Courtiers Servants Lie; tho' they speak Truth, if their Desires be'nt Comply'd with. If it be one that wears a Sword, 'tis Ten to One but 'tis either some body I am in Combination withall to Cheat another, or that he himself is to be Cheated, him presently admit, for from such, Corn comes to the Mill. If it be one whose Company I have shun'd, send him to some Tavern or Coffee-house out of the Verge of the Court, where to besure I never go but on a Sunday. Some part of the Paper had been torn off, but one may be certain, he had learn'd the whole Lesson by the variety of Shams and Excuses he had constantly ready. Bless me, how was my Inquirer Surpriz'd at the Reading it! and began to conceive that he was fallen into the Hands of a Tongue-Padding Cheating Courtier; but finding his Counsel in some measure ought to be followed, he was resolved to make Applications as he was directed. In a short time by Friends or Money, he was little or much Recommended to almost all Fortune's Darlings, that had the Disposal of any Employs; one or other of them he was almost continually waiting on with the Recommendation of my Lord such an one, Sir such an one; or honest Mr. such an one; and every one to whom he was Recommended, like true Courtiers, spoke him fair: One promised the next thing that fell; another promised to take Care of him; a Third, out of Kindness, would have him Qualify himself, that upon any Opportunity he might jump in: A Fourth took Money in part; and a Fifth invited him to Dinner, which Gentleman it must be said of him, did him more Kindness than all the rest; for after he had waited half a Year, he found their promises to be only Air; for when the first had power by a Vacancy, to besure he said, He was pre-ingaged. The Second's care was to avoid him. The Third Gentleman would not give him Opportunity to Jump, continually Selling Reversions. The Fourth did his Business but in part, for he could never get all his Money again. Thus Shuffled off from one to another, by fair Words and Promises, he spent a great deal of time, and all his Money to no purpose; meeting with so many Disappointments, and really wanting Necessaries, and reflecting on the Usage he had met withal, and dreading the Poverty he saw approaching, he had fallen into Dispair, but that he had still the Happiness to carry in his Mind, the Thoughts of Futurity, from which he resolv'd as much as possible to be Content; and to strengthen him in his Acquiessing, and Resignation to a Supreme Will, he often went to Church; but one day going into St. Martin's, thô early, the Surly Clark refus'd him admittance into a Pew, which so mightily concern'd him, that he went to his Lodging, and whilst the Thought continued, he Wrote the following Verses. Having long Rack'd his Brains, and Spent his Money and Time in Vain, his peery Landlord by a Writ, secur'd him a safe place in the Marshalsea durante Vita , unless a Compassionate Parliament release him by an Act of Grace.

Miscellaneous

Labour in Vain: OR What Signifies Little or Nothing:

Labour in vain: or, What signifies little or nothing [...]

MscB1718

IT is on all Hands granted, and with great Reason agreed on, that good Laws are necessary and essential to the Being of good Goverment: But I think it may also with as great Reason be added, that without OEconomy and Order in the Execution of those Laws, the greatest Beauty of Government is lost. For if the Law is not executed, it is only a dead Letter, Useless, and Insignificant: Or if it be executed, yet if it be done without regard to Time and Place, and Circumstances, it will frequently lose its Force and its End, introducing of Consequence, Anarchy, and Disorder. These Observations hold equally true in all Governments and Societies, whether Little or Great, Publick or Private: And I add here too in the Vegetable, as well as Animal Kingdom. For the Lord or Governor over any Part of Vegetable Nature, is not less in Danger of losing the Beauty and Benefit of his Government, from the Want of a seasonable Execution of good Laws, than a Sovereign Prince is, of being deprived of the Blessing of Prosperity, and the hearts of his Subjects, from Partiality or Injustice. It is, I confess, therefore with a View of restoring and establishing a true and exact Order and OEconomy in a Garden, that I have been prevailed upon to add this Kalendar to the Two other Treatises I have published on this Subject. I have indeed therein already consulted, and had a due Regard to the Order of Nature, resolving to make every Thing plain and intelligible, even to young Beginners, by a natural Method of Proceeding: But yet what is still desired and wanted to make the Art of Gardening truly pleasant, familiar, and entertaining, is the Order of Time too: To be led, as it were, by the Hand; to be directed and pointed to something to be done, not only each successive Year, but if possible every Day, at least every Month in the Year, towards forwarding the natural Hopes of being rewarded with Fruit and Plenty. Such a Sort of Manuduction as this must needs be very desirable and easy to the Mind; and every true Lover of a Garden should methinks entertain such a Guide with Kindness and Candor; especially whilst nothing is offered to him choaking or unnatural; but all the Rules of Art, though confirmed by long Experience, are submitted to the common Reason and Judgment of Mankind, and every Man is left to the first Principle of human Nature, of judging for himself. What the mercenary Part of the Gardeners may think of this Method of treating the Subject, I cannot say. There are certainly some such narrow envious Spirits in the World, that would engross and monopolize all Knowledge; that would make others believe; that the particular Mystery is unintelligible; or at least not fit to be trusted with any but themselves. Where Tyranny and Ignorance prevail, this sort of Craft may easily be supposed to prevail also: But amongst us Protestants, where Learning and true Liberty prevail, if we can but keep where we are, no Subtilties or Crafts will be endured, that hinder the Progress of useful Learning, as well as true Religion. I hope therefore it will not be made an Objection, that I have all along endeavoured to make this Science plain and easy, and consequently intelligible; because the better it is understood, with so much the greater Success it will be practised, and the more improved; it being my constant Desire and Aim, that no one Person amongst Clergy and Laity, in whatsoever Part of this Island, may ever be deprived of the Pleasure or the Profit of a Fruitful Garden, for want of Rules and Instructions, or of knowing Times and Seasons when to put them in Practice. Or if I could but be so happy, as only to give some Hints, whereby further Improvements might be made, by the Experience and Ingenuity of others, I shall gain the Pleasure and the End I aim at. There are some Terms and Expressions yet remaining in our Language, with respect to Arts and Sciences, that have a very odd Sound, though perhaps no ill Meaning: As when we are told of a Company of the Mystery of Haberdashers or Merchant-Taylors, and Wardens of the Mystery of Mercers, &c. I confess, if the Company of Gardeners should ever incorporate themselves into a Fraternity, I should be very sorry to hear them called, A Society of the Mystery of Gardening: Because, however weak Minds may be brought to reverence what they do not understand, yet I cannot find that wise Men like any Thing the better for being made mysterious or unintelligible; but rather the contrary; and are jealous of every Thing that looks like Art in hiding what ought to be known or explained. Howsoever, as far as in me lieth, I have endeavoured to shew that the Art of Gardening is no Mystery, no inaccessible Arcanum; but attainable by a few easy Rules, and a little Experience. The Study of Vegetable Nature has indeed hitherto been too much neglected: But as the most ingenious Mr. Bradley has now opened a new Scene of Philosophy in the Generation of Plants, it is to be hoped that Attempt will provoke other curious Observers to join with him in making further Experiments, and tracing the Operations of Nature distinctly through its several Stages, from the Conception to the Birth. When that Hypothesis is once fully settled, as it is now a highly probable one, we shall have a noble Foundation to build practical Truths upon; and it is easy to guess what surprizing and useful Inferences may be drawn from such a new Theory of Vegetable Nature. In the mean time, taking the Circulation of the Sap for a Thing granted, and built upon good Reason, as well as undeniable Experiments Besides the Experiment of the Circulation of the Sap in the strip'd Jessamine, mentioned in the 1st and 2d Part, I have since try'd to make an Incision in a strong Branch of a Pear-Tree, as far as the Pith, and afterwards split it Four or Five Inches upward, putting a small Stone in the Opening to continue the Gap. This succeeded as I expected; for at the Extremity of the Lip, where it was disjoined from the lower Part of the Branch, nature formed a weak bearing Branch; which could not otherwise be, but by means of the descending Sap, as may be seen in Fig. 1 at A. The same also is proved by circumcising the Branch of a Pear, taking away three or four Inches of the Bark all round to the Wood: The Effect whereof is, That the descending Sap swells very much the upper Part of the Wound at B in the same Figure; and is (I think) a Demonstration, that the Sap in a Pear, (and as far as I have observed in that alone) ascends in great Measure through the Pith. For such a Branch will live and bear Fruit several Years., I shall continue to proceed upon that Hypothesis, and with a constant View to That, shall venture to recommend those Rules and Directions to others, which have proved for many Years so successful to my self, under no very advantageous Circumstances of Soil and Situation. This Subject, as I have observed above, I have already treated in the Order of Nature; and in that Treatise, I have study'd to use as few Words, as possible, and yet to express my self intelligibly. But if a further Enlargement should seem necessary to some; I hope I have here supply'd that Defect, now I come to speak in the Order of Time, which will lead me to say many Things before unthought of, and to insert some others not before sufficiently experienced. However, what I have chiefly had Regard to in my further Explications and more particular Rules, is the Managment of the Vine, that glorious Plant, which amongst all others, justly claims the Precedency, being esteem'd both by Ancients and Moderns, the King of the Vegetable Kingdom, as Man is of the Animal, and Gold of the Mineral. And that Honour and Precedency is the more aptly given to it as a King, if we consider how analogous Plants are to Animals, according to the new System of the Circulation of Juices in Vegetables; and more so still, if their Method of Generation given us by the afore-mentioned Curious Gentleman, be admitted. This Royal Plant, I say, I shall all along treat according to its true Dignity and Worth, studying to explain and unfold its Nature, and laying down such particular Rules and Directions, that All may understand its Motions, and None be deprived of the Blessings and Rewards which it offers to all its Lovers and Admirers. There is the greater Need of having something of this Nature said and done; because there is a strange prevailing Notion got abroad, as if the greatest End and Use of planting a Vine, being a quick Grower, was to cover the Walls of the House with something Green, to make it look Pleasant and Beautiful to the Eye, without any great Prospect of reaping good or ripe Grapes from it. And indeed, according to the Observations that I have made, it is generally managed accordingly, with great Disregard to any exact Pruning, or good Government. This careless Management of the Vine, is yet but agreeable to the Views Men have in other Cases, whose Labour and Resolutions ordinarily rise no higher than the Level of that Good, which is desired and hoped for. If the Expectations of Fruit from the Vine be languid and faint, who can hope that the Four several Prunings will be duly watch'd and regarded? And yet I am very well satisfied, that the general received Opinion is, that 'tis a vain Thing to expect good Grapes, when once you get Fifty or Sixty Miles North of London To this Error and Mistake, Sir William Temple, I doubt, has not a little contributed; when he so weakly argues and insinuates, as if neither good Peaches nor Grapes could reasonably be expected, when once you get beyond Northamptonshire, and commends the Prudence of his Friend in Staffordshire; that planted only the best Plums against his South Walls. Where yet (as I am informed) there is excellent Fruit of all the best Sorts. See Garden of Epicurus, Page 116.; of if any one happen to succeed, That is commonly attributed to such kind and favourable Seasons, as are not ordinarily to be expected. Now therefore, that I may at once strike off the main Force of this Objection, and raise Mens Hopes and Expectations upon a Rational Foundation in order to Practice, I shall here subjoin an exact Calculation of the several Degrees of the Sun's Heat, answerable to the several Degrees of Latitude, between 44[deg] and 56[deg], whereby at one View it may easily be discerned, what Proportion of Heat is lost or got by going Northward or Southward. But because I am obliged to my Good and Learned Friend Mr. Whiston, for his kind Letter and Tables upon this Occasion, I shall make use of his Leave to insert them at Length. "I Have considered the Problem you desired the Solution of from me, and have perused the Learned Dr. Halley's Account of the same in the Philosophical Transactions, Numb. 203. And the Result of my Enquiry is this: That the Quantity of Heat derived from the Sun is always as the Squares of the Sines of the Sun's Altitude above the Horizon, i.e. that the Quantity or Number of its Rays is still as the Sines of that Altitude; and the particular Force of each Ray, or equal Quantity of Rays (which when more oblique are weaker and more Perpendicular are stronger) is in the same Proportion of the Sines also: Which equal Proportions, when compounded, do constitute the Proportion of the Squares of those Sines. Upon which Foot I have set down Tables of the Quantity of Heat derived from the Sun at Noon on the longest Day, June 10. At the Sun's Entrance into Taurus and Virgo, April 10. and August 12. And on the Equinox-Days, March 10. and September 12. for the several Latitudes from Forty Four to Fifty Six; or from the Latitude of Montpelier in the South of France, to that of Edinburgh in Scotland; which will be sufficient for an Estimate of the Summer Quantity of this Heat in general for the same Latitudes, or so far as the ripening of Summer Fruits is concerned: And it will abundantly prove what you aim at; viz. That 'tis not the proper Weakness of the Sun's Heat, that hinders those Fruits from ripening tolerably well in the Middle, or even somewhat Northern Parts of England, which are known to come to considerable Perfection in the Southern Parts of it: Since it is evident by these Tables, that the Difference of an entire Degree in these Parts, is but about the Fifty Sixth Part of the whole Solstitial Heat in June; but about the Thirty Fifth Part of the other in April and August; and no more than the Twenty Third Part, even in March and September, when it is largest: Which seems to be too small to be of very great Consequence in that Matter. The other Occasions of Variety of Heat in several Countries, are generally obvious, and do not come under our present Consideration. I am, Sir, a hearty Well-wisher to your useful Designs of improving and recommending the Art of Gardening; and withal, N.B. The following Tables and Calculation, though they shew the real Difference of the Sun's Meridian Heat in different Latitudes; yet do not account for the greater Number of Hours of the Sun being above the Horizon, which a Northern Latitude has more than a Southern one; which yet is to my present Purpose to observe. I shall only therefore inform the Reader in General, and by one round Number, That during all the Summer Season (the Time of ripening Fruits) betwixt the Two Equinoxes, there are no less than One Hundred Hours of Sunshine at Durham, more than there are at Plimouth, as might easily be shewn by a particular Table. Tables of the Quantity of the Sun's Heat at Noon, when it is Vertical; at the Summer Solstice; the Two Equinoxes; and the Sun's Entrance into Taurus and Virgo, for the several Latitudes from 44[deg] to 56[deg]. N.B. The Angles are made by adding the Sun's Declination to the Elevation of the Equator. Degrees of Latitude. Place Names. Heat, June 10. Heat, Ap. 10 and Aug. 12. Heat, Mar. 10. and Sep. 12. Vertical Sun. --------- 1000 1000 1000 44 Montpelier. 880 711 516 45 -------- 867 696 500 46 Lyons. 854 680 484 47 -------- 841 664 466 48 Orleance. 828 647 449 49 Paris. 814 631 431 50 The Lizard. 800 614 413 51 -------- 785 606 396 51 1/2 London. 777 597 388 52 -------- 770 579 379 52 1/2 Yelvertoft. 767 574 375 53 -------- 757 561 362 53 1/2 Lincoln. 753 555 357 54 -------- 742 543 346 55 Newcastle. 726 524 329 56 Edinburgh. 711 506 312 By these Tables it manifestly appears, that though Two or Three Degrees of Latitude do produce some, and that a Mathematical Difference in the Degrees of Heat and Cold; yet that that Difference is but small, much less considerable than is commonly thought, and consequently that there is more Weight laid upon that Difference than it will bear, when a Gentleman suffers himself to be discouraged from Planting and Managing Peaches and Vines; because he happens to live under Fifty Three of Fifty Four Degrees of Latitude. For my Part, I am so sensible how little there is in that Disadvantage, that if the Rules I have laid down for managing a Vine be but followed, I am sanguine enough to hope for Success, even in the most Northern Parts of this Kingdom; and I own it is with Pleasure, that I expect to hear of good Grapes at York and Durham, too. N.B. In this Calculation no Notice is taken of the Advantages and Disadvantages of good and bad Soils, of kind and unkind Climates and Situations; because, though these are in themselves of the last Consequence, and are indeed chiefly to be regarded; yet do not they come under the aforegoing Disquisition; but are to be considered separately and apart: Inasmuch as a bad Soil and Situation may fall to the Share of him who lives near Canterbury, and a good one to him that lives near York. The former Calculation therefore is supposed to be made under the same or equal Circumstances of Soil and Climate. But then what I would add here is this: That we unjustly complain of a Northern Climate, when the chief Misfortune (to say nothing here of bad Pruning) is owing to a bad Soil and Situation, to cold Springs and Clays, subject to Currents of Winds betwixt Ridges of Hills, open to the North, East, or West. That these are the Evils chiefly to be dreaded and guarded against, if possible, may appear from the want of good and late Fruit in Cornwal, and some Parts of Devonshire, open to the cold Winds; and the Plenty of it to be had in Worcestershire and Herefordshire, Two Degrees more North. Though indeed it is a Reproach to those Two last named Counties, the very Garden of England, that they do not more encourage Vineyards, and the later Fruits; not seeming to know the Felicity they enjoy of the best Soil and Climate, and of their being so happily guarded on all dangerous Sides by Hills, and yet open to the South. This however, is to my present Purpose to observe, that though there is some small Disadvantage attends every Degree of more Northern Latitude; yet even Three of Four of those Degrees are by no means so considerable a Discouragement (nor ought to be accounted so) as a wet Soil, a cold Clay, and a bad Climate, wheresoever they happen; I shall therefore venture to say, because I am supported by experimental Knowledge in saying it; That a warm Sand or Gravel on a favourable Situation, as far North as Nottingham or York, is much rather to be chosen, because more agreeable and assisting to late Fruits, than a deep Clay unguarded from the North Winds, as far South as Exeter or Plimouth. For indeed there is a greater Disadvantage attends a wet cold Soil than most are aware of; because the very Climate in some Cases is affected from the Nature of the Soil, as I have my self had but too fatal Experience; the hovering cold Dews and Frosts here coming on sooner in Autumn, and continuing later in the Spring; whereby I have not only been deprived of at least a Month of that Summer, which most of my Neighbours have enjoyed; but have often lost the tender Shoots and Fruit of Vines and Figs in the Spring, and much of their Fruit in Autumn. N.B. The aforegoing Calculation doth not respect any extraordinary Cases of Artificial Fires, or other Helps to accelerate the Growth of Nature: For these may be had in any Latitude with Care and Charge, and are, to be sure, most wanted in the North, and in bad Soils, to ripen the later Fruits. I have been informed, that his Grace the Duke of Rutland, at his Seat at Belvoir Castle in Lincolnshire, has done so much Justice to the Vine, as to have these Artificial Fires constantly burning behind his slope Walls from Lady-Day to Michaelmas; whereby he is rewarded with the largest Grapes, and even the best Frontignacs in July. I have not my self seen them; but it is easy to conceive, that by the Help of Stoves at convenient Distances, and Cavities in the Structure of the Wall to convey the Heat to all Parts, the desirable Purpose of early, large and good Grapes must be attained; especially if the constant Care of Matting them a' Nights be not neglected; without which all would quickly be spoiled by the Cold and Perpendicular Dews or Frosts, that fall so frequently in April and May. Neither is the Charge of this, as I am informed, so considerable as might be thought; for in a Country of Coals, where a Wagon-Load of the small Sort may be had and brought for Two or Three Shillings, it cannot be supposed to be a great Charge to have Ten or Twelve Stoves constantly burning for Six Months. The most material Thing seems to be the Attendance required: And yet that need be look'd upon as only part of the Meloniere, and may be managed by the same Hand, and at the same Times. Something analogous to this, is a Method that might be practised; of laying large Heaps of long Dung behind a Wall of Vines, which by frequent stirring and repeating, will have the same Effect as a gentle Fire; and if it might be so contrived, as to have the Garden-Wall where the Vines grow, near the Stable, the Trouble would be little or nothing, but the Advantage every way very considerable; still remembring, that if the Vines by any artificial Heat, shoot out before their natural Time, great Care must be used to guard them a' Nights from the Frosts, till April and some part of May be over. But what Methods soever are practised for accelerating the Growth of Vines by artificial Heats, it may not be improper to add in this Place; that it is of the last Consequence to follow exactly the Rules of Art in pruning them: Forasmuch as great Care, Attendance, and Charge is used for the attaining the End of getting good and early Grapes, the more of these are procured in a small Compass the better; and therefore it would be inexcuseable to have any part of such Walls as these especially, unfurnished with Fruit; which yet, I doubt, is a Thing not sufficiently considered by those, who are willing to spare no Cost to get good Grapes: Whilst they seem satisfied with having a tolerable Quantity on each Vine; when yet, it may be, the same Quantity of good Ones might be had in half the Room. Which leads me here by the way to remark also, That I could never yet find, that the Vine can ordinarily bear But this observation is to be restrained to the Vine only: All other Fruits (as far as I have observed) do really suffer as to their Taste and Goodness, from too great Plenty. too much Fruit, its great Plenty of Sap affording always sufficient Nourishment for the greatest Abundance; especially if all the fruitless Branches be removed, as they ought, and as will be directed in its proper Place. N.B. If all the afore-going Advantages of Soil, Situation, and Climate, were well considered and improved, I do not see but it must turn to very good Account to plant a convenient well-sheltered Spot of Gound, to be ordered in the Method of a Vineyard for making Wine; the Fruit whereof by the help of a very small Quantity of new Raisons, might certainly be made to answer to very good Purpose. I cannot tell but the South-Side of a chalky Hill may do: but I should rather chuse an untry'd hot Sand or Gravel not over-rich, for this Reason; because this will retain the Heat of the Sun much longer, even so as to continue warm in the Absence of the Sun; and consequently the circumambient Air will be in a great Measure affected therewith. I am satisfied there is more in what I now say than is commonly thought; because I have frequently observed the happy Consequences of a warm Gravel or Sand, how that it hath really defended what has grown upon it from the Injury of those Frosts, which have made terrible Havock in other Neighbouring Places. The great Misfortune which we in this Island suffer, with Respect to our late Fruits, is the Unconstancy of the Weather, and great Difference oftentimes betwixt our Nights and Days, as to Heat and Cold; for we do not seem so much to want hotter Days, as less cold Nights: But it is plain from Fact and Experience, that those Inequalities are not near so great and considerable in a dry warm Soil, as they are in a cold wet one. And yet (as I apprehend) no better Reason can be assigned for it, than that the one retains the Effect of the Heat of the Day and the Sun's Beams longer, and consequently makes the whole Air warmer in the Absence of the Sun, than the other. To the happy Influence of this it must be assigned also as the Cause, why those perpendicular Frosts or Mists, which fall so frequently in Spring and Autumn, do not here fall so plentifully, nor cause such fatal Destruction: Such indeed as must in other Places be carefully guarded against with Horizontal Shelters, if tender or late Fruit be expected. However, still we shall but deceive our selves, if we trust too much to the happy Influence of a good Soil: I am now only speaking of what is comparatively Good; of what is to be chosen with all the Skill and Discretion imaginable, in the Case of planting a Vineyard especially. But were it any way practicable, nothing could more effectually bring Italy into England, than a Contrivance to take off more of the Influence of our cold Nights and uncertain Weather. This I am perswaded might, in good Measure, be done with no great Charge or Trouble, by means of low ordinary Espaliers about Two Foot high, along the several Rows of Vines, to which their Shoots might be carried horizontally and fastened, and the Fruit it self likewise defended by Horizontal Shelters, fix'd on the Top of the Espaliers, made of coarse narrow Planks with a convex Superficies to throw off the Wet; as may be seen more plainly Fig. 2. But a cheaper way still, and as effectual, would be to fasten narrow Mats of Straw or Rushes Four or Five Inches wide on the Top of the Espalier, running East and West. I cannot but think some such Method as this might be of singular Use to remedy the Inequalities of our Climate, and help us to such fruitful Vineyards, as may afford the same good Wine, which we so eagerly seek for Abroad with greater Charge. I am throughly convinced how easily good and ripe Grapes may be had in a Vineyard artfully chosen and well guarded, from what I saw the last Year, (and that no very favourable one) in the Garden of that Ingenious Encourager of Vegetable Nature, Mr. Balle at Kensington, who for a Trial has planted a little Spot with Vines in his Garden; Three or Four Shoots from every Plant were supported with Props: And when I was there in the Beginning of November, I saw some very fair Bunches of the blue Frontiniac tolerably ripe, managed according to Art, by Mr. Bradley himself. Some of these indeed he told me were planted there by Mistake: But I only infer from thence, what excellent Fruit must be had, and may ordinarily be expected, from the black Clusters and Muscadines, that are so much earlier ripe. Upon the whole then, since I have so heartily recommended the planting Vines in all advantageous Soils and Situations, and have encouraged even the making Vineyards in some of the best and most Southern Parts, I shall think my self obliged to be more than ordinary Particular in my Directions how to manage them; not only, because they most of all expect and need constant Pruning; but because I cannot find, that that Care and Attendance is ordinarily given them, which is so absolutely necessary to the Production of good and ripe Grapes. But neither shall I forget what I have promised: To lay down such plain Directions and Rules for the Government of a Fruit-Garden in all the Articles of it, that the practical Part of Gardening may become as easy and familiar, as the Theory is delightful and entertaining to all.

Miscellaneous

THE FRUIT-GARDEN KALENDAR.

The fruit garden calender: or, A summary of the art of managing the fruit-garden [...]

MscB1729

THE transmitting to Posterity the Lives of Persons who have render'd themselves, in any Manner, or Science, whatsoever, ornamental to a Commonwealth, is a Work that is not only due to deceased Merit, but redounds to the Honour of the Person who undertakes and executes it with Truth and Ability. On this Account, Plutarch still lives, and participates the Renown of those illustrious Persons, whom his victorious Pen has rescued from the Triumphs of the Grave. The Present Age is acquainted with, and admires alike Suetonius, and the Twelve Cæsars; And the British Heroes of the ROAD communicate a Share of their own Glory to Captain Alexander Smith, the learned Preserver of their Exploits and immortal Fame. Under the Encouragement of such notable Examples, I have ventur'd on the following Piece of Biography, and flatter myself, that as the Hero of my Discourse was a Person of important Consideration in Great Britain, I shall derive to myself no small Portion of his Merits and universal Applause, by the honest and pious Regard which I have shewn to his Memory. Mr. James Spiller was born in the Year of our Lord 1692, of honest and reputable Parents. His Father was indeed no better than the Gloucester Carrier; but having scraped a pretty handsome Sum of Money together, by his own Industry, and having but this one Son, he was resolved to breed him a Gentleman, if Persons may be allowed to be such, who practice the Liberal Arts, and if Painting may be accounted one among them: He accordingly put him Apprentice to Mr. Ross a Landskip Painter, in whose Business, having always a very lively Genius, he grew a tolerable Proficient in a short Time; but a sedentary Life being, by no Means, agreeable to his natural Gayety and Vivacity of Temper, he betook himself very young to one more suitable to his Inclinations, tho' not altogether so genteel or profitable, and went with a Company of Strolling Players, into several Parts of England: and so well qualified was he for this Employment, that into whatever Place he came, or in whatever Play he acted, he was, at all Times, the Life of the Performance, and the greatest Support of the Company; but although he pleased his own Humour by this Way of Living, yet it was so much against the Will of his Father, that he was hardly ever prevail'd upon to do any thing for him afterwards. So difficult a Task it is for young Men to curb their headstrong Desires, tho' check'd by the strongest Ties of Duty and Interest! The Parts he usually appear'd in, were those of low Comedy, not, but that sometimes, in the Country, where Heroes are not very plentiful, he has represented Alexander the Great, Mithridates King of Pontus, although it must needs be confessed, excellent as he was in his own Way, these Parts were but burlesqu'd by him; but when he came upon the Stage for Hob in the Country Wake, the Widow Lackit's foolish Son, Daniel in Oroonoko, Costar Pairmain in the Recruiting Officer, and many others of the like Sort: His Looks, his most significant Shrugs and Gestures, would oftentimes set the whole Audience a laughing before he had spoke one Word. Notwithstanding by the Liberality of several Persons of Condition to Mr. Spiller, who were willing to encourage One, who had so much Merit in his Profession, he was set above the Necessity of the Rest of his strolling Companions; yet he was often-times pretty much in Arrear, especially at the Tap; (for Mirth is sometimes thirsty as well as Grief) and meeting at a certain Place, (I think it was at Stamford in Lincolnshire) with a Landlord, who had no great Share of Faith, he was suddenly seized by two Bailiffs, one Evening, for Three Pounds, Eleven Shillings, just as he was going upon the Stage. He begg'd he might perform his Part, and when that was over, he would go with them whereever they pleas'd. They told him they did not care to part with him now they had got him. No more you need, replied he, For you shall both go upon the Stage, and act a Part with me, if you please, that you may be sure I will not go out of your Sight. How can that be? said the Bailiffs, We don't know how to act or speak before so many People. O! answer'd the other, Here are two Parts in this Play, wherein there is Nothing to do or say. In short, he was to act, that Night, the Country Squire in the Comedy called Æsop; and he prevailed with the Bailiffs to lead in his two Hounds for him; and finding an Opportunity to get to that Side of the Stage which was near a Door into the Street, he got clear off, and when he was quite out of Danger, could not help laughing to think how he had given each of the Bayliffs a Dog to hold. It was not long e'er the Master of the Company found the Want of him, by the Receipt of his House, and took all the Ways he could think of to recover him, but all to no Purpose, for he was soon got into another very distant Part of the Kingdom, and in the Year empty space came up to London, and was receiv'd into the Play-house in Drury-Lane, which was, at that Time, under the Management of that great Genius, Aaron Hill Esq; and one Mr. Collier, a learned Attorney at Law; some of the principal Actors being then at the Hay-Market, but there was left a very good Company at the Old House, among which were Mr. George Powell, Mr. Booth, Miss Santlow, Mr. Bullock, Mr. Norris, Mr. Pack, nor was Mr. Spiller, the Subject of our present Discourse, the most despicable among them. He was well receiv'd at his first Appearance, and every Day gain'd on the good Opinion of the Town. The first Part for which he was very much taken Notice of, was that of Corporal Cuttum in the Walking Statue, written by the abovesaid Mr. Hill. It would be an Injustice to that illustrious Poet, if we were not to take Notice of the grateful Sense Mr. Spiller always expressed of the Favours he had received from him, in so much that when he has happened to be mentioned in his Company, he would even grow wanton in his Praise. It is to the fostering Kindness of this worthy Gentleman that the Town is indebted for some of its greatest Geniusses! Such is that Phœnix in her Way, Mrs. Eliza Haywood; the most inimitable Mr. Richard Savage; and that sweet Bud of Poetry, who was out off in the Spring of his Life, Mr. Thomas Patterson. It is Spirits like these that adorn the Age and Country they live in, and who, as that ingenious Lady, the Author of Mr. Savage's Life says, have something in the Force and Sprightliness of their own Imaginations, which more than makes amends for their Ignorance of the Classics; for what was Sapho if compared to the first, or Homer and Virgil to the latter! But to resume the Thread of our Discourse: the two Companies in the Hay-Market and Drury-Lane being again united, the Managers thought fit to dismiss Mr. Spiller, who, as they would have it, could act no Parts but such as were in Mr. Pinkethman's Way; and they had always received too much Profit from Pinkey's Phiz, to encourage any Body to put that out of Countenance. Mr. Spiller forced again to return to the Strolling-Trade, made himself as happy as possible, and the more so, by marrying Mrs. Elizabeth Thompson, a good pretty Woman, and one who might have made a tolerable Figure on the Stage, was it not for a little too much Affectation; but it is the Misfortune of a great many fine Women as well as she, when Nature has made them perfectly agreeable, to marr her Handywork, and make themselves the Reverse, by their own Distortions of Body and Features. The Desire of several Persons to have Mr. Spiller on the Stage again, who had seen him there before, and the Report that was made of his excellent Performance in the Country, made the Managers of both Houses, (for now Lincoln's-Inn-Fields Theatre was opened) send pressing Invitations for him to come to London; and indeed it must be own'd he had partly made an Agreement with the Master of the New House to come to him, notwithstanding he went for a short Time to DruryLane; but when the first, as he is himself a most religious Observer of his own Word, sent a Friend to him to put him in mind of his Promise, he went away that Instant, although he was already dress'd for his Part in the Emperor of the Moon. His Wife came with him hither, but I cannot learn that she was very remarkable for any Thing but speaking in Men's Cloaths a Prologue to that incomparable Tragedy call'd Mangora, King of the Timbusians, a Play, of which no Part of the Town were capable of tasting the Beauties; nay, some ill judging Criticks have ventured to say, that it abounded with Faults, tho' I think there have been no printed Remarks upon the Plot, the Manners, the Sentiments, and Diction of it; No, no, they knew it would be a hard Task to go so far as that: But however they went far enough to provoke the Honourable Author to write a Defence of his Play, which he set forth in that facetious Pamphlet, entituled the Mus Muzzled, which, egad, did their Business for them, and smote them all Hip and Thigh. This Mus Muzzled, was to be found on every Bulk and Stall in Town, and was not dispersed in such a clancular Manner as the New Edition of the Dunciad: But why should we wonder at any Thing done by a Person, who makes no Bones of the brightest Men of the Age, by one, who can attempt to render contemptible such an amiable Character as that of Mr. Edward Ward, when all the World must own his Hudibrastic Verse has put Mr. Butler as much out of Countenance, as Mr. Charles Johnson's and Mr. Odingsell's Comedies have eclipsed the Names of Congreve and Wycherly. Nay, the very Laureat himself cannot escape him, tho' I would fain know on which of his Predecessors Mr. Eusden thinks that Title was more deservedly bestowed than on himself, notwithstanding Spencer, Ben Johnson, and Dryden were of the Number. Nor is even the Grave a Shelter, or Shield from the Edge of this Gentleman's Satyr, but poor Mr. Durfey is raised again from the Dead to be maul'd in the Dunciad. I would here attempt the Character of that great Lyric Poet, but that I fear the ill-natur'd will say, I am like my Lord Plausible, commending every Body; but I hope the Judicious will see that I have not given Praise to any one but who is truly worthy of Praise. No one can charge me with lavishing my Compliments upon the late Mr. Addison, or the present Dean of St. Patrick's: I have wasted no idle Ink in a Panegyric upon the Beggar's Opera; and as for the Dunciad, I don't in the least doubt but in a few Years it will be as much forgotten, and as little admired as the Dispensary. Before I quit this Author, I must take Notice of his barbarous Usage of that Father of English Criticism, Mr. John Dennis. Are his Labours to be wedged in between Ward and Tibbalds on the Back of his Ass? Oh Envy! Envy! What would he turn the most Venerable of all Criticks into Ridicule? Has not the Force of his fine Reasoning, nor his tremendous Aspect sufficient Power to awe him? Will he not take his own Word, that no Author now living has done so much for the British Stage, or defended so manfully the Cause of the British Muses? And is not theirs the Cause of our Country? What do our Armies fight for, what do our Senates debate about, if Poetry be suffer'd to languish? This awful Bard has by the Harmony of his own Numbers, shewn himself fit to judge of the Performance of others, I will boldly venture to affirm, notwithstanding all that Mr. Pope and his Adherents can say, that there are some of this Gentleman's Plays not to be equall'd by any that have come after him, I will hardly except the afore-mentioned excellent Tragedy of Mangora. Not only his own Country, but all Europe have confess'd their Admiration of his Play call'd Liberty Asserted; and her late Majesty's Ministers at Utrecht, found such Difficulties in their Negotiations upon Account of that Play, that sure it is not so long ago, but every one may remember how much the Peace was retarded thereby, because they could not be brought to consent to the sacrificing so valuable a Person as the Author of it, to the Fury of the French. As we are now in strict Alliance with that Nation, I would not rip up old Sores, nor mention their fitting out a Privateer to spirit him away from the Coast of Sussex, but only to shew of what Consequence this Gentleman has been esteem'd in the World; and now in his Decline of Life, to be treated like one who never wrote any Poetry worth reading himself, and yet has made severe and senseless Remarks upon other People, is inhuman to the last Degree. The Character these his Enemies give of him, puts me in Mind of a certain old Gentleman I have heard of some where about Charing-Cross, who seldom leaves the Tavern till Morning, but is constantly railing at late Hours and Debauchery. If the Malice of the Author of the Dunciad continues, I shall shortly expect to see the sacred Names of Mr. Edward Biddle, and Mr. Pickering Rich, used with as much Contempt as any of those he has been already pleased to satyrize. Nay, who knows but in Time he may take it into his Head to call in Question the Merits of Mr. Giles Jacob, and Mr. Bazaleel Morrice. The great Estate and Titles of the Author of Love in a Hollow Tree, it is to be hoped will be a sufficient Defence against his Lash; but it must be allowed by all Men, that he has made free with some who are but little inferior in Genius to that wise and learned Peer. Now begging Pardon of my Readers for this long Digression, let me remember where I left Mr. Spiller, 'twas at Lincoln's-Inn-Fields Play-House, in full Possession of the Applause of the Town, and in full Pay. In the Year 1715, Mr. Rich, the Patentee of the House, having resign'd the Use of his Theatre for four Nights in a Week to Mr. Keene, and Mr. Christopher Bullock, Mr. Spiller was caress'd by these new Partners, if possible, with more Fondness than by their Predecessor in the Management. From the Grace in which he stood with the Town, those Gentlemen drew no small Presages of the large Advantage they should gain in their Contract, by the Merit and Applause of his Performances. In pursuance of this Prospect, they thought it for their Interest to get up all the Plays in which he could play any Part. Nay, I am inform'd, that they have even procur'd Plays to be wrote on Purpose, that he might have an Opportunity of displaying his facetious Talents for the Entertainment of the Town. As the first Instance of which, I shall mention a Comedy call'd, The Woman's Revenge: Or, A Match in Newgate; which at this Day bears a very good Character, and brings considerable Audiences, wrote by Mr. Christopher Bullock, one of the above-nam'd Managers, and dedicated to Mr. Spiller, by that Gentleman, in Gratitude for the happy Figure he made in it. Which Dedication, upon the Account of it's Humour, I shall take the Freedom to transcribe. MY Choice of you for a Patron, will acquit me of those detestable Characters which most of our modern Authors are obnoxious to, from their fulsom Dedications; I mean a Mercenary, and a Flatterer: My prefixing your Name to these Sheets will clear me of the Former, and there is no Fear of incurring the Scandal of the Latter, since the greatest Encomiums which my humble Pen could draw out, come far short of your just Praise. I could expatiate on your many excellent Vertues, your Chastity, your Temperance, your Generosity, your exemplary Piety, and your judicious and fashionable Management Managament in your Conjugal Affairs: But since I am so well acquainted with your Aversion to Reading, I shall content my self with mentioning the many Obligations I have to you, particularly for your good Performance in this Farce, especially in your last Part; I mean that of Padwell; in which you was a shining Ornament to the Scene of Newgate: And you must not think I flatter you, when I tell you, you have a natural Impudence proper to the Character, and became your Fetters as well as any that ever wore them. And I am sorry I could not, without giving Offence to the Criticks, and deviating too far from the Rules of Comedy, bring you to Tyburn, for the better Diversion of the Audience; but I hope you are satisfied with my good Wishes, and will give me leave to subscribe my self, His grateful Sense of the Compliment paid him in this dedicatory Epistle, (which certainly carries the same Air of Truth, as the greatest Part of those Dedications which do Honour to the Majority of the richest of our Commoners and the whole List of our NOBILITY) he has frequently express'd, amongst his most intimate Companions, but delay'd, by unforeseen Accidents, making his Acknowledgement in Print, 'till the first of March 1728, which he did under the Character of Peter Padwell, upon the Account of the unreasonable Success of Mr. Gay's Beggar's Opera, which he affirms was stole from Mr. Bullock's aforesaid Comedy, of The Woman's Revenge, Or The Match in Newgate, as the Reader will perceive by the following Letter of Mr. Spiller's to Miss POLLY PEACHUM; which I think it may not be improper to insert here. BUT hold me, dear Duck, whither am I running in Musical Notes, when my only design is to Forewarn and admonish thee in Mournful-guise of the great Danger we are in, from this Damn'd Thieve's Opera we are so merry about. Pol pray retain in your Memory what the honest Cobler says in Sir Fopling Flutter Ale and History Master, &c. for which Reason, take Notice, my Girl, if we are put into the Crown Office, and after that into Jail, for the Sins of other People, I here enter my Protest in Form against these Treasonable Scenes, In the Days of that immortal Stuart, King James the First, there liv'd one Mr. John Marston, who wrote Eight Plays. One of which, call'd The Dutch Curtezan; was Printed in the Year 1605, and eight and Twenty Years afterwards, 1633, it was reviv'd with great Success, under the Title of The Revenge: Or, A Match in Newgate. And in the Year 1715, being the Second Year of King George the First, (God bless his Memory) our dear Brother Mr. Christopher Bullock, Rerevived this Comedy, and call'd it A Woman's Revenge: Or A Match in Newgate. And now you see, in the First Year of King George the Second, that Mr. John Gay, who turns the Transactions of all the World into Fables, has Metamorphosed Mr. John Marston's Dutch Curtezan, into the Dutchess of and your Mother acts the Part, and does not prove her Marriage. In short the Truth ought to be told, our Brother Bullock's Match in Newgate is a harmless, inoffensive Farce, The Beggar's Opera Mr. Gay stole from Mr. Bullock, who only borrowed it of Mr. Marston, and the Law says, The Receiver is as bad as the Thief: Besides it is most certainly a Libel against the Kg and Gt, Nor did Mr. Spiller, in a less generous Manner testify his Acknowledgements to Mr. Keene and Mr. Christopher Bullock, his constant Friends, at a Time when ev'ry new Performance drew the whole Attention of the Town to Drury-Lane Theatre, and the Cobler of Preston, a Farce, wrote by the ingenious Mr. Charles Johnson, who is celebrated for many other applauded Pieces, besides the Masquerade and the Village Opera, the last so strenuously recommended by Caleb D'Anvers, Esq; than by getting into Company with his Brother Pinkethman one Evening at the Gun-Tavern at Billingsgate, who had the Part of the Cobler, then in Rehearsal, in his Pocket. These Gentlemen, who had with an equal Warmth the Honour and Interest of the British Stage at Heart, soon gave up the Animosities that generally arise between the Comedians of Rival Theatres, and enter'd into a free, and entirely mirthful Conversation, shewing themselves, what Mr. Addison says of the late Duke of Marlborough and Prince Pringe Eugene, in the two following Lines in his excellent Poem of the Campaign, But Mr. Spiller, (I wish I could cast a Veil over this Part of his Life,) had a sinister View, which neither of those Two Great Generals were capable of; he meditated the Dishonour of the Men he convers'd with, and taking the Advantage which he had waited for, of Mr. Pinkethman's being overtaken with Liquor, without any Regard to the Laws of Society, Honesty and Justice, stole the Part of the Cobler out of his Pocket, and discharging, (as he was always exceeding Generous, when he had, as he used to call it, The Cole upon him,) the Reckoning, took his Leave of the Tavern, left his Brother Pinkethman drunk and asleep, and went immediately with his Prize to his Friend and Patron, Mr. Christopher Bullock; who being a Person of an admirable quick Turn of Thought, and one who always knew what would make for his Interest, embraced Mr. Spiller and his invaluable Piece of Theft, with all the Transports that naturally arise in a truly Poetical Bosom on such an Occasion: He instantly fell to work, and by the Hints given him by Pinkethman's Part of the Cobler, was able to bring upon the Stage a Farce of the same Title as Mr. Johnson's, a Fortnight before the other House could present theirs, through the above-mentioned Advantage taken of Mr. Pinkethman by Mr. Spiller, the former not being able to recover his Part, tho' he used the greatest Application in less than that Time. Now I would have the Reader to observe, that Mr. Bullock, who always prided himself upon his Attachment to the Principles of Toryism, not only robb'd the above-mention'd ingenious Mr. Charles Johnson of great Part of the large Profits which he expected from the Run of a Farce, which was wrote, so much to the Support, and the Defence of the Hr Succession, but wrote his own Farce, call'd The Cobler of Preston, likewise in quite another Manner, turning into Burlesque and Ridicule all Mr. Johnson's Thoughts and Designs, and giving Spirit to that Party which Mr. Johnson had rendred contemptible and Spiritless. To this, the Gentleman who is the Subject of my present Discourse, may be said to be accessary, and his Principles with respect to the Government, may be brought into Dispute, as he not only knew his Brother Pinkethman to be a fervent Friend to the Interests of his late My, and his Administration, but was satisfied that his Patron, Mr. Bullock, for whose Sake and Interest he was guilty of so felonious an Act, as picking Mr. Pinkethman's Pocket, was a Person whose Hopes depended entirely on the Favour of a contrary Party. To strengthen our Suspicion of Mr. Spiller's unhappy Sentiments, with regard to the Gt, and to shew the mutual Confidence that seemed to subsist between Mr. Christopher Bullock and him, I shall now take Notice of another Farce, call'd The Perjuror, wrote likewise by the abovesaid Mr. Christopher Bullock, which was acted in Opposition to the Nonjuror, a Comedy written by that undoubted Lover of, and Ornament to his Country, Mr. Colly Cibber, and in which Mr. Spiller bore a considerable Part, and spoke a Prologue to it, which gave Mr. Cibber and the Court-Party no small Chagrin. No Body will wonder if this Farce had a considerable Run, to very large Audiences of Persons who went under the Censure of being disaffected to the Government, since Mr. Spiller was the Comedian, who, next to the Party-Jokes in it, gave, by his Performance, a Life and Spirit to it. The Liberty I have taken with Mr. Spiller's Character in these Reflections on his Moral and Political Conduct, may, perhaps, seem very surprizing to those who are acquainted with the Intimacy that has been between us for near twenty Years: But the Regard I have to Truth, and my own Reputation as an Historian, compels me even to break through the Bands of Friendship; nor can I leave such a Chasm in my History, as omitting a Circumstance of such Moment to the curious Reader, as that, of his going from Mr. Rich's Theatre, (for Mr. Keene and Mr. Bullock were both dead,) in the Year 1720, to Ireland, immediately after his Benefit Night, when he received through the Generosity of the Town, an Hundred and Seven Pounds in Money, out of the Office belonging to the Play-House, and did not give any of his numerous Creditors the Favour of a Visit. He stay'd there till his Pockets were quite drain'd, or, (as he himself term'd it,) he was Seedy; and being requested by Mr. Rich to return to his House, thought it no disagreeable Invitation, and accordingly accepted of it, and came to London, and was re-established in Lincoln's-Inn-Fields Theatre; but such are the Charms of good Liquor and good Company, that four Pounds a Week were not enough to keep him out of the Hugster's Hands; and having mortgaged his Pay, and taken up several Sums of Money at extravagant Interest, he was forced in the Year 1722, to take Shelter in the Mint, and being drove to very great Straits, he was reduced to have a Play acted for his Benefit in that Place; but the South-Sea Business having brought a little better Company there than usual, he made a Shift to scrape together about Twenty Pounds: The Play was The Drummer: Or, The Haunted House, to which, upon this Occasion, he himself wrote the following Epilogue, which has been already printed in a Paper that came out at that Time, called The Whitehall Journal, but from a very incorrect Copy, above Ten Lines being omitted in That, which are here in their proper Place. This was the first Piece of Poetry my Friend Mr. Spiller, as he assur'd me himself, was ever guilty of; It is very certain, notwithstanding all the Care I have taken to give the Publick as exact an Edition of it as possible, there are many obscure Lines in it, which must arise from the Carelessness or Interpolations of Copyists, but the learned World may shortly expect to see the Genuine Text restored by that elaborate and circumstantial Critick Mr. L. T. who, as I am told, has spent some Time about it, and designs to publish it with such ample Notes, as will make, with the Prolegomena, Testimonia Authorum, and Appendix, two Volumes in a handsome Octavo: This is a Work which, it is to be hoped, for the Usefulness of it, will meet with Encouragement from the Publick, the Subscription not being above 25 Shillings in Sheets, and as to the time of its being delivered to the Subscribers, every Body knows how punctual this Gentleman has always been in this Particular. As it is impossible for any Man, how inoffensive soever in his own Behaviour, to pass through the World without making some Enemies, so Mr. Spiller was not without those who maliciously and groundlesly reported this Epilogue was not of his own Writing, but that he was hew as assisted therein by the great and admir'd Authors of that Never-to-be-forgotten Dramatick Opera called Penelope. I must own I have here a strong Desire to enter upon the Character of those immortal Poets, who never had met with a Paralell in the Dramatick Way, if Mr. Johnson had not come from Cheshire, to oblige the Cities of London and Westminster with his Hurlothrumbo, or News from Terra Australis Incognita at the same Theatre, but that I have already tired my Readers by too long Digressions, and should I once begin upon so copious a Subject, and give the proper Eulogiums due to each of those memorable Bards, I must swell my Volume much beyond the Size I propose, and make a bound Folio, or a Quarto at least: Besides, I can the more easily put the Restraint upon myself, since I am informed that Capt. Alexander Smith, the renowned Biographer, whom I have mentioned in the former Part of this History, has undertaken to write the Lives of the modern Poets, with the same Accuracy and Elegancy of Stile, as he has shewn in the Lives of the Highwaymen, and in this intended Work, no Doubt, Justice will be done to two Authors who maintain so considerable a Rank in the Commonwealth of Letters. The Applause Mr. Spiller receiv'd from his Friends and Companions upon the Account of the above-mention'd Epilogue, encourag'd him to try his Genius in several other Pieces of Poetry: And tho' Mr. Christopher Bullock in his above-printed Dedication of The Woman's Revenge, Or, A Match in Newgate, to him, was pleas'd to compliment him upon his being an Enemy to Reading, I have it in my Power to assert the contrary upon my own Knowledge, I my self having at his Desire, borrow'd Byshe's and Gildon's Arts of Poetry for his Assistance, from whence having learn't the Rules of Measure, and furnish'd his Head with as great a Competency of Jingles for the Ends of Verses, as most of our Squab-Poets about Town can make Boast of, he brought forth several very pretty Pieces, with which he frequently entertain'd his Friends in private, though his Modesty would not give him Leave to make them public, he once ventured so far as to re-translate the Third Ode of the Ninth Book of Horace, from an old Translation, which he bought for Two-pence in Duck-Lane, after the following manner. The writing these Verses was occasioned by a Quarrel and Reconciliation between him and one Mrs. Stratford, dwelling in Wild-Street, with whom, after his Separation from his Wife, he lived for some Time in great Intimacy. And here it may not be improper to give the Reader a Notion of Mr. Spiller's Taste of Beauty, by describing the Person and Perfections of this Lady, who had the Happiness to captivate his Heart. She was in Stature just rising to that Height where the Graceful can only begin to shew itself, of a lively Aspect; and a Command in her Mien, that like the principal Figure in the finest Paintings, first seizes, and longest delights the Eye of the Spectator. Her Voice was shrill, strong and piercing; her Pronunciation indeed a little too Voluble, and her Emphasis always placed with great Spirit in her Periods. She had one peculiar Happiness from Nature, she look'd, and maintain'd the Agreeable at a Time, when other fine Women only raise Admirers by their Understanding. 'Tis true she could not boast much of her Paraphernalia, her best Gown being a Coventry Yard Wide, a pretty deal the worse for wearing; but Mr. Spiller, while his Amour continued with her, did the utmost in his Power to see her dress'd according to her Condition, and, even when he was on the other Side of the Water, allow'd her Fourteen Pence a Week, and gave her Three Shillings and Six-Pence at one Time, to buy her a Hoop at Rag-Fair: And not long after this, upon Valentine's Day, he sent her, as she assured me herself, the following Copy of Verses, with a new flourish'd Apron. By the foregoing Verses, it may be imagin'd that Mr. Spiller's Passion for Mrs. Stratford was purely Platonick, by talking so much of her Virtue, and indeed, altho' she admitted Visits from him, she was cold to all Mankind besides, and rather than suffer another to share those Raptures which she preserv'd alone for him, or prostitute her self for Gain, she has condescended to several Employments much below the Dignity of one who sometimes lay by the Side of so great a Man; such as dealing, at one Season of the Year, in Asparagus, and at another in Rumps, Burs, and hot bak'd Faggots. Now I am upon the Topick of Mr. Spiller's Amours, I cannot omit that which he carry'd on with Mrs. D the Duke of Rs Mistress, which lasted for a considerable Time, but ended, at last, in a great Quarrel between them, and the utter Ruin of Mrs. D in the Duke's Favour, through Mr. Spiller's inadvertent Discovery of the Intrigue for a Joke; For being dress'd a little cleaner than ordinary, and the Duke happening to be behind the Scenes, could not help taking Notice of it. "Yes, (says Jemmy) my Linnen is not only clean, but as fine as any of your Grace's. "That's impossible, reply'd the Duke, upon which the other shew'd his Grace the Coronet and his own Mark upon his Shirt, it being one Mrs. D had, that Day, lent him. The Duke, by this Circumstance being convinc'd of what he had some slight Suspicion of before, from that Night would never have any thing to say to her; so that the Lady lost a very good Keeper, and poor Spiller an Opportunity of appearing so spruce as she oftentimes made him. He thought himself so happy in her good Graces, 'till this Piece of Folly ruined him, that they often wish'd their Inclinations for each other might be as lasting as their Lives, as you may see by the following Verses he sent her a little before their Quarrel. Whatever Opinion the World may have of Mr. Spiller as a Poet, I am sure Nobody will refuse him the Praises due to a good-humour'd Fellow and a most facetious Companion. Mr. Spiller was not only esteem'd by the Managers of the House, as one on whom much of their Interest depended by all the Frequenters of that House, for the constant Diversion his humorous Behaviour on the Stage afforded them; but in private Conversation, by many of the smartest and prettiest Fellows about Town, who acquired that Character oftentimes by retailing his merry Conceits to their Companions: Nay, some Persons of the first Rank have not thought an Evening ill spent in so good Company: the late Duke of Wharton particularly took much Pleasure in passing some of those Hours he devoted to Mirth, in the Company of honest Jemmy; a Familiarity with a Man of such Quality is certainly to be look'd upon as a great Honour done to a Person of his low Station of Life, but it happen'd quite otherwise at a certain Time to poor Spiller, for his Grace having, one Evening, an unaccountable Frolick come into his Head of obliging every Man in Company to disrobe himself at ev'ry Health that was drank, of some Part of his Covering, first a Peruke, then a Coat, and afterwards a Waistcoat. Poor Jemmy, when they came to the last, made a Thousand Excuses, but all to no Purpose, for the Duke insisting upon having his Toast pledg'd in the same Manner he had drank it himself, he was forced to own that having Mislaid his Shirt he had forgot to put it on that Day, and so was expos'd in his Buff to the whole Company, which, you may imagine occasion'd not a little Laughter; therefore how much happier had it been for him to have contented himself that Evening, with the humble Conundrums of some of the Peers of his own House, who might have been in the same Condition with himself. But this cursed Ambition leads a Man into numberless Inconveniences. Mr. Spiller's free and expensive Manner of Living still continuing, and not having the Convenience of his usual Sanctuary in Cases of Extremity, the Mint, that Place being put down by Act of Parliament, he became a Victim to the Resentment of his mercyless Creditors, and a wretched Property to Bailiffs and Spunging Houses, by whom, after they had drain'd his Pocket to the last Half Penny, he was ungenerously deliver'd up to Goal. But in this Place it was his peculiar good Fortune to experience, contrary to the usual Custom of those Places, a great Indulgence and Civility, upon the Account of the pleasant and facetious Temper which he preserv'd in those unhappy Circumstances; and particularly when he was thrown into the Marshalsea Prison, at a certain Time, at the Suit of several Persons, his jocose Conversation so won upon the Good-Nature of the Person who was then Deputy-keeper of the Goal, that he found a very sincere, generous and serviceable Friend in him ever after; not only assisting him at that Juncture, to make his Affairs easy with his Plaintiffs, and appear in the World again, but continuing the same good Office to him, whenever it was his Fate to come under his Hands as a Prisoner again. In short, by the Management and unwearied Industry of this Person, Mr. Spiller's Circumstances were, a few Months before the World was depriv'd of him, brought into so easy and comfortable a Situation, that he could not only, on a common Week Day, venture out of the Play-house, which was made a Sort of Garrison by those of his Brother Comedians who went under a small Suspicion of Debt, to pay his Friends a merry Visit or so, but even was able to give his Acquaintance the Enjoyment of his Company, whole Days and Nights together, without the least Apprehension of Danger, at the House of his above-mentioned Friend, who being of too generous and humane a Temper to continue in the Office of a Goaler, and live in Luxury by the Misfortunes of Wretches who were committed to his Custody, quitted that mercenary Employment, and took a publick victualling House near Clare-Market; where, His Sign, though seemingly well adapted for the Place, was judg'd too vulgar and unpolite to countenance the Resort of such Gentlemen of Taste and Consequence as Mr. Spiller's Mirth and influence invited thither, was, by the concurrent Desire of an elegant Company, who were assembled there over a Bowl of Arrack Punch, one Evening, (about Three Months before Mr. Spiller's Death) and by the generous Offer of Mr. Legar, who was one of the Company, and as excellent a Master in the Science of Painting as Musick, chang'd from the Bull and Butcher, to Mr. Spiller's Head; and drawn by the said Mr. Legar, gratis, in a Manner, and with a Pencil, that equal the proudest Performances of those who have acquired the greatest Wealth and Reputation in the Art of Painting. To prove that he was an exceeding good Punster, pray take the following Specimen of his Wit in that Way. It was at a Time when the Town gave but very little Encouragement to Lincoln's-Inn-Theatre, which forced the Master of the House to be a little behind-hand with his Actors. They being met as usual at Rehearsal on a Saturday Morning, with Hopes of receiving some Part of their Pay, young Bullock, who had always a strict Friendship with Mr. Spiller, after having been at the Office, comes upon the Stage again to his Friend, with a sorrowful sorrwful Countenance, Faith, Jemmy, there's no Cole, said he; Cole you must understand is a Cant-Word for Money. Why, then reply'd the other, if there is no Cole, we must burn Wood. You are likewise to remark here, that Wood was the Name of the Man who was to pay them. Mr. Spiller's Wit was not the Effect of Wine; for he was the same over humble Porter; the same when he drank nothing; nay, like that arch French Wag Scarron, he would sport in the midst of Pain; for being one Night in great Torture with the Tooth-Ach, a Barber that was behind the Scenes, desired that he would let him draw his Tooth for him, No, said he, I can't spare one now, Friend, but you may draw them all after the 10th of June if you please, for I shall have no Occasion for them then; meaning when the Company gave over playing, he should have nothing to eat. Going one Day through Rag-Fair, he cheapen'd a Leg of Mutton, for which they ask'd him Two Shillings; No, says Jemmy, I can't afford to give you Two Shillings for a Second-Hand Leg of Mutton, when I can buy a New One in Clare-Market for Half a Crown. A certain Officer of the Army, who was very much addicted to enlarge his Narratives beyond the Bounds of Truth, was, one Night, diverting the Company behind the Scenes with an Account of a Pike that he saw alive, which was above Five Foot long. Pish, replyed Spiller, That's nothing, I myself have seen a Half-Pike six Foot long, that has not been worth Two-pence. When he lay ill of the Small-Pox some Years since, an Acquaintance coming to see him, and bewailing the Misfortune of his being at that Time Blind, Oh, said he, I shan't be so long, for Puppies you know always see at the End of Nine Days. Nay, but a few Days before he died, being carried up to lye in a Room on the same Floor with Mr. Walker at the Play-House, with whom he had had some little Dispute not long before, You see Tom, said he, I have kept my Word; I told you I would be even with you before long. To mention all the numerous Circumstances that attended the Life of this valuable Member of our Common-Wealth, Mr. Spiller, is a Task which I am perswaded, his dearest Friends, and those who are most religiously tender and careful of his Memory, will excuse me from undertaking. Let it suffice, that during the Run of the Beggar's Opera, which was the longest that any Dramatick Piece that ever yet appeared upon the British Stage met with, he made his last important Figure as a Comedian, in the Character of Matt of the Mint, which seems to be the next in Rank to that of Macheath, and outdid his usual Outdoings to such a Degree, that whenever he sung the following AIRS, which I shall take the Liberty to transcribe, he executed his Part with so truly sweet and harmonious a Tone, and in so judicious and ravishing a Manner, that the Audience could not avoid putting his Modesty to the Blush, by repeated Clamours of Encore, Encore. ACT II. SCENE I. I am not insensible that those Persons are not wanting, who either wantonly or maliciously report that Mr. Spiller's doing so much Justice to this his Part of Matt of the Mint is to be attributed to the Fondness he frequently shew'd of resorting, in Company with his Brother Pinkethman, and other Comedians of the same Note for a polite Taste, to the Taphouses, or Lodges of most of the Goals in London, and the particular Esteem which he always express'd for the instructive and elegant Conversation of Mrs Spurling, whose inspiring Liquors have encourag'd such Numbers of Newgate Heroes, to laugh both at the Laws of their Country, and the Ordinary's pious Exhortations at the Gallows. But as I am ambitious only how to render this my Account of his Life worthy the Perusal of the sedate, virtuous and well-meaning Part of my Countrymen, I shall not descend to sacrifice the Character of my Hero, by giving into any such foolish or disingenuous Suggestions, but conclude that he always thought himself bound in Honour, to do every Author who brought a Play upon the Stage, and obliged him with a Part in it, the strictest Justice imaginable, and upon that Principle only, prevail'd upon himself to enter into this particular Part with so much Sprightliness and Vigour, in Defiance of our common Laws, Decency, or Chranty, to all which he, at other Times, profess'd the most zealous Submission and Adherence. This was the last Part, as I observ'd before, in which he appear'd on the British Theatre, truly like a Comedian, and like Mr. Spiller; not that he did not act in several other Parts besides, in the same Season, but that the Master of the House, biggotted to a Performance by which he had got so much Money, was loath to take off the good Impression which it had made on the Town, and therefore thought proper to represent no other Plays, during the Intermission of its Run, than such, as by frequent Use, were grown stale, and uncapable of recovering the Taste and Senses of the People, and in which Mr. Spiller could not appear with his usual Advantage. Let me desire the Reader now (having gone through all the material Circumstances of his Life, which I was acquainted with, either by my own particular Knowledge, or the Information of those who were most intimate with him, with the greatest Impartiality) to view him in his last melancholly Scene, (melancholly Retrospection indeed, to all the Friends of Wit, Humour, and good Acting!) His Departure from the Stage, not only of Lincoln'sInn-Fields Theatre, but of Life itself. Being always ready to discharge his Duty to the Play-House, in whatever Manner he should be appointed, on the 31st Day of January, when His Royal Highness the Prince of Wales had commanded a Play to be acted, to which the Entertainment of Pluto and Proserpine was to be added, and in which he was to perform a very important Part, he would by no Means, notwithstanding he found himself out of Order, give an Interruption to the Business of the House, by publishing his Illness, but ventur'd on the Stage, where, in the Midst of the Part he was to perform, he was seized with a Sort of an Apoplectick Fit, and carried off the Stage, to have the Assistance of a Surgeon, who, notwithstanding he us'd all his Art, could not give a longer Respite to his Life, than till the 7th Day of February, when he expired in the very same Room which occasioned that Pun before-mention'd, which he made to Mr. Walker. Having thus done Justice, I hope to the Memory of my deceased Friend, I shall only add, that he was buried at the Expence of Mr. Rich, the Master of the Theatre, by Mr. Hawkins, an Undertaker, living in St. Clement's Parish, in the Church-Yard belonging to the said Parish, three Days after his Death, in a very decent Manner, in the 37th Year of his Age, and that the following Epitaph was dedicated to his Memory by a Butcher of Clare-Market, who had frequently partaken the Pleasure of his most agreeable Company, at the House which was honour'd with his Sign.

Miscellaneous

THE LIFE OF Mr. James Spiller.

The life of Mr. James Spiller, the late famous Comedian.

MscB1739

UNderstanding a Play call'd Gustavus Vasa, was preparing for the Publick, I had the Curiosity to attend a Friend of the Author's to the Rehearsal at the Theatre-Royal in DruryLane: But as Praise often raises to Adulation, I was in some Fear (like a Lover's warm Description of the Charms of his Mistress) it would fall short to one prepared for the strictest Examination: I went, not in the least prejudiced in its Favour, but was extremely exremely surprised to find my self so agreeably Disappointed. There is not only what the Actors call Business in it, but a Nobleness of Stile and Thoughts, that has in my Opinion rank'd it in the Class of the best Tragick Authors. I therefore went Home, full of the noble Ideas the Piece had stamp'd on my Mind, and form'd a Resolution of extracting from the Best Historians, the Life and History of this Northern Hero, GUSTAVUS VASA. THE Kingdom of Sweden, which contains a great Part of the old Scandinavia, is one of the most powerful Kingdoms in the North, for many Ages united to the Crown of Denmark. The Air is very cold, tho' far more fertil than any of the other Northern Kingdoms. It equals France and Spain in its Extent. Their chief Export is Malt, Barley, Brass, Lead, Steel, Iron, Buck and Great Hides, Black Cattle, Variety of Rich Furs, Tar, Honey, Oaks and Deals, and the finest Copper in the World. The Inhabitants, healthful and strong, (the Women more prolifick than any of its bordering Nations) and so industrious, that there is seldom a Beggar seen among them. This Kingdom was converted to Christianity in the Year 816, by Ansgarus Bishop of Bremen (a City of the Lower-Saxony.) Norway and Lapland bound its North, Russia and Moscovy the East; the South by the Baltick Sea, and the West, Denmark. This Kingdom was the Country of the Goths, who made a Breach in the Roman Empire, the fourth Century, to let in most of the Northerns that now inhabit it. The Swedes are well made, and are Warriors from their Infancy; they are patient in Hunger and Want, having more Courage than Industry, taking more Pleasure and Delight to polish their Arms, than improve their Commerce; leaving to their Women the Cares of the Houshold. It extends from South to North, to the 55th Degree of Latitude to the 70th, and consequently must feel the Cold in its utmost Rigour. The Winter Season reigns near nine Months of the Year; and in their three Summer Months their Tillage, their Harvest, their Fruit and Vegetables come to their Perfection. But in the nine Winter Months, Providence has been kind to them, by allowing them a serene Sky and a pure Air; and the light of the Moon, which is very seldom obscur'd, makes it almost as commodious in Travelling by Night, as by Day. Sweden was an Elective Kingdom till the fourteenth Century, and by that Right, the Swedes, often depos'd their Monarchs when they had the least view of infringing their Liberties. The King could neither raise Money, declare Peace or War, without the Consent of the Senate, nor build any Fortifications. The Representatives of the Kingdom were the Nobility, the Bishops, and Deputies of Towns, nay even the Peasants were at last incorporated into that Assembly. About the Year 1692, this warlike Nation that had conquered Rome above thirteen Centuries past, was subdu'd and brought under Subjection by a Woman, Margaret Queen of Denmark and Norway: But after the Death of that heroick Queen, Sweden often felt the Shocks of Civil Wars, alternately shook off the Danish Yoke, and submitted to it, was sometimes govern'd by Kings, and somtimes by Administrators. About the Year 1520, this Kingdom was oppress'd by two terrible Tyrants, Christiern, the Second King of Denmark, a Monster in Nature, cloath'd in every Vice, and Trollio, Archbishop of Upsal was formerly the Capital of Sweden, in the Province of Upland, constituted an Archbishop's See by Eugenius the Third Pope of Rome. It is seated on the River Sala. It was for many Ages the Seat of their Kings, and from its former Regard the Kings receive their Regalities there, and are crown'd by the Archbishop of that Place; 'tis also an University. Upsal. These two wellmatch'd Tyrants agreed to seize in one Day at Stockholm. The now Capital of all Sweden, (and has been so two Centuries and upward) is a large, noble City (tho' formerly a poor Place) Seated upon the Bottom of the Lake Meler, that falls into the Sea near this City: It is almost surrounded by Rocks, and strongly fortified, its Situation is something like that of Venice, upon six Islands join'd to each other by six wooden Bridges, with two large Suburbs, one to the North, and the other to the South. In their Cathedral are deposited two of their Kings (the rest being interr'd at Upsal.) Its Castle is large but not strong, and the Harbour one of the safest in the North, for once enter'd, you are intirely land-lock'd, and defended by the circumjacent Rocks, from all Gust, or Flaws of Wind. Stockholm, the Magistrates, the Consuls, and ninety four Senators, who all suffer'd Death, under Pretence that they were excommunicated by the Pope, for defending the Rights of the State against the Archbishop, whilst these two Tyrants were employed in the utmost Exercise of arbitrary Power. Gustavus Vasa, (the Subject of our noble Drama) was lineally descended from their famous King Canutson, he was one of those extraordinary Genius's, who are so rarely form'd by Nature, to govern Mankind; his Person was amiable, his Air majestick, his Eloquence, which receiv'd an additional Force from the agreeableness of his manner, was the more persuasive, as it was less artful. His enterprizing Genius form'd such noble Designs, as might appear rash to vulgar Souls, he was intrepid with Prudence, calm in an Age of Cruelty and Horror, and as virtuous, as the most guiltless. The first Appearance of this great Hero, was under Steno, the Administrator (so the Chief was called.) His force of Eloquence, and Reason, insensibly crept into the Heart of Steno; by Gustavus's persuasion, he arm'd the Peasants with Fire-arms, who before that time us'd no Instruments of War, but Bows and Arrows. The first Proof of his invincible Courage, was at the Battle of Wedel a strong, but small Fortification in Sweden, facing the Baltick. Wedel, against Christiern's Army. He was the first that broke their Ranks at the Head of Steno's Horse, and to his visible Courage and Conduct the Victory was owing. Most of the Danes were cut to Pieces, and the remaining few made a disorderly retreat to their Vessel, not thinking themselves secure till their safe arrival in Denmark. After this Success, Gustavus led his victorious Troops to beleaguer Steque, a strong Castle in the Province of Upsal. Steque, where the Archbishop was fortify'd. The Troops commanded by Gustavus, under the King, carry'd their Works to the Foot of the Wall, but the furious Priest defended the Place with the greatest Vigour, contrary to the opinion of the Garrison, who call'd for a Surrender, well knowing if they were taken by Storm, they wou'd be treated as Rebels, and Traitors to their Country. The Archbishop, finding no Persuasions wou'd prevail on the Garrison to defend the Place, desir'd to treat with the Administrator at his Tent, demanding Gustavus shou'd enter the Castle as Hostage, which was comply'd with, but fearing the Administrator wou'd treat him as a Rebel, he left order with some of his Adherents, to hang up Gustavus over the Battlements of the Castle, if they saw he was detain'd as Prisoner: But Steno declaring he wou'd leave his Trial to the Senate, (the Priest imagin'd he had Friends enough to vote him not Guilty) the Castle was surrender'd, and he went on his Journey to Stockholm, with such a proud State and Equipage, as if he had triumph'd over the Enemies of his Country, imagining the dread of Christiern wou'd prevent even his Trial; but he was much deceiv'd, for on his arrival, the Senate proceeded to his Trial with the utmost Vigour, and he was condemn'd to retire from the World, to lead a private Life, first forfeiting all his Dignities. In the Month of May (1518) Christiern prepar'd for another Invasion of Sweden, and in June besieg'd Stockholm, but the Garrison and Inhabitants having an intire hatred for the Danes, resolv'd to defend it to the last Man. Every Foot of Ground the Besiegers gained, cost 'em the Lives of Hundreds. The Administrator, having assembled and disciplin'd his Troops, proceeded with long Marches, to attack the Army of the King of Denmark, who fearing, between the Army and the City, he shou'd be overpower'd, rais'd the Siege precipitantly precipantly , and march'd towards his Ships, but Gustavus with the Swedish Horse, fell like Thunder on their Rear, kill'd the third part of the Besiegers, pressing many into the Sea, who perished there; made above three hundred of their Officers Prisoners, who oppos'd him to give their King time to escape: Yet this fatal Retreat, was not the last of their Misfortunes, the very Winds prov'd their Enemies, blowing full three Months against 'em, which prevented their sailing to Denmark, and their Provisions falling short, they were forc'd thro' Necessity to land in Troops for Subsistance. But their Guardian Angel Gustavus, watching for the good of Sweden, was ever among those that landed, and reliev'd the Wants of many of the Danes, by Death with his Sword, who flew before him like fearful Pigeons from the Hawk. Christiern being drove to the utmost Necessity sought for a Truce, and beg'd for an Interview with the Administrator, on board his Fleet, but the Senate wou'd not agree to it, well knowing the Dissimulation of the King of Denmark, who, indeed intended, if he had prevailed on him to come on Board to have made him Prisoner. Failing in this, he thought of another Stratagem: he imagin'd if he cou'd get Gustavus, and some other young Lords into his Custody, it wou'd prevail upon Steno, to come to any Terms, or if he refus'd, wou'd at least cause Disturbances and Factions among the Friends of these Noblemen, and draw him to his Ends that way. He therefore agreed to meet Steno, and the Senate in Stockholm, upon Condition, Gustavus, and six young Lords that he wou'd name, shou'd remain on Board his Ship as Hostages. Gustavus, and the young Lords that were chose by the Danish King, cheerfully comply'd; when they came to the Shore-side, the Admiral of the Danes, attended by several Officers, landed to salute 'em, while they were in Conference, the Hostages were surrounded with Soldiers disguis'd like Mariners. In the mean time, the King of Denmark descending to his Boat, in order to come on Shore, the Admiral invited Gustavus and the rest on board his Boat, to meet his Master, and salute him. Gustavus, tho' too late, perceiv'd the Treachery against the Law of Nations, yet went with his Companions cheerfully into the Admiral's Boat, well knowing Resistance wou'd be vain. When they came on Board, they were brought before the King, who order'd them to be disarm'd, and sent a Message to Steno, who declar'd in his Master's Name, their Heads shou'd be struck off, unless the Archbishop was restor'd to his former Dignities, &c. Steno, and the Swedes were so incens'd at this Indignity and Treachery that they hurry'd on Board their small Vessels with their Arms, either to recover their Hostages, or die in the Attempt. But Christiern, with the help of fair Wind, that rose that Morning, was sail'd for Denmark, and the generous Swedes were oblig'd to return regretting with Tears the loss of Gustavus and his Companions. The Danish King left no means unattempted to corrupt the Fidelity of Gustavus and his Companions, but in vain. Their Resolution and Constancy had almost cost 'em their Lives, for dreading the Courage and Indignation of Gustavus, if he shou'd be releas'd, gave secret Orders to put him and the other Lords to Death. But the Dane who receiv'd that Order, abhorring so barbarous a Proceeding, or fearing, perhaps, the Law of Retaliation if by the Chance of War he shou'd fall into the Hands of the Swedes, took the liberty to tell his Master, that the Death of those illustrious Captives, wou'd be prejudicial to his Interest, but by detaining 'em Prisoners, he might keep their Relations in awe. These Considerations made so great an Impression on the Tyrant, that he contented himself with their Imprisonment in the Castle of Copenhagen is the Principal City of Denmark, in the Isle of Zeeland, great and well fortified; it is built upon a Plain near the Sea where is form'd a safe large and noble Harbour, commanded by a very strong Castle, over against Schonen (a Province in Sweden) on the Baltick. Copenhagen, where they were so cruelly us'd by his Order, that some of 'em expir'd under their Torments. But Eric Banner one the Lords of Denmark, and a near Relation to Gustavus, who admir'd his Virtues, fearing his Life, won so much upon Christiern (by insinuating he did not doubt but he shou'd work him to his Interest) that he gave him to his Protection, on Condition if he made his Escape, he should pay for his Ransom six thousand Crowns of Gold (in those Times a great Sum.) The noble Banner did not think any Condition too hard to save his illustrious Kinsman. But notwithstanding the generous Treatment from him, Gustavus consider'd he was still a Slave, and cou'd not bear the Thoughts of being absent from the approaching War. Christiern breath'd nothing but Destruction against Sweden, but his Coffers being low, he seiz'd a Million of Florins that the Legate Arumboldi, had gathered from the Sale of Indulgencies in Sweden, and Denmark, with the pretext, that the Legate held Correspondence with his Enemies in Sweden. With this holy Mony, and much more drain'd from his unconsenting Subjects, he levy'd Men at home, and foreign Auxiliaries, with these he once more invaded Sweden with Fire and Sword, and other ungrateful attendances of War, under the conduct of Otho Crumpein, a valiant and experienc'd General. But we shall leave him to his Successes, and follow the illustrious Gustavus Vasa, or, the Deliverer of his Country that gives Title to our Play. Gustavus was terribly alarm'd at the Ruin of his Country, (that had surrender'd to the King of Denmark, thro' the Success of his Arms under the conduct of victorious Otho, with the Death of Steno, (the Administrator, who lost his Life in a Battle with Otho.) His Restraint became insupportable to him: The passionate Love to his dear Country made him forget the affable Kindness of his generous Host, therefore he resolv'd upon his Escape, and in the Month of December (1519) under the pretence of Hunting (as he often did) he went out of the Castle where he was never confin'd, and in the Habit of a Peasant arriv'd in two Days, (thro' Woods and the most secret Byways) at Flensburgh, Flensburgh, a City in Denmark on the Baltick Sea, in the Dukedom of Sleswick, it is a small, but strong City, built on very high Hills, with a safe and large Haven, defended by a strong Castle. at that Place he hir'd himself as a Driver of Oxen, by which Device, he got clear of the Danish Dominions, and arriv'd safe at Lubeck, a great and opulent City of the Lower Saxony, in the Dukedom of Holstein. It is one of the Principal Hans Towns, about three Miles from the Baltick, upon the River Trave. In this City the Peace was concluded between the Emperor, and King of Denmark in the Year (1629). Lubeck. But all his Precaution cou'd not hide him from the searching Eyes of Banner, who found him at Lubeck. But Gustavus by his Eloquence convinc'd Banner that his seeming Ingratitude, was fatal Necessity, dismissed him with Promises of a grateful Memory for his noble Treatment. Gustavus thro' many Difficulties, set his Foot once more on his dear native Country, full of civil Wounds, and with her loss of Liberty almost expiring. He discover'd himself to the Governor of Calmar, a strong City of Sweden upon the Baltick. It is the Port where the Swedes generally take Shipping for Germany. The Citadel is accounted the strongest in all Sweden. It stands overagainst the Isle of Ocland, (an Island in the Baltick belonging to Sweden, the Straits between this Island and Calmar, is call'd Calmar sund.) This City was taken, and all the Garrison, and Inhabitants put to the Sword by Christian the fourth King of Denmark in 1611, all but those who retir'd into the Citadel; but return'd to the Great Gustavus Adolphus by Treaty in (1613). Calmar, a German Garrison that held out for the Swedes, but his usual Eloquence was not heard by those mercenary Men, but they threaten'd to deliver him up to the King of Denmark, if they once admitted him within their Walls. Unprospering here, he was filled with Trouble and Vexation, and being inform'd there were several Parties of the Danes in quest of him, and dread of falling into the Hands of the relentless Christiern, he was oblig'd to conceal himself in a Cart loaded with Straw, and by that means was carry'd thro' the Danish Camp in safety to Sudermania, a City and Castle that gives Name to the Province. Bounded on the North by Westmannia, and Upsal, two Provinces of Sweden, and on the South by the Baltick. It gives the Title of Duke to the Royal Family of Sweden. It is call'd by the Natives Sodermanland. original footnote anchor is missing Sudermania, a Castle belonging to his Father, Eric Vasa. From that Place, he sent Circular Letters to his Friends, intreating 'em to summon their Vassals, and Followers, to have one more Struggle for their Lives, and (what was more precious to him,) their Liberties. But was discourag'd in the Attempt even by his own Relations. This giving up their Liberty, fill'd his Mind with Disdain, Contempt, and Rage, therefore he apply'd himself to the hardy Peasants, but he found with unconsolable Regret, that even these that were so tenacious of their Liberty, gave over all thoughts on that Subject. He then form'd a Resolution at all Hazards, to get within the Walls of Stockholm, whose Garrison held out that City for the Widow of their diseas'd Administrator the brave Steno. He travell'd mostly by Night, but the Danes having notice of his Journey, pursu'd him so close, that they came to the Place he had left an Hour before: Finding his Designs impracticable, he return'd by another Road, and took Shelter in a Convent of Carthusians, founded by his Ancestors; but the lazy Monks, fat'ning in Ease and Plenty, turn'd him out He then took Sanctuary with a Peasant formerly his Father's Servant. From thence, he once more by Letters to several of the Nobility, endeavour'd to rouze their sleeping Courage, and wake in their Souls the love of Liberty, but the Terror of the Danes kept 'em in awe. What had the Heroick Gustavus to do now, but patently to wait in Obscurity some happy Revolution. The Danish King enter'd Sweden in the Spring (1525) confirm'd the Treaty of Upsal, and by Bribery prevail'd on the Governor of Calmar to surrender that important Place. Also sent to Steno's illustrious Widow, then residing at Stockholm, to surrender that City, but she return'd him his Heroic Answer, That she wou'd sooner suffer Death than surrender to the Enemy of her Country. This Answer fix'd Christiern's Resolution of beleaguering that City. But the Garrison animated by her Presence, made a noble Defence: Yet Necessity began to appear with all its frightful Appendages, and that great Princess was at last oblig'd to accept of the Terms, tho' not altogether disadvantageous to her. King Christiern, about this time surrender'd his Heart to the Charms of a Woman neither young nor handsome, but had so much cunning and wit to manage him, that she might be well call'd his chief Minister of State, disposing of Places and Offices as she pleas'd, to the Scandal of the King, and hurt of his Subjects; and by the Advice of her, and the Archbishop of Upsal, was brought on that horrid Massacre of the Bishops, the Senators, and most of the Nobility: But we will forget such an human Barbarity, and go in pursuit of our Illustrious Hero Gustavus. Gustavus from his Secret Retreat, look'd round to seek for what he wish'd, and being inform'd of the Massacre, had hopes the Subject wou'd not long bear with such an inhuman Monster. Christiern had proscrib'd him, with a large Reward, therefore he did not think himself safe surrounded by Danes; besides the Loss of most of those Friends by the Massacre of the barbarous King of Denmark, his Father being one, gave him inexpressible Sorrow. Therefore he resolv'd to retire to the almost inaccessible Mountains of Dalecarlia, a great Province in the Kingdom of Sweden near the Mountains of Savona, and Norway, which bound it on the West, on the North, Helsinga; Gestricia on the East, and Verlemandia on the South, a large Country, but it has not either a good City or Town, only Villages or Hamlets. This Province takes its Name from the River that runs through the Country, and is call'd Dalecarle, which is one of the largest Streams in the whole Kingdom of Sweden. This Province being so far from the Capital of Sweden, was governed by the Head of the Peasants, whose Habitations were chiefly on the Banks of the River Dalecarle, or the Skirts of their large Forests, Lakes, or other Streams that empty'd themselves into the River Dalecarle. The Elders of each Village were Captains, or Judges &c.. Dalecarlia. Thus shrouded Excellence in the Disguise of a Peasant, pursu'd his uncomfortable Journey to these dreary Dwellings, attended only with a Guide that knew the Course of the Country, where meeting with many Difficulties, he arriv'd safe at that part of those Mountains, call'd by the Inhabitants Daalfield, a simple Village in Dalecarlia, bordering on the Copper Mines. From this Place, our Author of the Play begins his Scene. The Inhabitants of these Mines, and Mountains, set so high a Value on their Liberty, that no King, or Substitute, ever enter'd their Country without giving Pledges to the People to maintain their Rights and Privileges; even the Tribute they paid in Token of Allegiance, was a small Number of Furs. He was no sooner enter'd this mountainous Country, but his treacherous Guide forsook him and at the same time robbed him of what little Money he had. This brought our Hero to such Distress, that Necessity obliged him to enter as a Servant in the Copper Mines, where he earn'd his Subsistence by the Sweat of his Brows. But notwithstanding his Care to conceal himself, he was found out by a Woman of the Village where he lodg'd, by observing a silk Robe embroidered with Gold, in his Apartment where he lay. Women can't keep Secrets, therefore this News came to the Chief of the Village: This Chief had been with Gustavus in his Youth, at the University of Upsal, therefore as soon as he saw him, he knew him for Gustavus. He offer'd him the Accommodation of his House, which our Hero accepted of, in the Hope he had of prevailing with him to assert his Country's Cause. This Chief's Discourse often tended that Way, but when Gustavus declared himself, he was sunk into base Fears and Tremblings. The Illustrious Wanderer, finding his Expectations frustrated, left the timorous Chief, and journeying alone thro' the pathless Woods, arriv'd at the Residence of Peterson, a Gentleman he was acquainted with in the Army. This brave Spirit in appearance soon was rouz'd by the Eloquence of his noble Guest, but his base Intention was to make his Court to the King of Denmark, by betraying the Laws of Hospitality in surrendring his Illustrious Guest. He gave notice to one of the Danish Officers, who surrounded the House, but Gustavus, the Night before (by the means of the Traitor's Wife, inspir'd with Pity) made his Escape, where by her Directions, he arriv'd at a Curate's House, who was a sincere Lover of his Country, he conceal'd Gustavus in his Church unknown to any one Person, for fear of a Discovery. This generous Curate, advis'd him once more to apply to the Peasants, at their Christmas Meeting, where the neighbouring Villagers assembled to examine their martial Power. He met the Peasants on the Day appointed (dress'd according to his Quality) who had Notice of his Visit. When he appear'd, his noble Air, and usual Eloquence penetrated the Hearts of these valiant Rusticks in his Behalf, who resolv'd to revenge the Death of their Nobles and Senate. Our Hero took 'em while their Souls were warm, and led them by secret Paths in the Night to the Castle of the Province which they took by Scalade, and in their first Fury, put the Garrison to the Sword, all but the Governor, whom Gustavus saved with much Difficulty. The Sucess of this Enterprize gave the Dalecarlians great Opinion of their Leader, and in a few Days most of the Peasants of the Province listed under his Banner. Several Swedish Gentlemen of Note, who were outlaw'd by Christiern, repair'd to him as a Sanctuary, and serv'd as Officers under him, to Discipline his rude Troops. The Provinces of Helsingland, a Province of Sweden, between Dalecarle to the West, and Baltick to the East. Helsingland, Medelpadia, another Province of Sweden, it is bounded by Helsingland on the South, Jempsland to the North, the Baltick Sea on the East, and Dalecarle on the West. Medelpadia, Angermania another Province in Sweden, between Medelpadia and Helsingland. Angermania, Gestricia, by the Inhabitants called Gestrick, near the Bothner Sea to the East, the North by Helsingland, Dalecarlia on the West, and Uplandia on the South, famous for little but its Iron Mines. Gestricia, and Bothnia, another Swedish Province, on the Borders of Lapland. It gives Name to the Bothnian Sea. Bothnia revolted from the Danes and hail'd Gustavus as their Lord. The News of this Revolt surpriz'd the Viceroy of Sweden, who was ill prepar'd for the Field. He acquainted the King of Denmark with this disagreeable News, and in the mean time summon'd his Army, to oppose this unlook'd for Torrent. Christiern the King of Denmark, began to be more tyrannous, if possible, than ever, exercising his Cruelty upon his own Subjects, and not being able to send Succours over to Sweden, he writ to his Viceroy to bring the Rebels as he call'd them to Reason. Threatning Gustavus at the same time, the Blood of his Mother and Sisters should be shed with the most exquisite Torments, if he did not abandon the Interest of Sweden. But Gustavus, despising his Threats, march'd on with his victorious Army, now increas'd to fifteen thousand Men, all resolv'd from the Ardour of their General to conquer, or die. The Viceroy advanc'd to the River Brunebec to oppose the Passage of Gustavus, but as soon as the Avenger of his Country appear'd on the other Side at the Head of his Horse, he abandon'd his Post, and took to a shameful Flight, leaving Part of his Army to garrison Westeras, the Capital City of the Province Westmania; this Province has Upland to the East, Gestricia to the North, Sudermania to the South, and Nericia to the West. Westeras, but did not think himself safe till begirt with the Walls of Stockholm. Gustavus lost no Time, but pass'd the River and march'd to the Siege of Westeras. He intrench'd himself near the Chapel of Stolaus with three thousand Foot only (having sent his Horse, and the remaining Part of his Foot, in order to execute a Stratagem) with all the Care and Diligence of a General that fears being attack'd, which the Danes perceiving, and observing the Smallness of their Number, sally'd and charg'd him with their Horse. Gustavus pretending to fly, he drew the pursuing Danes, into the Trap that was set for 'em. In short, the Danes were routed, and the City taken, by the Conduct, and Valour of the invincible Gustavus. But all had like to have been lost, by the Drunkenness of the Dalecarlians, who in plundering the City, found large quantities of Wine and Brandy, their beloved Liquors, that they were almost all bury'd in Drunkenness. The Captain of the Citadel perceiving their Disorder, sally'd upon 'em, putting great Numbers to the Sword, and the City wou'd have been certainly retaken, had not the valorous Gustavus, with a few Officers barricaded a Street, while the drunken Soldiers were forced from the Cellars to oppose the Enemy, that fought boldly to regain the City. The taking of Westeras seem'd to open the Gate to let in a total Revolution. Seventy Swedish Officers at one time came over to Gustavus, several Noblemen, among these was Aruide, a powerful Lord of footnote anchor (17) here, but the footnote itself is missing Westgothland. In short, the Eyes of all Sweden seem'd to look upon Gustavus as their Deliverer. When he had block'd up the Citadel of Westeras, that the Garrison might not receive any Succours, he divided his Forces in three Bands, and sent 'em on several Expeditions, and by this means harrass'd the Danish Troops, who were oblig'd in the same manner to divide also. Gustavus being inform'd, there was an Assembly of new Troops ready for his Command at Upsal, he immediately appear'd to head 'em. From that City, he sent an Envoy to the Consul of Lubeck, (who favour'd his Escape to Sweden) wherein his Letters gave a full account of his Success. These Mercantile Men were so wavering, that Gustavus's Envoy cou'd not fix 'em in any Point. But his Success with Stephen de Sassi, an old experienc'd German Colonel, a brave Soldier of Fortune, (who, for a Sum of Money down, and a promise of another certain, to land in Sweden with 1200 hardy Veterans the next August 1520) answer'd for the other failing Negotiation. Trolio the artful Bishop was the most formidable Enemy Gustavus had, thro' his numerous Relations, and Adherents in Posts and Power by his means. Therefore Gustavus sent two Religious of his Party to persuade him (if possible) with large Promises to join in his Interest. But the haughty Priest contemn'd all Offers, and sent the two Canons in order to suffer Death at Stockholm, but by their Art, and giving an account of the Affairs of Gustavus they escap'd. Trolio being inform'd by the two Priests that the Dalecarlians had left Gustavus to gather in their Harvest, and that he had but a hundred Horse, and six hundred Foot to defend Upsal, he resolv'd to attack him in that City, and march'd with such Secrecy, that he was within two Hours march before he had any notice of his Expedition; (Upsal being an unfortify'd City, and most of its Inhabitants being in Trolio's Interest, as being their Lord) he thought it Madness to defend the Place, therefore he march'd with his Horse at the Rear of his Foot, to the Forest of Nostan. But the Archbishop entering the City immediately after him, and being advis'd of his hasty retreat, pursued him with all his Army. The sight of Trolio's numbers frighten'd Gustavus's small Force, who instantly abandon'd their General. In the Fight, the 'Squire of Gustavus mounted on an unruly Horse run against him, and push'd his Master into the Water. But this Accident rais'd the Courage of our Hero, who with a small Number of his Guards, that wou'd never forsake him, sustain'd the Fight 'till his other Forces had gain'd the Shelter of the Forest, then maugre the Resistance of the Foe, he cut himself a Passage thro' 'em with the loss of ten of his Guards only, and safely came up with his little Army. This Success over our great Gustavus, elevated the Archbishop in such a manner, as if he had gain'd an intire Victory over all his Enemies. But this Danger only serv'd to animate Gustavus to a greater height, if possible, therefore he breath'd nothing but Revenge! and in order to it, he gather'd all the Force he cou'd assisted by Colonel de Sassi, with his 1200 Germans, just then arriv'd, however he conceal'd his Numbers, and intrench'd himself, as if he had no other Forces, than what he made his hasty Retreat out of Upsal with, which the Archbishop thought beneath his notice, and march'd onward in a Triumphal manner towards Stockholm. Gustavus, foreseeing this, appointed Aruide to conceal himself in a bordering Wood on the Road, with some part of his Army, which unexpectedly fell furiously on the Archbishop, and destroy'd his Troops with great Slaughter. The haughty Priest to save his Men, thought to regain the City he had left, but the vigilant Gustavus intercepted his march, at the head of the Dalecarlians assisted by the Germans, and rushing like a Torrent from a steep Hill, bore down the sinking Danes before him, so that the Archbishop who had boasted to bring Gustavus to Stockholm, Dead, or a Prisoner, was compell'd to return without him leaving behind five Parts of his Army dead, and wounded. Gustavus immediately follow'd him, and set down before Stockholm, which so surpriz'd the Vice-roy and Archbishop, that they (not depending much upon the Fidelity of the Citizens) retir'd to Denmark, where informing Christiern of the State of Sweden, that fell Tyrant, in revenge, sacrific'd the Lives of the Mother and Sister of Gustavus. This News stab'd the Heart of the brave Gustavus, and allay'd the Joy he felt for the Conquest of the best part of Sweden. In November 1520, a Convention of the States met to think of some Form of Government, wherein Gustavus was unanimously chose Administrator. This Hero having a Sanction for his Proceedings, was resolv'd to extend his Conquests, and not leave a single Dane in his Kingdom, and in order to pay his Troops, he (his Finances being in a low Condition) mortgag'd his whole private Patrimony. Stockholm still continu'd in the Hands of the Danes, and as Norbi the Danish Admiral commanded the Sea, he fear'd it wou'd prove a difficult Undertaking, for want of Ships to oppose him. Gustavus therefore sent once more his Secretary to Lubeck to solicite that Republick for a naval Force, who return'd with seventeen Ships of War, and four thousand Land Soldiers. This Fleet arriv'd on Whitsun-Eve in Sweden, and landed their Marines, the which Gustavus order'd to reinforce his Army before Stockholm. Fleming that commanded the Squadron, cruiz'd before the Harbour to prevent any Succour from entring the Town. Where he receiv'd Information that the Danish Fleet was within Ken; he order'd his to shrowd themselves behind the Cape that forms the Harbour. Two of the smallest Frigates were sent by the Danes to explore the Coasts (tho' they had heard nothing of the Lubeck Squadron) as soon as the first Frigate had doubled the Cape, she was taken; Fleming mann'd her with Swedes, and sail'd back to meet the other where the Danish Admiral was, who seeing the first return, came in a Boat to meet her to know the reason of her coming back, but soon shar'd the same Fate. When this was done, Fleming attack'd the whole Squadron, and conquer'd all but one desperate Captain, who fought like a Fury, and chose rather to blow up his Ship than fall into the hands of the Swedes. Norbi was so exasperated at this Misfortune, that he invaded Sweden with all the Danish naval Force. He found their Fleet in the Harbour of Stockholm, and came to a Battle that lasted several Hours, but seeing the appearance of an approaching Storm, steered out of the Harbour, to a little Island to prevent the Effects of it, this Bay was safe, but near the Shore. In the first part of the Night there came so hard a Frost, that his Ships were frozen. The ever vigilant Gustavus, upon that Knowledge, advanc'd secretly in the Night, and attack'd the Enemy with his Land Forces, set fire to, and destroy'd several Vessels of the Enemy, and might have ruin'd 'em all, but for the Inactiveness of the Lubeckers. The next Day the Sun having melted the Ice, Norbi retir'd with the remainder of his Squadron to the Port of Calmar. In the mean time the Tyrant Christiern was depos'd by his grieving Subjects in favour of the Duke of Holstein, which when Norbi understood, he gave up all Thoughts of relieving Stockholm, and retired with his Fleet to Gothland. Gustavus conven'd the Estates of the Kingdom, where they with universal Acclamations chose him King (tho' he for the present refus'd to be crown'd for many politick Reasons) calling him The Deliverer of his Country, congratulating their own Happiness in so puissant a Monarch. After this he march'd with all his Forces, attended by the Deputies of the Kingdom, to besiege Stockholm, now reduced to the utmost Necessity, but his Successes had so terrified them, that they surrendred at Discretion. King Gustavus entred in Triumph, pompously dress'd for the Occasion. His Mien, his Youth, his Lenity, and noble Deportment, gain'd him the Love and Admiration of all that beheld him. Archbishop Trolio heard the Advancement of Gustavus with a rancorous Heart, and tamper'd so artfully with the new King of Denmark, that he persuaded him to send an Ambassador to claim his Right to the Swedish Crown, but the Indignation of the Swedes return'd him to his Master, with a Proclamation that declar'd Trolio a Traitor and a Rebel, and out of the unbounded Love to their illustrious Monarch invested him with an absolute Power of Regal Sway. Gustavus in Return sent an Envoy to Frederick, to demand Steno's Widow, and several Ladies that had been confin'd in Denmark ever since the Massacre at Stockholm: And the Danish King understanding the Strength, Unanimity, and the Power of Sweden, thought fit to wave his Pretensions to that Crown, and enter into an offensive and defensive Treaty against Christiern who was soliciting Powers in Germany to regain both Kingdoms: He therefore sent Gustavus, Steno's Widow and the Ladies, with an honourable Convoy to Sweden. When they arrived, the King and all his Court, honourably received them, and conducted them to the City. Norbi the Danish Admiral frequently infested the Swedish Coast, giving the Names of Usurpers and Traitors to Gustavus and Frederick King of Denmark. He took many Prizes, but chiefly the Traders of Lubeck, their frequent Losses so terrify'd that Trading Republick, that they sent an Envoy to Gustavus for Assistance to root out that Pyrate. The Prince was hardly prevail'd upon to undertake this Expedition, however by the Perswasions of his Subjects, he overrun that Island and set down before the Capital with ten thousand Men. But Norbi hoisted the Danish Standard, went over to Frederick, and dealt so politickly with him and the Lubeckers, that Frederick sent a Fleet which enter'd the Port of Wisby the Capital of Gothland, without any Opposition from the Fleet of Sweden. The two Kings met and held a Conference relating to each others Right to Gothland, but it was not determin'd; yet they parted in seeming good Friends. When Gustavus return'd to Sweden, his Subjects pressed him to hasten his Coronation, but his Reasons concerning the Change of Religion were not ripe enough for that Ceremony. The Doctrine of Luther took footing in Sweden, abetted secretly by the King, but it was a nice and dangerous Affair, and tho' his Hand was open ready for the Grasp of the overgrown Revenues of the Bishops to support the Crown, yet he durst not at that Juncture seize, but he effected it at last, seiz'd the Church Plate and Utensils, their Bells and Crosses. This alarm'd the Clergy, who are too often tenacious of their Privileges, who took a Resolution to stir up the Peasants at their yearly Meeting at Upsal, to demand their Restoration, and his abolishing the new Edict of the Tythes. But Gustavus having Spies every where, came upon them at the Head of a Body of Horse, to their no little Surprize at his sudden Appearance: There was such an Air of Grandeur and Authority, with the Force of Eloquence in all his Actions, that aw'd the boldest of these Malecontents, and soon brought them on their Knees to sue for Pardon Patdon . This Business was no sooner ended, but another rose of a worse Consequence. A Groom, whose Name was Hans, a bold and daring Fellow, of a quick Wit and Parts, set himself up for the Son of Steno their late Administrator (tho' that young Prince had been dead a Year before.) He took that Prince's Name (Hils Steno) upon Him: He had by his Arts, and Support of some discontented great Men, rais'd a powerful Faction in the Provinces distant from the Court. Gustavus being advised of this Design, thro' Shame of so unworthy a Competitor, seem'd to despise it; however he caused Letters to be wrote by Steno's Widow to the Dalecarlians, wherein she declared her Son had been dead above a Year. This Letter had the desired Effect, for his tumultuous Adherents soon left him, and he made his speedy Flight to Norway, where he was entertained by the Archbishop of Drontheim is the capital City of the Kingdom of Norway: it is seated on the Western Shores of that Dominion. In Latin called Nidrosia, from the River Nider, on which it is built. It is a very rich City, with as safe a Harbour as any in the North, commanded by a very strong Castle but no other Fortification. The Government of this City reaches from North to South a hundred and forty Leagues, and thirty five, from East to West. Drontheim as Prince of Sweden, where he levy'd Forces, and was so artful as to pass upon them for the Prince he represented. Gustavus, to oppose him, sent a Body of Horse, which once more forced him to abandon his Party, and fly to Rostoc, a City in the Lower Saxony, on the Baltick, built on the River Warne. It is a Hans Town, but under the Protection of the Duke of Mecklenburgh. Rostoc a City in Mecklenburgh, or Meckleburgh, a large City and Province in Germany, of the Lower Saxony. In the Times of the Vandals this City was accounted the largest in Europe. Mecklenburgh, where the Chiefs of that Place had his Head struck off. The King very well knew the Clergy were deep in this Rebellion, therefore he set about gaining them to his Interest, which afterwards he effected by banishing the German Clergy and all Foreign Priests out of his Dominions, supplying their Places with his own Friends. Gustavus, seeing that most of his Subjects had changed their Religion, declar'd himself a Lutheran, and immediately upon that Declaration he proceeded to his Coronation, which was performed with the greatest Solemnity at Upsal, by the new Archbishop Laurentius Petri: At the same time he conferr'd the Honour of Knighthood on the chief Lords and Senators of Sweden. Now Gustavus, after the Fatigues of War, made room for the softer Passion of Love. He cast his Eyes on the Beauties of the Daughter of the Duke of Saxe Lawenburgh, one of the Provinces of Lower Saxony. Saxe Lawenburgh, who esteemed it an Honour to be ally'd to so illustrious an Hero. This Princess was sent by her Father, with a noble Retinue, to Stockholm, where the King met her, and the Marriage was consummated with the utmost Magnificence. He had hardly tasted his Happiness, ere he receiv'd Intelligence, that the banish'd King Christiern was sailing towards Norway with thirty Vessels, and an Army of ten thousand Soldiers he had gather'd up in the Provinces Germany, &c. But his Fleet was scatter'd by a Storm: However he made a shift to land on the Coast of Norway: His Pretence was Religion, which he knew wou'd bring the discontented Clergy to own his Cause. Frederick King of the Danes was as much interested in Christiern's Descent, as Gustavus, therefore that Monarch sent out a Squadron of Ships of War early in the Spring, that met with Christiern's Fleet in the Bay of Bahuys, (Bahusium) is an Island in the Baltick Sea, bounded on the East by Gothland. It is it a fruitful Island, near a hundred Miles long, and thirty broad. Bahuys, where (after an obstinate Fight that continu'd a whole Day) the Ships of Christiern were most of 'em destroy'd. This unfortunate King made another Attempt to enter Sweden by the way of Gothland, but was opposed by a Party of three thousand Swedish Horse, which compel'd him to throw himself in the little Town of Congel in West Gothland, for his better Security, where he was so strictly besieg'd, that Famine cou'd not be ranked among the least of his Enemies, most of his Officers and Soldiers fled to the Swedes, choosing rather to be Prisoners than starve. The Bishop of Odense, a City of Denmark, the Capital of the Island Fionia, between Jutland to the West, and Zeeland to the East, separated from 'em both, by two narrow Channels. The City of Odense is strong, and well built. It is a pleasant and fruitful Island, considering the Climate. Odense, seeing to what Misery this unhappy Monarch was reduc'd, felt pity for his Condition, therefore persuaded him to submit his Person to Frederick, assuring him at the same time, he wou'd answer for the Success. Christiern having no other Hope took the Bishop's Advice, and accompany'd with the cunning Trolio, and a few of his Attendance, he arriv'd at Copenhagen, where the King of Denmark had him seiz'd, and imprison'd in the Castle of Soneburgh, the Capital of the Island of Oesel, in the Mouth of the Bay of Livonia. The Island is about eighty Miles in Circuit. Soneburgh. In that Place he was confin'd till he had sign'd a formal Resignation of the Crowns of Sweden, Denmark, and Norway. When that was done, his Bounds were enlarged, having the Liberty granted him of Fishing, Hunting, &c. and was treated like a Prince (tho' narrowly watch'd) till his Death. Archbishop Trolio retir'd to Lubeck, where he form'd a Leage with that Regency, and Prince Christopher of Oldenburgh, to raise Troops in order to release King Christiern from his Confinement, and struggle once more for the Crown of Denmark. But he that so often had stain'd his white Robes with Blood, was wounded in the Battle of Funon, taken Prisoner, and died of his Wounds at Sleswick, a City of Denmark, in the Province of Holstein, seated on the River Sleïe (from whence it takes its Name) that disembogues its Streams into the Baltick, near that City. Sleswick in Holstein. The Great Gustavus, being thus happily rid of his Enemies, and his Dominions in a profound Peace, apply'd himself wholly to the Improvement of Trade. He built Citadels and Royal Palaces in many Parts of the Kingdom, with a Magnificence unknown before to the Swedes. He never resided long in one Place, but progress'd from Province to Province, attended by most of his Court, which accustomed his Subjects to his Sight and Authority. This great King, Hero and Statesman in one, gave Audience to all Sorts of Persons; he decided all Causes and Controversies, with a Judgment peculiar to himself, and as War was carried on without the Assistance of Generals, so he rul'd absolute in a profound Peace many Years. He reign'd alone, without either Favourites or Mistresses, or ever raising the Undeserving; He liv'd belov'd by his Subjects and fear'd by his Enemies. Our renowned Hero had four Sons, Eric the eldest, whom he had Hopes of matching to Elizabeth Queen of England whose Alliance he much wish'd for. He therefore, in order to bring this Affair about, sent an Ambassador to that Virgin Queen, to propose a Confederacy between the two Nations. The Queen of England was courted by most of the Princes of Europe, but she had the Art to manage her Lovers as she pleased, amusing them with Hope, in their several Turns, according to the State of her Affairs. This Ambassador was Tutor to Prince Eric; when he arriv'd at the Court of Queen Elizabeth, he was receiv'd with all the Marks of Kindness and Respect. The Proposals he made in the Name of his Master, in Relation to Commerce and Confederacy, were favourably heard, and when he mention'd a stricter Alliance between that Queen and Prince Eric, he had no reason to complain on that Subject. He therefore return'd to Sweden, where he inform'd Gustavus, that there was nothing wanting but the Presence of Prince Eric, to compleat the Alliance between the two Crowns. Prince Eric was endowed with many Qualities that were sufficient to recommend him to those whose Judgment lies in the Sense of seeing only, for Nature had been liberal in bestowing Favours on him. The Symmetry of his Body was exact; In short, to say no more, he was the very Copy of his Father, with the same Air of Grandeur, Majestick Presence and Authority that drew Respect from all that saw him: But the Lustre of these outward Qualifications were darkened by some inward Passions of the Mind that ill became the Heart of a Prince Gustavus knowing knowiug all his Failings, wou'd not be persuaded to let his Son visit the young Queen of England, nay, he had some Thoughts of settling the Crown of Sweden on his Second Son, a Prince endow'd with all the Virtues of his great Father. But that wise Monarch considering such a Preference might kindle a Civil War both in his Family and Kingdom, resolv'd to regulate the Succession, according to the Order of Birthright, and in the mean time to satisfie Prince Eric (whom his Tutor had inspir'd with a violent Passion for the Queen of England), he consented that Prince John, his second Son, shou'd go to the Court of Queen Elizabeth, under the Pretence of Travel, and try to fix her in Favour of his elder Brother. The Queen receiv'd him with the most obliging Expressions of Kindness, yet so dexterously avoided his Proposals of Marriage with Prince Eric his Brother, that Prince John was out of all Hope. Prince Eric thought his Presence wou'd do the Business effectually, sollicited the Senate to gain Leave from his Father to go in Person to negotiate the Affair of Marriage: Gustavus knowing the violence of his Temper, was persuaded at last to let him go, with a Retinue suitable to his Quality and Occasion; for that wise Prince foresaw if he did not give his Son Leave, that he wou'd either go without his Consent, or raise some Commotion in the State. However before he wou'd let him depart for England, he sign'd his Last Will, and divided his Kingdoms among the Princes his Sons; to the eldest Prince Eric he left his Crown; to Prince John his second Son, the Dukedom of Finland; to Prince Magnus his third, East Gothland; to Prince Charles the youngest, Sudermania; under the Titles of Principalities, and all to swear Fealty, and pay Homage to the Crown of Sweden. Prince Eric was highly offended at this Distribution of his Father's, and had Thoughts of taking up Arms to have this Will disannull'd, but was restrain'd from it, when he consider'd Gustavus was King of his Children as well as his Subjects. He therefore stifled his Resentments for the present, but made a Resolution to do it himself, whene'er the Supreme Power shou'd fall into his Hands: But now his Imaginations were all employ'd upon his Love, and his Time taken in preparing for his Voyage; he came to the Port of Elsingbourgh, a good Port in Denmark over against Zeeland. Elsingbourgh, where he was stop'd with the News of his illustrious Father's Death, from whence he return'd to take Possession of the Crown of Sweden. This Heroick Prince, in the 70th Year of his Age was seized with an inward Fever, that quickly gave him notice of approaching Death. He dismiss'd his Court, and even his Physicians that seem'd to flatter him with Life, and gave up his Breath in the arms of his most faithful Servants, September the 29th, 1560. His Body was interr'd at Upsal, and embalm'd with the Tears of all his Subjects; and his Memory is still dear to them. This Illustrious Hero enter'd the Realms of Death adorn'd with such shining Honours that will eclipse those ancient Heroes Alexander and Cæsar. I don't know any Author (in my Opinion) has made a better use of the Poetica Licentia, than the Author of the Play of Gustavus Vasa; and I think it must give all Lovers of the Drama an infinite Satisfaction to find his first Essay arrive at Perfection. And I do not in the least doubt, but his Success will be answerable to the Greatness of his Merit. For the Judicious Part of an Audience take as much pleasure in supporting a deserving Piece, as they do in exploding one that has no Merit at all.

Miscellaneous

THE HISTORY OF THE Life and Actions OF GUSTAVUS VASA, Deliverer of his Country.

The history of the life and actions of Gustavus Vasa, deliverer of his country

PolA1646

THe end of this Conference is to advise what is fit to be done for the Peace and Security of the Kingdomes in relation to the King, and how to dispose of his Majesties Person, which is a matter very ticklish, and of most high concernment; and they who would build very high, must dig very low for a firm foundation: And therefore I shall make bold to desire, That what ever we resolve upon concerning the Kings Majesty, it may be done by joynt advice and consent of both Kingdomes, and that the Unity between the Kingdomes may be inviolably preserved, as that wherein (next to Gods protection) the chiefe strength of both lies, which would be laid as a ground of our future debates. And because the purpose we are to speak of is very grave and serious, I shall speak of it with that sincerity, as I wish my words were written with the beams of the Sun, and registred to posterity, that all the world might see the candor and integrity of our proceedings towards the King and our Brethren of England. And (as I had occasion once to express in this place) so do I now say, That no man hath conscience nor honour who will not remember our solemn League and Covenant, as the strongest bond under heaven between God and man, between man and man, and between Nation and Nation, in which our Unity is founded upon Verity in a threefold relation; to God, to the King, and amongst our selves. The first is the greatest, and ascends as high as heaven: for Religion, which hath its name à religando, unites us to God himself; and so long as he is in League with us, we need not feare who be against us. Let us therefore hold fast our Unity in Religion, and beware of Toleration of all Religions, which is the ready way to have none; for there is nothing more divine in God then Unity, and nothing more diabolicall in the Devill then Division, who therefore is known to the vulgar by his cloven foot to be the spirit of Division. The next ground and relation of our Unity, is with the King, to whom we are bound (in the stricted bonds of loyall Subjection) by our Allegeance and Covenant, as to one Head and Monarch: and therefore the faithfull endeavours of both Kingdoms should (without wearying) be constantly contributed, That we may be united to him by a happy and just Peace: For if one of the Kingdomes shall cast off the King, and the other have a King; if the one shall make Peace with the King, and the other not make Peace, but be still at variance with him, it is to be feared, that no humane wit nor policie will be able to keep the two Kingdoms long without a rupture: And if it please God so to incline the Kings heart, and direct the wisdome of the Parliaments, as that the King and we could make a happy agreement, no power nor policie can be able to divide us; for Qui conveniunt uni tertio, conveniunt inter se. The third ground and relation of our Unity, is the conjunction of the two Kingdomes, which hath been acknowledged to be so necessary and usefull to both, That they have often declared, they would stand and fall, and (like Hippocrates twins) live and dye together. And therefore, as we regard our solem Covenant with God Almighty, and tender the standing and safety of the Kingdomes, let us (with one heart and mind) joyn our counsels and actions, That whatsoever we resolve upon for our common Peace and Security in relation to the King, and of each Kingdome to other, that it be done in zeale to Religion, in loyalty to the King, and with unanimity amongst our selves. And, as the Pythagoreans did note the number of Two with the mark of infamy, as being the first number that durst part from Unity; so, which soever of the Kingdomes shall first violate the Unity which is bound up in our Covenant, may apply it to themselves: note But if we shall adhere to that Unity which is builded upon the firm foundation of Verity, in our relations to Religion, the King, and amongst our selves, it will be a three-fold cord which is not easily broken; and our Unity, I hope, shall be turned into an identity both Kingdomes may be perfectly one. Having thus in the first place laid a ground for Unity of Counsels and Resolutions, I shall in the next place humbly desire and protest, That whatever may be our Propositions or Debates concerning the King, it be not mis-construed, as if one of the Kingdomes were imposing conditions upon the other, or that we are absolutely wedded to any one desire more then to another; but that (all severall waies being amicably debated and rightly pondered,) That which may serve most for the safety, security and happinesse of the King and both Kingdomes, may be gravely resolved upon. And now I come to the Question it selfe, concerning the disposing of His Majesties Person; first Negatively, and then Positively. Negatively, the Question is not of the power and authority of the Houses of Parliament in disposing of any person, or judging of any case which is of single concernment to England: Nor is the Question how the Kings Person may be disposed of de facto by any one of the Kingdomes; neither is the Question properly de jure & posse, but de esse, & bene esse: And, as it is neither good Logick nor good Divinity to argue à posse ad esse; so sure I am, in this case it is far worse policie for either Kingdome to dispute what they may do in the height of their power, when both are consulting what is fittest to be done for the Peace and Security of both. And the relation of both Kingdomes to his Majesty, and of each Kingdome to other being rightly considered, as he is King to both, as both are Subjects to him, as both are ingaged in the same Cause, and have been in the same War, and are labouring under the same Danger, are seeking the same Remedies, and should have the same Security; We do hold, that the disposing of the Kings Person doth not properly belong to any one of the Kingdomes, but joyntly to both. And after Scotland hath suffered the heat of the day and winters cold, have forsaken their owne peace for love of their Brethren, have set their own house on fire to quench theirs: After so much expense of their bloud in all the three Kingdomes, after we have gone along with you in all the hardship of this War, and (without vanity be it spoken) have been so usefull in this Cause: And that the King hath cast himself into the hands of the Scottish Army, and that by the blessing of God upon the joynt endeavours of both Kingdoms we are come to the harbour of a peace; We cannot expect that the honourable Houses wil think it agreeable with conscience or honour, or with the justice of the Houses, that the Person of the King should be disposed of by them as they shall think fit, or by any one of the Kingdoms alone; but that what ever shall be resolved in this may be done by joynt advice of both, as may serve most for the peace, security, and happinesse of both Kingdoms. AT our last meeting in this Conference, your Lordships did assert the Vote of the Houses, That the Person of the King should be disposed on as the two Houses shall think fit; And we did hold, that the King, who is the Head and Monarch of both Kingdoms, ought not to be disposed of by any one of the Kingdoms, but by joynt advice of both, as might serve most for the peace, happinesse, and security of his Majesty and both Kingdoms, which we fortified with severall arguments from the interests and relations which both Kingdoms have equally to the King, and from the Covenant and Treaty between the Kingdoms, as the best way to preserve our Unity. But since your Lordships doe adhere to the Vote of the Houses, as that which you cannot part from, We do humbly desire, that your Lordships may be pleased (in time convenient, at the close of this Conference) to report the difference of our judgment to the honourable Houses, who upon better reasons both may, and (we hope) will take their Vote into further consideration: And so each reservation of our judgement, that the disposing of his Majesties Person doth belong to both; and not to any one of the Kingdoms, especially in such a juncture of affaires, as both Kingdoms stand engaged in this cause; I shall descend particularly how the Kings Person should be disposed of to the best advantage of both Kingdomes, and for attaining such a happy peace as all good men should desire. But lest we should walk in the dark upon obscurity of ambiguous words, I shall desire that the word of disposing of the Kings Person may be rightly understood, and the true sense of it may be cleerly known: For Dolus versatur in universalibus. For To dispose of the Kings Person, as both Houses, or both Kingdomes shall think fit , . may in some sense be to depose, or worse: But because the word [Dispose] may admit a more benigne interpretation, as when men commit their estates and children, or that which is dearest to them to be disposed of, (which is but to be advised) by these who have nearest relation to them, and in whom they repose most trust: I shall speak of the disposing of his Majesties Royall person in that sense, (which I hope) is also the sense of the Houses. Nor doe I know any other way how his Majesties Person can be disposed of, but that he be put either under restraint, or be at freedome with honour and safety. As for the way of restraint, I look upon it as it looks upon us, as a remedy more dangerous then the disease, and as a mean to draw the war of forain Kings upon us (especially the Prince being in other Kingdoms) rather then to quiet our troubles at home. And therefore supposing that none of the Kingdomes will take any way concerning his Majesties Person, but such as may consist with duty and honour, and which may lessen, and not increase our troubles, I shall lay aside the way of restraint, and speak of the way which may be with freedome, honour and safety, which can be no other but that his Majesty shall go into Scotland, or come to his Parliament here, or some of his houses neer-abouts. His going into Scotland is full of dangers and inconveniences to both Kingdomes: The Amalekites are not yet driven out of that Land. The bloudy barbarous Irish, banded with a wicked crew of Malignants, possesse the Mountains and highlands, which are the strong holds, and never conquered parts of that Kingdome. They have not laid down Arms, but keep in a body together, and they are so neer to Ireland, as the Forces of the Rebels there may in two or three houres space come over and joyne with them: and (Scotland) not being able to keep and entertaine Armies long, the King being there, may raise such Forces in Scotland, as may make way quickly into England. And therefore his Majesties going into Scotland (before our Peace be settled) being of most dangerous consequence to both Kingdomes, I shall humbly offer to your Lordships consideration his Majesties coming to London, or some of his houses here-abouts, as the most probable way to procure a speedy and happy agreement, which is also his Majesties own desire in his answer to the Propositions. And although no perswasion of ours could prevaile to procure a more satisfactory answer for the time, then what is returned to the Houses of Parliament, yet (I assure your Lordships) that the Committee of Estates of the Parliament of Scotland, and the Noblemen, who were at Newcastle, did faithfully contribute their best endeavours, that his Majesty might have given his assent to the Propositions: And, as wee did then deliver our minds with that plainnesse and freedome which was fit for faithfull and loyall Subjects, with no lesse regard to this Kingdome then our own Nation; so are we now (with the same candor and tendernesse of affection) willing and ready to concurre with the honourable Houses in every thing which may promote the great work of Reformation, and settle Religion according to the Covenant with a well grounded peace. And for these ends, we desire, that his Majesties answer may be improved to the best advantage of the publike. For albeit the King hath not given a present assent to the Propositions, yet he hath not in his answer refused them; but doth promise, That hee will cheerfully grant and give his assent unto all such Bills (at the desire of the two Houses) and reasonable demands for Scotland, which shall be really for the good & peace of his people: To which end he desireth and proposeth; That he may come to London (or any of his houses there-abouts) upon security, That he shall be there with honour, freedome and safety, as the best expedient to procure a happy agreement between his Majesty and his Parliament, which we desire may be weighed in the ballance of righteous judgement, as a businesse of the greatest consequence which can fall within humane consideration and wherein the glory of God is most concerned of any businesse under heaven. For upon a blessed agreement between the King and his Parliament, Religion and Righteousnesse, Truth and Peace, which are the compend and height of all happinesse, will be established to the eternall fame and glory of great Britaine, and the great comfort of all the Protestant Churches: And upon our disagreement, all the calamities of a bloudy and unnaturall war, will be continued, and nothing heard nor seen in Church nor State but confusion. God hath brought both Kingdomes thorow the surges and waves of a boisterous tempest, into the harbour of a peace, & hath scattered most part of our Enemies, & now our work is how to come a-shore, & establish a right peace. I hope, it is as far from our desires and intentions, as it is against our Covenant and Professions, to change fundamental government. We have need to take heed, that we run not from one extreme into another; Dum stulti vitant vitia, in contraria currunt: Therefore our study would be how to cure the wound which our sins and the evill counsells of others have made between the King and his Parliament, to make up the breach, and not make it wider. It hath been universally acknowledged, That the Kings removall from his Parliament, is the immediate and chiefe cause of all the war, mischiefe, and calamities of the kingdomes: Then his Majesties presence in joyning with his Parliament must be the best, if not the onely remedy to remove our troubles, for it is a maxime no lesse true then common, that thar Contraries have contrary consequents. Contrariorum contrari sunt consequentia. The King desires to come to his Parliament, not onely to have his doubts cleered, and have these difficulties explained which hinder his consent to the Propositions as they now stand: But likewise that his coming may raise a mutuall confidence between him and his Parliament: If the last were done, the first would soon be performed, and all those mountaines of difficulties would easily be removed, and become valleys. Your Commissioners had no power to give any reasons, no not so much as tell what is the meaning of any of your demands, nor hearken to any desire of the Kings; And certainly some things might be justly moved by his Majesty, which are necessary for the Crowne and a well grounded Peace, as, That he may have his Revenues, That he may returne with honour and safety to his Crowne and government; And if the King were with his Parliament, where hee might both give and receive satisfaction, he might with reason be convinced, to assent to what hee now conceives to be unreasonable. The making of a peace, is so great and glorious a worke, and so acceptable to all good men, and to the whole people, that it would (after so great trouble) be like raine to the new mowne grasse, or like a resurrection from the dead, and is a worke worthy of a Kings presence: And the King may without arrogancy desire that glory to himselfe, the more to reingratiate him to his people, and not devolve that honour wholly to any other, wherein he himselfe ought to be the prime Actor. And therefore the Kings presence with his Parliament is the most probable way to sustaine to a speedy and blessed peace, which certainly will be the more durable if it be with the good liking of both sides. I know there is one common objection (and I know not another) wherewith many are possest and prejudiced against the Kings coming to his Parliament, That his presence may breed division, and that he may thereafter withdraw and continue our troubles. Unity and Concord (I confesse) is that by which Kingdoms and Common-wealthes doe flourish, and there is nothing more dangerous then division, Concordia enim res parvæ crescunt, discordia vero maximæ dilabuntur. But is there any greater or more dangerous division, then to have the Head divided from the Body? to have the King divided from his Parliament, the representative body of the kingdome, whereof he is the Head? Hath not this division divided brother against brother, the father against the son, and the son against the father, and Countrey against Countrey? This division is the cause of all our other divisions; Take this away and all our other divisions are at an end. Ablata causa tollitur effectus. The King doth (with all earnestnesse) desire to be joyned with you, and stands more in need of reconciliation, and I hope will (according to his profession) endeavour it rather then division; And (I trust) the wisdom of the honourable Houses is such as they will doe so too, and rather be reconciled to the King, then divide amongst our selves. And that argument not to admit of the Kings coming to his Parliament, because his presence may breed division, is an argument to debarre him perpetually from his Parliament. And now the case is altered from what it was, when it was thought unfit, that the King should come to his Parliament, because then he had forces in the fields, garisons, and strong holds to returne to: Now he hath none of these against you, And his desire of coming to his Parliament, cannot be but with resolution to agree and stay with you, for if hee were once with you, where can he goe from you? And if they were esteemed enemies to the Parliament and the Peace of the kingdoms, who advised the King to withdraw from his Parliament, what estimation will the world have of them, who will not suffer him to returne to his Parliament, when he offers to cast himselfe in your armes? Nor can there be a more reall testimony of our respect and affection to England, then that we desire he may be with you, and be advised by you, neither can you have any greater honour, then that (after you have dissipated your Enemies) his Majesty is willing to returne to you: And if so kind an offer shall be refused, and the King driven to despaire, it is to be feared, these kingdomes will be involved in great difficulties then ever, and we shall be driven out of the harbour and entrance of a peace, into the tempest of new and bloudy wars. For although Scotland be most willing and desirous that the King should return to his Parliament with honour, safety, and freedome, and that he may remaine where his personal presence may serve most for the security and happinesse of his people; yet if any such course shall be taken or any demand made for rendring of his Person, which cannot stand with his honour and safety, or which cannot consist with our duty, allegeance and Covenant, nor with the honour of that Army, to whom (in time of his extreme danger) he had his recourse for safety; it cannot be expected that we can be capable of so base an Act. And if (to shun this, and avoid occasion of quarrelling between the kingdomes) he shall goe to Scotland, and resent his expulsion out of England, and crave the assistance of that kingdome for recovery of his right to this Crowne; Hee may in a short time raise such Forces in Scotland and Ireland, as with the assistance of Foraine Princes, these kingdomes may be made a field of bloud, and the youngest amongst us not live to see the end of these unnaturall wars. But if the present opportunity be wisely managed, and that we maintaine the just priviledges of Parliament and liberty of the Subject in both kingdomes, with that wisdome and discretion, as that may be given to God which is Gods, and to Cæsar what is Cæsars, if we feare God and the King, and doe not meddle with them who are given to change, That same divine providence and wisdome which hath brought us through many difficulties, will also teach us how to establish these kingdomes in peace, and the Kings Throne in righteousnesse, That the great blessing of a constant and friendly conjunction of the two kingdomes (now united by allegeance and loyall subjection to one Soveraigne and Head) may be firmly observed and continued to all posterity. THis day I hope will bring our Conference to some results to be reported to the Houses, and therefore I shall frame my Discourse and Arguments with that succinctnesse as may bring us soonest to a close. At our first meeting, the subject of our debate was, whether the Right and Power of disposing the Person of the King is solely in the two Houses as they shall thinke fit, or in the two Kingdomes; and at our last meeting, we had some arguing about the same question, but your Lordships did still assert the Vote of the Houses, and we say (in respect of the interest and relations which both Kingdomes have equally to the King, especially in the present juncture of affaires, when both Kingdomes are entred in the same League and Covenant, have jeoparded their lives in the same War, are labouring under the same danger, are seeking the same remedies, and stand in need of the same Peace and security; and both Kingdomes are bound by our Covenant to preserve Unity, and are obliged by Treaty that none of us shall make any peace, cessation, or agreement whatsoever, without mutuall advice and consent of both) That the Person of the King cannot be disposed of without the joynt advice and consent of both Kingdomes. But as we doe acknowledge that England hath parity of interest with Scotland, so doe we still offer that they shall have parity of power in disposing of the King: and we doe affirme, That the Person of the King, who is King of Scotland as well as of England, and is Head and Monarch of both Kingdomes, cannot be disposed of by any one of the Kingdomes alone: but what ever is to be done concerning the disposing of his Majesties Person, ought to be done by joynt advice and common consent of both, as may serve most for the Peace, security, and happinesse of the King and Kingdomes, which we did prove by severall Arguments: To which there was nothing answered in effect, but, That the King being within England, his Person was to be disposed of as the two Houses shall thinke fit, and that the King being with the Scottish Army, and they being paid by the Parliament of England, he is in effect in the power of the Houses, and ought to be at their disposing, in the same way as if he had come to the Army of Sir Thomas Fairfax, or any other of the Parliaments Armies. To which we shall not need to make any reply other then wee have made already, That the Kings present residence in England, nor no locality, can take away the reality of our relations formerly mentioned by us, farre lesse can it take away the ingagements and stipulations betweene the Kingdomes; and though the Scottish Army be paid by the Parliament of England, yet they are the Army of Scotland, raised for pursuance of the ends of the Covenant, and are to be ordered and directed by the Parliaments or Committees of both Kingdomes: And therefore they cannot with conscience, duty, nor honour, deliver the person of the King without his owne consent, to be disposed of as the two Houses shall thinke fit: but we have declared and doe still declare, That we are content that the Person of the King be disposed of (the word Disposed being taken in a right sense) as may serve most for the Peace, safety, security, honour and happinesse of the King and both Kingdomes: and did offer to your Lordships consideration his Majesties coming to or neere London, as the most probable meanes to procure a speedy and well-grounded Peace. And seeing your Lordships have done us the honour to meet with us in this free and brotherly Conference, we doe expect that you will concurre and assent to this Proposition, or propound a better expedient for the good of both Kingdomes. But if the honourable Houses will not admit of this Proposition, our next desire is (that it may appeare, no lawfull and possible meanes are left unassayed which may procure a happy agreement betwixt the King and his Parliaments, and for our further exoneration) That Commissioners may yet once more be sent from both Kingdomes to his Majesty, to shew the meaning of our Propositions and to assert them, and to heare the Kings doubts and difficulties, and desires, who may further intimate, that (if his Majesty shall not give a satisfactory answer to the Propositions) then both Kingdoms will without making any such further application to him, take such course as they shall judge fittest for the peace and security of the Kingdomes. And as at the opening of this Conference I did begin with an humble, lawfull, and laudable desire for unity in relation to Religion, the King, and amongst our selves, so shall I close in the same dialect; for the first of Religion, if we doe remember our vowes to God to performe them, and shall endeavour really, constantly, and sincerely, the Reformation of Religion, and uniformity according to our Covenant, we may certainly expect that God will crowne this great worke, wherein he hath honoured us to be actors, with his blessing; but if in place of uniformity, which we are obliged to endeavour, there shall be a toleration of all Sects and sorts of Religion, and if we neglect to build the house of God, and become insolent upon our successes; although wee could mount up with Eagles wings, and build our nests as high as the starres, and had an army who for valour and strength could march to Constantinople, God shall lay our glory low in the dust, and suffer the work to fall in our hands, like the confusion of Babell: And what ever hath been moved by us concerning the King, wee desire it may be rightly constructed, as proceeding from such as have not wavered from their first principles; for when the King was in the height of his power, we did not, and (I hope) never shall flatter him; and when the enemy was in the height of their pride and strength, Scotland did feare no colours: and now when the King is at his lowest ebb, and hath cast himselfe into our Army for safety, we hope your Lordships will pardon us from our sense of honour and duty to be very tender of the person, and posterity of the King, to whom wee have so many neer relations, and not like the worse of us: that wee cannot so farre forget our allegeance and duty as not to have an antipathy against the change of Monarchicall government, in which wee have lived through the descent of so many kings, and under which both kingdomes have been governed so many ages, and flourished in all happinesse. And now my last word shall be for constant Unity between the kingdomes, which as it hath been the chiefe meanes to promote the great work wherein both kingdomes are so deeply engaged, so there is nothing can make us so formidable to our enemies, nor so much aiding one to another, as the cheirishing and continuing thereof; and I dare say that no man would divide divlde the one from the other, but such as desire to fish in troubled waters, and are reall enemies to both. God hath blest the joynt endeavours of both Nations, both are in one ship, and are come through a very great storme, and now when we are come into the harbour, it would be great shame to both to split upon the rocks of division (& devorato bove deficere in cauda ) and your Lordships may be confident that Scotland who have esteemed no hazzard too great, for settling of Religion and love to their Brethren, will stick so fast and firmly to you, (so long as you hold the principles of your Covenant) as no feare nor favour will ever be able to divide them from you, and wee doe expect that reciprocall amity which may perpetuate our Unity. YOur Majestie was pleased on Monday last, to call the Lords of your privy Counsell of Scotland, and the Committee to acquaint them with the Propositions, and told, That before the delivery of your answer, you would make the same knowne to them. The time assigned for the stay of the Commissioners is so short, and the consequence of your Majesties answer is of so great importance, either for the preservation or ruine of your Crown and Kingdomes, as we could not be answerable to God, nor to that trust reposed in us, unlesse we represent to your Majesty how necessary it is (as the condition of affaires now stand, and in so great an extremity) that your Majesty should assent to the Propositions, and that the danger and losse of your refusall will be remediles, and bring on sudden ruine and destruction. I shall begin first with the last, which is the danger; and shall next speak a word of the remedy. The differences between your Majesty and your Parliament (which no man knowes better then your Majesties selfe) are growne to such a height, that after many bloudy battels, there is no cure but a present peace, otherwise nothing can be expected but certain destruction. The Parliament is possest of your Navie, and of all the Forts, Garisons, and strong holds of the Kingdome: They have the Excise, Assessements, and Sequestrations at ther disposall and have authority to raise all the men and mony in the Kingdome, and (after many victories and great successes) they have a strong Army on foot, and are now in such a posture for strength and power, as they are in a capacity to doe what they will both in Church and State: And some are so afraid, others so unwilling to submit themselves to your Majesties government, as they desire not you, nor any of your race longer to raigne over them. Yet the people are so wearied of the wars, and great burthens they groane under, are so desirous of peace, and loth to have Monarchicall government (under which they have lived so long in peace and plenty) changed, that such as are unwearied of your Majesties government, dare not attempt to cast it totally off, till once they send Propositions of Peace to your Majesty, lest the people (without whose concurrence they are not able to carry on their designe) should fall from them. And therefore all the people being desirous, that (after so great wars and troubles) they may have a perfect security from oppression and arbitrary power, The Houses of Parliament have resolved upon the Propositions, which are tendred to your Majesty, as that without which the Kingdome and your people cannot be in safety; and most part of the people think, that there cannot be a firme peace upon any other termes. Your Majesties friends, and the Commissioners from Scotland (after all the wrestling they could) were forced to consent to the sending of those Propositions, or to be hated as the hinderers of peace, and to send no Propositions at all. And now, Sir, if your Majesty (which God forbid) shall refuse to assent to the Propositions, you will lose all your friends, lose the City and all the Country, and all England will joyne against you as one man, and (when all hope of reconciliation is past) it is to be feared, they will processe and depose you, and set up another government, they will charge us to deliver your Majesty to them, and to render the Northren Garisons, and to remove our Army out of England, and upon your Majesties refusing the Propositions, both Kingdomes will be constrained (for their mutuall safety) to agree and settle Religion and Peace without you, which (to our unspeakable griefe) will ruine your Majesty and your Posterity, And if your Majesty reject our faithfull advice (who desire nothing on earth more, then the establishment of your Majesties Throne) and lose England by your wilfulnesse, your Majesty will not be permitted to come and ruine Scotland. Sir, we have laid our hand upon our hearts, we have asked counsell and direction from God, and have had our most serious thoughts about the remedy, but can find no other (as affaires stand for the present) to save your Crowne and Kingdomes, then your Majesties assenting to the Propositions. We dare not say, but they are higher in some things (if it were in our power and option to remedy it) then we doe approve of: But when we see no other meanes for curing the distempers of the Kingdomes, and closing the breaches between your Majesty and your Parliaments, our most humble and faithfull advice is, That your Majesty would be graciously pleased to assent to them, as the only best way to procure a speedy and happy peace; because your Majesty shall thereby have many great advantages: You will be received againe in your Parliament, with the applause and acclamations of your people: By your Royall presence your friends will be strengthned, your enemies (who feare nothing so much as the granting of the Propositions) will be weakned: Your Majesty will have a fit opportunity to offer such Propositions, as you shall in your wisdome judge fit for the Crown and Kingdome. All Armies will be disbanded, and your people, finding the sweet fruits of your peaceable government, your Majesty will gaine their hearts and affections, which will be your strength and glory, and will recover all that your Majestie hath lost in this time of tempest and trouble. And if it please God so to encline your Royall heart to this advice of your humble and faithfull servants, who (next to the honour of God) esteem nothing more precious then the safety of your Person and Crowne, Our actions shall quickly make it appeare to all the world, That we esteem no hazzard too great for your Majesties safety, and that we are willing to sacrifice our lives and fortunes for establishing of your Throne. And now, Sir, we prostrate our selves at your Majesties feet, and in the low posture of humility doe beg, That your Majestie may (in end) grant the sute of your most humble Servants and faithfull Subjects, who have no private aimes, but only the glory of God, and safety of your Majesties Person, Posterity, and Crowne before our eyes. And the granting of our desires will revive our fainting spirits: refresh our refreshour sad hearts, which are overwhelmed, and like to break with sorrow, and will turne the prayers and teares of the many thousands of your people, in praises to God, and make them embrace your Majesty with acclamations of joy.

Politics

The Lord Chancellour of Scotland his first Speech: At a Conference in the Painted Chamber with a Committee of both Houses, Octob. 1. 1646.

Severall speeches, spoken by [...] Lord High Chancellor of the Kingdome of Scotland [...]

PolA1659

THE Wise man having proposed this Question, What can the man do that cometh after the King? He answered himself thus, Even that which hath been already done. And to the like Question at this time, What can he say that speaketh after his Highness? The like Answer may not be unfitly returned, Even that which hath been already spoken. Let me therefore crave your patience, while I eccho back again unto you the same things, which even now you have heard from his Highness; things, which cannot sound too often in your ears, because they cannot sink too deep into your Hearts; nor be too much upon your Thoughts. You see, how the most wise God, the Supream Moderator and Governor of all things, in the present Dispensation of his Providence, which we behold before our eyes, doth as it were checquer out his Work unto us, and seemeth to pave his Way amongst us in Black and White. That which represents it self unto us in a sad and black colour, is the Death of his late Highness, of famous and of blessed Memory: That which appeareth unto us with a fair and promising Aspect, is the Succession of his present Highness to the Government of these Nations, by the Appointment and Declaration of his Father, in pursuance of the Advice of Parliament, and with the general and joyful Acceptation of the People, testified by so many their most affectionate Addresses; and that from most, if not all, Counties, Cities, Burroughs, and other Societies of men, of all sorts, professions, and conditions: whereby it doth most manifestly appear, That what God spake unto them in that Dispensation, at such time as their Hearts were full of doubt, fear, and trouble, upon his late Highness his Death, was a word fitly spoken, like Apples of Gold in Pictures of Silver. And now that his Highness hath called this Parliament of the three Nations, he standeth at the Head of this great and most honorable Assembly, the Representative of the three Nations, and is held forth to the World as a noble piece, beset on the one side, and on the other, with most rich and precious Stones, whereby much of price, and much of lustre is added to it. It is not my business to praise the dead, much less to flatter the living: But the things which I shall represent unto you, in relation to this Alteration which of late the Providence of God hath wrought amongst us, shall be onely such Considerations as have been remembered unto you by his Highness, and such as may minister fit matter for your thoughts to be exercised about, in order to the great Consultations for which at this time you are called together. His late Highness, you know, and the whole World knows, was a Man of War, yet he dyed in Peace, and left these Nations in Peace at home, and Victorious abroad, and they are still (Gods Name be praised for it) in Peace, and in Peace they are brought to your hands; wherein his Highnesse, and the Nations have placed great confidence, and have great hopes, and expectations that they shall be safe, and preserved in peace: a thing so well pleasing to God, who is the God of Peace, and so acceptable to these Nations, who have sufficiently testified their love to peace; and their longing after settlement: But that is not all, his late Highnesse not only left these three Nations in peace, with, in and between themselves, but also in Unity; and as it was his and the late Parliaments worthy work and care to unite these three Nations into one Commonwealth, that they might be no longer thornes in the eyes, and goades in the sides of each other, as sometimes they have been (and as Wales formerly was, and as other Provinces in our neighbour Nations were unto them, till they found means to incorporate them into one body, and Government:) So his Highnesse held it incumbent upon him to bring them united to, and in this Parliament, according to the practice of the late Parliaments whilst they sate, and the expresse Declaration of their intention, That all Parliaments for the future should be Parliaments of the three Nations and That there should be some Members to serve in them from, and for the three Nations; which Unity in the supream Legislative Power, doth not only serve at present to prevent a mischief, and distraction, but may also, by the blessing of God, for the future, procure a full and perfect Coalition, whereby the breaches and sufferings of many former ages will be avoided, their desires and endeavours attained, and the fears of many succeeding Generations secured, and so at length a strong triple cord twisted together, which cannot be easily broken; I say which cannot be easily broken while it remains twisted together: but if untwisted, it may not only be soon and easily broken it selfe, but after each part will serve and help to break the other. In the next place, that which I shall offer to your thoughts upon this Subject, is; That his late Highnesse had it much in his heart to build the House of God, with the Courts thereof, and made great Preparations for it. By the House of God, I mean the Church of God, by the Courts thereof, the true and pure Worship of God, and Justice and Judgment amongst men. This makes the outward, That the inward Court of Gods House; and to all these his late Highnesse hath made very considerable Preparations. As first, David, that sweet Singer of Israel, was not more skilfull to beget Confort in Discord, and in tuning the severall and different strings of his Harp to a melodious Harmony, then his late Highnesse was dextrous and wonderfully successfull in keeping Love between dissenting Brethren, and preserving a Christian Unity in a Christian and warrantable variety, which thing is a great preparation towards the building of that Spirituall House, whereof we spoke. Another great Preparative was, The care he constantly took, that Godly and able Preachers and Ministers should be sent forth into all parts; and before they were sent out, that they should passe the test and examination of Prudent, Learned and Pious, Approvers. A third Preparative was, The care he constantly took of the Universities and Schooles of good Learning, that those Fountains might alwayes be kept clear, and that from thence there might continually issue a pure River of water of life, as clear as Christall, proceeding from the throne of God and of the Lamb. A fourth Preparative was, The putting of such Persons in places of Trust and Power, which would be a countenance to godly men and Godlinesse, and discountenance Atheizme and Profanenesse. And lastly, As to the outward Court of Gods House, The Administration of Judgment, and Justice amongst men, what were his desires and indeavours, and what his care from time to time to fill the Benches with able and Learned Judges, we all know. All these preparations, and many more, did his Highnesse make for this House, and all the materialls thereof are so fitted, and squared before hand; by the humble Petition and Advice, and other good Lawes made by the late Parliament, that, by the help of God, there will be no need of any new hammering, nor that there should be heard the noyse of any Hammer, or Axe, much less of Spear, or Sword, or any Tool of Iron, for what is to be further done in the building of this House. Such indeed that look upon the Petition and Advice with a partial and prejudicate eye, or, as it may be distorted on the one side or the other in the execution thereof, may think there hath not been a right measure taken of many things, and that there is great need of running them over again. But whosoever shall well weigh the same, and look into it with a single eye, will finde, That both our Spiritual and Civil Liberties have been squared, stated, and defined therein with a great deal of care and exactness, and that according to the true nature of Definition; That it is neither too Narrow, nor too Broad, neither too Long, nor too Short; That it hath not taken In any thing that should have been left Out, nor left Out any thing that is Essential. I say this, as to the main, That no truly Godly men need to fear Persecution, nor any wilfull Sinners, of any sort, either in Faith or Practice, hope for Impunity: That no Free men need fear to be made Slaves; nor, That any mens lawless Liberty, under pretence of making all free, should indeed make all men Slaves. But the Legislative and Executive Powers are so stated therein, in relation to one another, and to their own parts within themselves, that neither may hinder, but each part help, the other; and that none in either might have more or less power then is necessary for the good of the whole. And yet is there still behinde a great and a glorious Work, in the location and composure of these parts, though never so well fitted. The Execution of the Law is the Life, the Complement, the perfection thereof. The application of Things to persons, and of Persons to things, and the right joynting and cementing of one part to the other, by a Spirit of love within, and establishment of due and necessary order without, will make this House to rise up into a strong, a perfect, and a beautifull structure and Fabrick amongst us; to which much of care, and many provisions will be necessary. What then remains, but that his Highnesse and both Houses of Parliament, should set about this noble work, till they have brought it to perfection. That, as is fresh in your memories, and as you even now heard from that reverend Person who was the mouth of God unto you, Mercy and Truth may meet together, and Peace and Righteousnesse kisse each other, that Christian liberty may be preserved, without unchristian licentiousnesse, that Ministry and Magistracy, may be maintained and refined, and Learning and the Schools thereof so ordered, that they may continually supply the same; and not be as Abbies and Monastries sometimes were, either Nurseries of Vice and Idleness, or of Faction and Contention; That Godliness may be set on the Throne, and Profaneness thrown out on the Dunghil; That Law and Justice may be executed with Equity and Mercy, That neither Craft nor Cruelty may take advantage of the rigor of the Law, or of the hands of God to turn Judgment into Wormhood, and Justice into Gall: That Judgment and Justice may run down with a clear and swift Stream; and if any Rubbish, Mud, or Weeds, through length of Time, be got into the Channel, it may be cleared by such careful hands, as, in scouring the Channel, will take heed not to dig down the Banks, whereby an Inundation of Arbitrary Power and Jurisdiction, shall be let in upon the Nations. In the last place, That which I shall offer to your consideration, is, That, if this Government, when it first sprang up in the hands of his late Highnesse, out of those dreadfull Confusions which had covered the face of these three Nations, was readily imbraced by them as a choice and hopefull Plant, though as yet but a tender one, and such as had but newly taken to the Soyl: with how much more reason may we now expect, that it should be enabled to encounter the sorest Stormes and Tempests, that may arise? being supported partly by its own proper Firmnesse, through the good will and liking of the People, out of the Experience they have had, of the Benefit they have recieved from it; and the Peace and Tranquillity they have enjoyed under the shadow thereof; and partly by the accession of Parliamentary Authority, both past, and to come, which it cannot but much expect, and relye upon, from time to time, and at all times, considering the great obligations that their wisdome and good affection to the welfare of these Nations, and the Law, by their oaths, and otherwise, hath laid upon them in this behalf: So that it being so well rooted downwards, and so well grown upwards, though possibly the boughs and branches thereof may be a little shaken sometimes, and moved one while this way, and another while that way, yet there will be no danger of the trees falling, by Gods grace, unless we have so far provoked his justice by our ingratitude in general, and in particular for the mercy we have, and may still further enjoy (if it be not our own faults) under this Government, that he shall suffer a Spirit of division to run through the principal parts thereof, that they fall one from another, and so at length fall one upon another, and so at last fall down all together, and then be trodden under foot, and that on all hands, and on every side, and with them the peace of these Nations which they enjoy at home, and the honor and renown which they have gained abroad; than which they never had more then at this day, both far and near. But what speak I of the honor of men, when as the honor of God, and the safety and prosperity of his Churches and people, both here, and throughout all Christendome, doth so much depend upon the peace and consistency of these nations at this time, as in truth they do, as much, if not more, than on all the Nations in the world besides? This is a great word which I have said, but it is a true one, and if the present state, and posture of affairs throughout the whole Christian world, be well weighed, and considered, it will be found that this is no swelling vaunt, but a well measured truth. And because it is so, no doubt the grand Enemy of our Peace, because he is the grand Enemy of God, and his Church, will be very busie at this time, with all his instruments, and will cast many mists before our eyes. He is a spirit of darkness, of error, and mistakes, that he may become a spirit of mis-understanding and division, and he is a spirit of division, because he delights in war and blood-shed, the natural consequencies thereof; for he was a murtherer from the beginning: But we are not ignorant of his arts, and wiles, and whatever fair and beautiful shapes he appears in at the first, yet if we examine him to the bottome, from top to toe, we shall at length discover him by his divided, and dividing foot; and thence take warning to avoid him. We have also a wholsome, and Divine Council to preserve us from falling into his snare: That is, to hold the unity of the spirit, in the bond of peace. What is that bond of peace? In a Moral sense, it is that triple knot of true love and good understanding between His Highness and the two Houses of Parliament. In a politique consideration, it is the constitution of our Government, whereby we have another triple Cord, besides that of the three Nations united into one Commonwealth, viz. the constitution of their Supreme Legislative power, consisting of a single Person, and two Houses of Parliament; which Cord, while it is kept well twisted together, will be a great strength to it self, to the Nations, and to the people of God in these, and all our neighbouring Nations round about us. But if once it begin to unravel, and the two ends fall one from another, and from the middle, all will run to ruine. Therefore be very careful to hold fast the bond, and beware of all such as shall be picking at the knot, under what colour, or pretence soever, yea though they promise never so much, and undertake to binde it up so fast, and in a better fashion then it was before. This tying and untying of the bond, and continual seeking after new fashioned knots, hath put these Nations to much trouble, and into more danger. It is good to hold what we have, till we are sure to meet with that which is better; And of all fashion knots, the Nations will be worst satisfied with a Bowe knot, a sliding, a slip knot, which will be alwayes fast and loose, which every touch at either end will dissolve, and leave the Nations always at uncertainty, always in unsettlement. But the knot which takes in both ends, the top and the bottome, and joyns them fast together, and to the middle with a treble knot, and wherein each part helps to fasten the other, and the drawing of either end, draws all nearer and closer together; this will make a fast knot, a knot (by Gods blessing) like to hold, and to continue. And surely were there no other consideration but this (give me leave to repeat it, though I have said it once before) this alone were sufficient to make us keep close together, at this time, because we cannot fall in pieces, as things now stand abroad, but the whole Protestant interest, throughout the whole world, is like to fall asunder also with us. For if we well consider how the Princes, and States in Germany, both the Upper, and the Lower, and in the Northern parts of Europe, begin to state their interest otherwise, and to take a different measure of their Confederacies, and alliances, then formerly they have done, We shall finde upon the matter but one single bar that is considerable, to check the growing power of the Austrian family in those parts, whereunto it cannot long make head, without support and help from others, and from whence onely, any that is considerable can be expected, is not hard to judge. I shallnot need to minde you of that which more nearly concerneth you (for it so nearly concerns you, that you cannot but be sensible of it) I mean the present condition of Affairs, in relation to the Sound and Baltick Sea, and the great Forces both by Sea and Land, that look that way: And how far, and how soon this may bring to the Stake all the Materials wherewith your Walls must be upheld, (I say your best Walls, and the best in the world, though Woodden ones) I leave to your consideration: And how critical this very Spring may prove to the saving or losing of your Stake. Onely this I shall say, should your Wings be once clipped in that kinde, when you shall get up again to the pitch where now you are, none but he onely, who onely (and that too in an extraordinary way) can help you up again, he onely can tell. On the other side, for the other branch of the House of Austria, (which sometimes hath been, and may soon be again the terrour and jealousie of the whole world) you know what Ballance it onely hath, and upon what ticklish terms it now stands, and what friends he hath made, and what he further hopes to make of old Enemies; and what advantages he hath, and still further hopes to make of them; not onely to your prejudice, and the endangering of your ruine, but of those themselves also in the end, whose helping hands, by inticements of present advantages, he endeavours to draw to his assistance, in the pulling down of their own out-works, and best Supports. It is true, he hath suffered some Breaches, and received some Wounds of late: but how soon, by the help of that vast Treasure, which he drawes continually from the Indies (if he may bring it still quietly home) he may repair those Breaches, and heal up those wounds again, who doth not see? Some things are fitter for your thoughts, then your ears; therefore this I shall onely say in general, that the opportunities which you have had, and yet in part have, to put your Interest, and that of your best Friends, in some measure in safety, may soon be lost, (if they be not already upon the Wing) and then it may never be in your power to recover them again. Therefore His Highness maketh no question, but that you will take these things into your speedy and serious consideration, and that you will think timely of the means of Defence and Offence in order thereunto. The late Parliament having engaged in this War, very honourably made some considerable provisions to carry on the same, I say considerable with respect to our little World, out of which they were to be raised; though not proportionable to that great World, and those vast Territories and Dominions whereof our Enemy is possessed; and whereupon they vaunt themselves, that the Sun doth never set. But our comfort also on the other side is, that he that is our Sun doth never set, and he that is our shield will never fail us. You will receive a particular Accompt, from those under whose Survey and care those things are, of the state of the publique Revenue, and of the Forces both by Sea and Land, your inward and outward Walls under God; and as good as any in the world. But as all things which are good are also costly, so can it not be expected but that the charge of them should be great. His Highness hath assured you, that the Army (I speak of the forces both by Sea and Land in the three Nations) is a good and faithful Army, and will be ready to engage in every good thing and action, whereof no man either ought, or need to make question. His Highness hath further told you, that they are a patient Army, and when you see the Accompt of their Arrears, that will be out of question; and without all question, God hath used them as singular instruments of his honor, and of the honor of these Nations: And as England by Gods mercy is now enlightned in the knowledge of the truth, it would well near venture a starving, (though God be praised that is not its case) then it would starve such an Army, in such a Cause, wherein the honor of God and of the Nation shall be concerned. This I think I may adventure to say in general, that our preparations are not greater, then our Neighbors, though our Concern is every way as much, or more then theirs; neither are our debts greater then theirs, though we have had more occasion of expence, or full as much every way: And if our in-come had answered the foot of Accompt, which the last Parliament went upon in their intended supplies, we had not increased much (if at all) the debt of the Commonwealth, neither had we exceeded our bounds, or not so much (by Gods blessing on our designs) as we have inlarged its bounds and Territories; and that also, so advantagiously, as not onely the danger of Hostile invasion, and Trade-destroying Pyracie is set at a further distance from us, but also much Honor abroad, together with safety and advantage at home, is thereby accrued unto these Nations. Before I conclude, I must again reiterate that which runs so much in my minde, because it lies so much upon my heart; That upon the issue of your Counsels, and the Peace and consistency of these Nations at this time, doth very much, if not wholly depend, the life, and the breath of all the hopes of all the expectations of the Churches of Christ, throughout the World. Since then there is so great a trust reposed in you, so great a Price put into your hands, lay your hands upon your hearts, and lift your hearts up to Heaven, where your help, where our hope lies. His Highness hath fully expressed His high esteem of Parliaments, and His judgement of them, that they are the most adequate and commensurate Councils, to matters of so great and so high importance, and He doth as firmly resolve, that they shall injoy all those great Freedoms and Priviledges which have been granted unto them, in order to those great ends; and His hope and prayer to Almighty God, is, that they may be made use of by you to those great and blessed ends, that all the Three Nations; yea, that all the people of God every where, may rise up all together and bless you, and that you may be blessed, and your names be a blessing to this and all succeeding Generations. This is all that I have in charge from his Highness to say unto you, saving what particularly relates to the Members of the House of Commons: That they should repair to their House to chuse their Speaker.

Politics

THE SPEECH OF THE RIGHT HONORABLE Nathaniel Lord Fiennes, One of the Lord Keepers of the Great Seal of ENGLAND.

The speech of the right honourable the Lord Fiennes made before his Highnesse, and both houses of Parliament [...]

PolA1668

OF all the Sins, that the Children of Men are guilty of, there is none, that our corrupt Natures are more inclinable unto, than that of Idolatry, a Sin, that may be towards Men, so well as other Creatures, and things; For, as that which a Man unmeasurably relyes, and setts his Heart upon, is Called his GOD, even as that which he falls down before, and worshippeth: so, when one hath the Person of another in an excess of admiration, whether for Greatness or Richness, &c. which we are subject to adore, we are said to Idolize him; and therefore the wise Venetians, who, of all men, are most Jealous of their Liberty, Considering that as the nature of Man is not prone to any thing more than the Adoration of Men, So nothing is more destructive to Freedom, hath, for preventing the Mischiefs of it, made it unlawfull, even so much as to mourn for their Duke at his death; Intimating thereby, that their Felicity and Safety depends not upon the uncertain Thred of any one Man's life; but upon the Vertue of their good Laws, and Orders, well executed, and that they can never want vertuous Persons to succeed: and how do such Principles in men, lead by little more than Moralitie, reprove those, who have a great measure of Gospel-light, for their senseless excess, in their adoring the remembrance of Cromwell. For as the Objects of Idolatry are mistaken Creatures, or things, proceeding some times from self-love, so well as other Causes, So the undeserved approbation, and applause, that Cromwell's memory seems to have with his Adherents, amounting to little less, than the Idolizing of him, appears to me, to be the product of an excessive Veneration of Greatness, and a selfish Partiality towards him; for that the more honour is given to him, the more prayse they think will consequently redound to them, who were his Favourites; and they fortifie themselves herein, with the Credit they say he hath abroad, though there is little in that, because the opinion that Strangers have of him, may well be put upon the accompt of their ignorance, in the Affairs of England, which Travellers do finde, to be so great, even amongst Ministers of State, as is to be admired. And now as this Error in Idolizing Oliver hath two moral Evils in it, (besides the sin in it self:) The one, a reflection upon the present times, as if the former were better than these; And the other, the unjust defrauding the Long Parliament of that which is due to them, to give it Idolitrously to him, to whom it doth not belong; I esteem it a Duty incumbent upon me, to discover the Mistake. I am not insensible, that I shall by this, draw the envye of those upon me, who, being Jealous of their Honour, will be angry for touching them in their Diana; but knowing my self clear, from the Vices of envying Vertue in any, how contrary soever he may be to me in Judgment, so well, as from being unwilling to allow every one their due Commendations, I will cast my self upon Providence, for the success of this Paper; And in reference to Cromwell's Government, and the present times, make some Observations relating to both, and, in order thereunto, shew, When this late Tyrant, or Protector, (as some calls him) turned out the Long Parliament, the Kingdome was arrived at the highest pitch of Trade, Wealth, and Honour, that it, in any Age, ever yet knew. The Trade appeared, by the great Sums offered then for the Customes and Excise, Nine hundred thousand pounds a year, being refused. The Riches of the Nation, shewed it self, in the high value, that Land, and all our Native Commodities bore, which are the certain marks of opulencie. Our Honour, was made known to all the world, by a Conquering Navie, which had brought the proud Hollanders upon their Knees, to begg peace of us, upon our own Conditions, keeping all other Nations in awe. And besides these advantages, the publick stock, was Five hundred thousand pounds in ready Money, the value of seven hundred thousand pounds in Stores, and the whole Army in Advance, some four, and none under two months; so that though there might be a debt of near Five hundred thousand pounds upon the Kingdom, he met with above twice the value in lieu of it. The Nation being in this flourishing and formidable posture, Cromwell began his Usurpation, upon the greatest advantages imaginable, having it in his power to have made peace, and profitable Leagues, in what manner he had pleased withall our Neighbours, every one courting us then, and being ambitious of the friendship of England; But as if the Lord had infatuated, and deprived him of common sense and reason, he neglected all our golden opportunities, misproved the Victory God had given us over the United Netherlands, making peace (without ever striking stroak) so soon as ever things came into his hands, upon equal tearms with them. And immediately after, contrary to our Interest, made an unjust Warr with Spain, and an impollitick League with France, bringing the first thereby under, and making the latter too great for Christendome; and by that means, broke the ballance betwixt the two Crowns of Spain, and France, which his Predecessors the Long Parliament, had alwayes wisely preserved. In this dishonest Warr with Spain, he pretended, and indeavoured, to impose a belief upon the world, that he had nothing in his eye, but the advancement of the Protestant Cause, and the honour of this Nation; but his pretences, were either fraudulent, or he was ignorant in Forreign affairs (as I am apt to think, that he was not guilty of too much knowledge in them) For he that had known any thing of the temper of the Popish Prelacie, and the French Court pollicies, could not but see, that the way to increase, or preserve the reformed Interest in France, was by rendring the Protestants of necessary use to their King, for that longer than they were so, they could not be free from persecution, and that the way to render them so, was by keeping the ballance betwixt Spain and France even, as that, which would consequently make them usefull to their King: But by overthrowing the ballance in his Warr with Spain, and joyning with France, he freed the French King from his fears of Spain, inabled him to subdue all Factions at home, and thereby to bring himself into a condition of not standing in need of any of them, and from thence, hath proceeded the persecution that hath since been, and still is, in that Nation, against the reformed there; so that Oliver, instead of advancing the reformed Interest, hath by an error in his Polliticks, been the Author of destroying it. The Honour and Advantage, he propounded to this Nation, in his pulling down of Spain, had as ill a foundation: For if true, as was said, that we were to have had Ostend, and Newport, so well as Dunkirk (when we could get them) they bore no proportion in any kind, to all the rest of the King of Spains European Dominions, which must necessarily have fallen to the French Kings share, because of their joyning, and nearness to him, and remoteness from us, and the increasing the greatness of so near a Neighbour, must have increased our future dangers: But this man, who through ignorance, is so strangely cryed up in the world, was not guilty of this error in State only, but committed as great a solecisme, in his designing the outing of the King of Denmark, and setting up the King of Sweden: For had the Sweeds, but got Copenhagen, (as in all probability had Oliver lived, they would have done) they had wanted nothing of consequence, but the Cities of Lubeck and Dantzigge, (which by their then potencie, they would easily have gained) of being Masters of the whole Baltick Sea, on both sides, from the Sound or mouth down to the bottome of it; by which, together with all Denmark, Norway, and the Danes, part of Holstein, which would consequently have been theirs (they then having as they still have the Land of Bremen) there would have been nothing, but the small Counties of Ouldenburge, and East-Friezland, (which would easily have fallen into their mouths) betwixt them, and the United Netherlands, whereby Sweeden, would on the one side to the North, and North-East Nortth-East , have been as great, as France on the other, to the South, and South-West; and they two, able to have divided the Western Empire betwixt them. And whereas, it had in all Ages been the policies of the Northern States and Potentates, to keep the Dominion of the Baltick Sea, divided amongst several pettie Princes and States, that no one might be sole Master of it; because otherwise, most of the necessary Commodities for shipping, coming from thence and Norway, any one Lord of the whole, might lay up the shipping of Europe, by the walls, in shutting only of his Ports, and denying the Commodities of his Country to other States. Cromwell contrary to this wise Maxime, endeavoured to put the whole Baltick Sea into the Sweeds hands, and undoubtedly had (though I suppose ignorantly) done it, if his death had not given them that succeeded him, the Long Parliament, an opportunity of prudently preventing it: For if he had understood the importance of the Baltick Sea to this Nation, he could not have been so impolitick, as to have projected so dangerous a design against his new Utopia, as giving the opening and shutting of it to any one Prince. I am not ignorant, that this error is excused, by pretending that we were to have had Elsinore and Cronenburge Castle, (the first, the Town, upon the narrow entrance of the Baltick, called the Sound, where all Ships Rides, and payes Toll to the King of Denmark; and the latter, the Fortress, that defends both Town and Ships,) by which we should have been Masters of the Sound, and consequently of the Baltick; but they that knows those Countries, and how great a Prince the Sweed would have been, had he obtained all the rest, besides these two Bables, must confess, we should have been at his devotion, in our holding of any thing in his Countries: And further, if the dangerous consequence of setting up so great a Prince, had not been in the case, it had been against the Interest of England to have had an obligation upon us to maintain places so remote, against the enmity of many States and Princes; and that for these reasons: First, because the ordinary Tolls of the Sound, would not have defrayed half the charge, and to have taken more than the ordinary Tolls, we could not have done, without drawing a generall quarrel upon us, from most of the Princes, and States of the Northern parts of Europe. Secondly, because the experience of all former times sheweth us, that foreign acquisitions, have ever been Chargeable, and prejudicial to the people of England, as Sir Robert Cotton makes it clearly appear, That not only all those Pieces of France, which belonged to us by rightfull succession; but also those we held by Conquest, were alwayes great burthens to our Nation, and cause of much poverty and misery to the People. And it is not our Case alone, to be the worse for Conquests, (although more ours, than other Countries, because of the Charge and uncertainty of the Windes and Weather in the Transportation of Succours and relief by Sea, which contiguous Territories, which are upon the Maine, are not subject to,) but the Case also of (I think I may say) all other Kingdoms. In France, their burthens and oppressions have grown in all ages, with the greatness of their Kings; Nay, even after their last peace with Spain, by which they had given them peace with all the world, besides many places in the Spanish Netherlands, and Catalonia into boot: Upon which the poor people promised themselves (though vainly) an unquestionable abatement of Taxes; instead of that, they found their pressures increased dayly, and their King, though overgrownly great and rich himself, yet the people so poor, that thousands are said to dye in a plentifull year, for want of bread to their water, nothing being free there, but fresh water and aire; For (except in some few priviledged places) wherever they have the conveniencie by their Situation of Sea-water, (least they should make use of the benefit of that, which God and Nature hath given them, for saving the charge of Salt,) every family is forced to take so much Salt of the King, at his own rate, (which is above ten times the price it is sold for to strangers, for transportation) as is judged they may spend in a year; the Lord deliver all other Countries from their example. In Sweden, that King, Court, and their Military Officers, are the better for their Conquests, in Germany, Denmark, Russia, and some places antiently belonging to Poland; but the Commons the worse: Spain is undone, by the great number of people sent thence to the WestIndies, which hath depopulated the Country, France reaping more benefit by keeping their people at home to Manufactures, than Spain doth by sending theirs abroad for Silver and Gold; and now, though by these instances it may appear to be the Interest of the people of other Nations, so well as ours, to live in peace, without coveting additions; yet it is more our true Interest, (because, by reason of our Situation, we have no need of Forreign Frontier Towns, our Ships well ordered, being better than other Princes bordering Garrisons) than any other Kingdoms to neglect especially Europian acquisition, and colonies, and apply our selves: First, To the improving of our own Land, of which we have more than we have people to manage. Secondly, To the Increasing our Home and Forreign Trades, for which we have natural advantages above any other Nation. Thirdly and Lastly, (by our strength which Trade will increase) To make use of it, together with the helps that God and Nature hath given us in our Situation, and otherwise, in keeping the Ballance amongst our Neighbours; For if the Province of Holland, which is but Four hundred thousand Acres of profitable ground, is by the benefit of Trade able to do so much, as we experienced the last Warr, what might we do, if Trade were improved, who have much more advantages for it, than they have: I ascribe what was done by the Netherlands in the late Warr to the Province of Holland; because, that though the Provinces are seven in number, Hollands due proportion of all charges, is 58 1/3 in a hundred, to all the others 41 2/3 of which 41 2/3, Holland gets little more than 20. honestly paid them, insomuch, that it alone may be reckoned to bear four fifths in a hundred, to one fifth that all the other six bears; and how prodigious a thing is it, that Holland, no bigger than as before mentioned, should be able to Coap with England, Scotland, and Ireland; and that though their Charges in the late Warr was abundantly greater than ours, yet by their good management, to be so little the worse for it, that at the conclusion of the Warr, to have their Credits so high, that they could have commanded what Money they had pleased at Three in the Hundred, and all this by the meer additional benefit of Trade and good Order; and how by Comwells indiscreet neglecting of Trade, and choosing Warr when he was in Peace, did he miss the true Interest of England, as by his ill founded designs, he did the Interest of the Reformed Religion; For if he had succeeded in his unjust Invasion of the Spanish Territories in the West-Indies, (as God seldome prospereth dishonest undertakings) it being intended for a State acquisition, the benefit would not have been desusive, but chiefly to himself and Favorites, and prejudicial to the people in generall, though at the expence of their substance, the acquests would have been made: For had he met with so much success in the gaining those Countries, and in them, that plenty of Gold and Silver as he vainly hoped for, we should have been as unhappy in them (in the depopulating of our Countries, by the loss of the multitude of people that must have been sent thither, and in impoverishing our Nations by the vast charge of a continual Warr) as Spain is, and to no other end, than the making of him only Rich, able to Inslave the remaining people, and to make himself absolute over them; for the preventing of which, in such Tyrants as Cromwell, surely Moses had an eye, when he said that they should not greatly multiply Silver and Gold. And thus, as Cromwells designs must, to an impartial Judgement, appear to have been laid, some dishonestly, others impolitickly, and all contrary to the Interest of the Kingdome, so the Issue of them was dammageable to the people of England: As, It is confessed, that Olivers Peace and League with France, was upon honourable Articles; but as the tottering Affaires of France then stood, much more could not have been sooner asked, than had; For Mazerine, being a Man of a large and subtle wit, apprehending the Greatness of England at that time, which was then dreadfull to the World, and the Vast advantages France would have in pulling down, by their help, of Spain, granted him, not onely any thing for the present that he demanded, but disregarded also, even his Parties making their boasts of the awe he had him under, Considering, that when Cromwell had helped him, to do his Work, in bringing under the House of Austria, and therein casting the ballance of Christendom on his side, he should afterwards have leisure to recover what then he seemed to part with; And though nothing is more ordinary, than to hear Men bragg, how Oliver Vapoured over France, I do esteem Mazerine's complying with him, for his own ends, to be the Chief piece of all his Ministry; For by that means only, and no other, is his Master become so great at this day, that no Factions at home can disturb his Peace, nor Powers abroad frighten him, Which is more than any King of France, since Charles the Great, could say; And when his Neighbour Nations have (too late I fear) experienced his Greatness, they will finde cause to Curse the ignorance of Oliver's Politicks; and therefore, when a true measure is taken of Cromwell, the approbation that he hath in the World, will not be found to have its Foundation in sence or reason, but proceeding from Ignorance, and Atheisme: From Ignorance, in those that takes all that was done by him, as a Servant, and whilest under the direction of better Heads, than his own, to be done by him alone; And from Atheisme, in those that thinks every thing lawfull that a man doeth, if it succeed to his advancement; But they that shall take an impartial View of his Actions whilest he was a Single Person, and at liberty to make use of his own Parts without controll, will finde nothing worthy Commendations, but cause enough from thence to observe, that the wisedom of his Masters, and not his own, must have been that by which he first moved; and to attribute his former performances, whilest a Servant, (as is truly due) to the Judgement and Subtilty of the Long Parliament, under whose Conduct and Command he was. And now from Cromwells neglecting to live in peace, as if he had pleased he might have done with all the World, to the great enriching of this Nation; The improvement of our Victory over Holland in his peace with them, His being the Cause of the losse of our Spanish Trade, during all his time, Of the losse of 1500 English ships in that War, besides, by it, breaking the Ballance of Europe, Of the expence of the Publick Stock and Stores he found, with the contracting a Debt of Nineteen hundred thousand pounds, according to his own accompt, (which, for ought I know he left behinde him, but am apt to think the Debt was not altogether so great, though made so to his Sonne Richard's Assembly, as a means to get the more Money from the poorer people:) And lastly, of the dishonourable overthrow we met with at Hispaniola, It may well be Concluded that he lay the Foundation of our present want of Trade, to what we formerly enjoyed; and that the reason why his miscarriages were not sooner under observation, is, because our Stock of Wealth and Honour at his Coming to the Government, being then unspeakably great, stifled their appearance, untill having since had some unhappy additional Losses, they are now become discernable as first Losses to a Merchant, who Concealedly bears up under them, are afterwards discovered by the addition of second Losses, that sincks him: When I contemplate these great Failings, I cannot but apprehend the sadd Condition any people are in, whose Governour drive on a distinct contrary Interest to theirs; for doubtless Cromwell's over-weening Care to secure his particular Interest, against His Majesty, (then abroad) and the Long Parliament, whom he had turned out, with a prodigious Ambition of acquiring a glorious Name in the World, carried him on to all his Mistakes and Absurdities, to the irrepairable losse and dammage of this famous Kingdom. To prove the second Assertion, That Oliver's Time was full of Oppression and Injustice, I shall but instance in a few of many Particulars, and begin with John Lilburne, not that I think him in any kinde one that deserved favour or respect, but that equal Justice is due to the worst so well as best men, and that he comes first in order of time. The third Assertion of Cromwell's knowing no honesty, where he thought his particular Interest was concerned, is made good; First (though therein he mistook his Interest) in his odious and unjust Warr with Spain, without the least provocations, meerly out of an ambitious and covetous design of robbing that Prince of his Silver and Gold Mines, and because he judged it for his Credit to disguise his unlawfull desires, he proceeded in it, by imploying his Creatures in the City, to draw the Marchants to complain of Injuries done them by Spain, and to Petition for Reparations; but by a cross Providence, his Project had a contrary Success; for instead of answering his seekings, the Marchants remonstrated to him, the great prejudice that a Warr with Spain would be to England, and shewed, that that King had been so farr from Injuring us, that he had done more for Compliance and preventing a Breach with England, than ever he had done in favour of any other Nation; But when Oliver saw his Method would not take, he called the Remonstrators Malignants, and begun the Warr of his own accord, in which, he was highly ingratefull in designing the ruine of that Prince, who all along had been most faithfull to his Party. Secondly, His Falseness and Ingratitude, appeared superlatively in turning out his Masters, who had not only advanced him, but made themselves the more odious by their partial affection towards him, and in his doing it, with the breach of a positive negative Oath, taken once a year, when made a Counsellor of State, besides the breach of all other Ingagements, Voluntary Imprecations Protestations, and Oaths, taken frequently upon all occasions in Discourse and Declarations; and yet further (when he had turned them out) and left them void of Protection, and exposed them to the Furie of the people, in pursuing them with false reproachful Declarations, enough to have stired up the rude multitude to have destroyed them, wherever they had met them. Thirdly, His want of Honour, so well as Honesty, appeareth, yet further, in that having by a long series, of a seeming pious deportment, gained by his dissimulation, good thoughts in his Masters, the Long Parliament, and by his Spiritual gifts, winded himself into so good an opinion with his Souldiers, (men generally of plain breeding, that knew little besides their Military Trade, and Religious Exercises) that he could impose, in matters of business, what belief he pleased upon them; he made use of the credit he had with each, to abuse both, by many vile practices, for making himself popular, and the Parliament and Army odious to one another; and because the Artifices he used are too many to innumerate, I shall but instance in some few; As his slie complaining Insinuations against the Army to the Parliament, and against them to the Army: His being the chief Cause of the Parliaments giving rewards to his Creatures, and then, whispering Complaints amongst his Officers, of their ill Husbandry: His obstructing the House in their business, by long drawling Speeches, and other wayes, and then complaining of them to his Souldiers, that he could not get them to do any thing that was good: His giving fair words to every one, without keeping promise with any, except for his own advantage, and then excusing all with forgetfullness: And his deserting his Major Generalls, in their decimations, crying out most against them himself, when he only had set them at work, because questioned by his Assembly, is not to be forgotten, &c. I would not be understood, to remember any thing here, in Favour of the Long Parliament, for what might be Wicked in him, might be Just as to them; And though, if what he did, had been for the Restauration of his Majesty, he might have been excused, yet being for his own Single Advancement, it is unpardonable, and leaves him a Person to be truly admired for nothing but Apostasie & Ambition, and exceeding Tyberius in dissimulation. I am not ignorant, that some thinks it matter of praise in him, that he kept us in peace, four years, and nine months; but that hath little in it, his Majesty having done the like, almost double his time, since his Return, with one fifth part of that number of Souldiers which he Commanded; though he, hath also had the trouble of pressing, and sometimes forcing Uniformity in Religion which he found under several Forms; whereas Oliver, kept the Nation purposely divided in opinions, and himself of no declared Judgement, as the securest way of ingageing all severall perswasions equally to him; which Artifice, together, with his leaving the Church Lands alienated as he found them, were all the true Principles of Policie that I know of, which he kept unto. The Honesty of these Principles, I referr to the judgement of every mans Conscience; but if we may judge of things by experience and success, they seem to have been very happy in the world; For in comparing the Condition of the Protestant Countries at present, to what they were in times of Popery, we shall find them abundantly more considerable now, than formerly; for in taking a true Survey of the Reformed Dominions, we shall discover them to bear no proportion at all in largeness, to the Popish, and that there is nothing, that keeps the Ballance betwixt the two parties, but the advantage that the first hath, in being free from the Bondage of the Church of Rome, and the latters being under it; For as the Church of Romes mercies, are (by their Principles) Cruelties, so had they power answerable to the naturall richness of the Soyl of their Countries, and extent of their Territories, they would long ere this have swallowed up the Protestant Churches, and made Bonefires of their Members; but as God, in his Mercy and Wisdome, hath by his Over Ruling Hand of Providence, preserved his Church; so for the Romish Churches inabilitie to effect that which they have will, and malice enough to carry them on to do, there are these natural reasons. Had Cromwell been a Person of an open prophane Life, his Actions had been less scandalous; but having been a Professor of Religion, they are not to be pleaded for, neither can it be consistent with Religion to palliate them which have been of so much offence, and (as may be feared) made so many Atheists in the World; And I cannot but stand amazed, when I hear him extolled by some, not ignorant of his Practises, knowing in Religion, and (as I hope) fearing God. Now I will suppose, I may be suspected to have been injured, or disobliged by Oliver; but I can with Truth affirm, I never received either Good or Evil from him in all my Life, more than in Common with the whole Kingdom (which I think may be allowed to render me the more a Competent Judge in his Case;) and that I am so farr from being moved unto this, out of any quarrel to him, that, as I have here mentioned, some few of many Injustices, and State-errors, that he was guilty of in his short time, If I were conscious of any thing more, during his Protectorship, worthy applause, than I have here mentioned, I should not envy it him, but freely remember it; and if any think I have not said enough on his behalf, and too much to his disadvantage, I have this for my Buckler, that I wish I could have said more for him, and had known less against him; professing, that besides what I have here hinted, I am wholly ignorant of any one Action in all his Four Years and Nine Moneths time, done either wisely, Vertuously, or for the Interest of this Kingdom, and therefore that I am none of his Admirers, I ought to be pardoned by my Readers. Much more might be said upon this Subject, but this may suffice to shew, that if Mazerine (at the hearing of Olivers death) thought he had then reason for calling him a Fortunate Fool, if he were now living, he would finde more Cause for it, Cromwell's Lott, as to Reputation, having been exceedingly much greater since his death, than whilst he was in the World: And that from forgetfulness of his impolitick Government, (from whose Entrance we may date the commencement of our Trades decay;) And (through want of memory) in mens giving to him the Cause of our former Wealth and Prosperity, which truly belongeth to others. But what opinion soever Mazerine may have had of Oliver, he was without all peradventure a Person of more than ordinary Wit, and no otherwise a Fool than as he wanted Honesty, no Man being wise but an Honest Man.

Politics

THE WORLD'S MISTAKE IN Oliver Cromwell, &c.

The world's mistake in Oliver Cromwell [...]

PolA1672

I Have read over the Book you sent me, entituled, The present Interest of England stated, and shall deliver you impartially my opinion of the Author's judgment. I had done it sooner, could I have believed the giving you so much trouble would admit of an excuse. But if at any time my sending you these Papers can be pardonable, it is now, when we are engaged in a War against the Dutch, since the Argument upon which they are written, is the subject of common discourse. In the first place, I shall take notice, that this Author treats of our Domestic Affairs, not only more rationally, but more like a man concerned for the good of England, than he does of our Interests abroad: For then, instead of examining calmly, how far the friendship of other Countries would at this present be useful to us, he falls into passionate expressions of kindness for the Hollanders; as if our principal design in seeking Foreign Alliances, ought not to be the encrease of our wealth and power, but the finding out humors in another Nation that please us, and the being civil to those with whom we have been longest acquainted. This is a mistake so general amongst us, that I dare not find much fault with it, for fear of being censur'd my self; having observed in most of our discourses upon things of this nature, that though we ought to be in earnest only for our selves, yet out of our extraordinary zeal for some other Country, the debate between us commonly ends in our being ready to go to cuffs one with another. I fully agree with him, that it is the interest of the King of England, to make himself head of the Protestants, and that he should do it, not by being violent for any one Sect, but by taking generally into his Protection all Christians whatsoever, that will not submit to the Government of the Church of Rome. I also approve of his stating the true interest of England to be Trade, of his observation of some of our customs which are useful to it, of his Proposals of new Laws to be made for the advance of it, and of the necessity of having some enlargement given to people in matters of Religion; for whoever considers the advantage England has by its situation, above the rest of the whole world, as to matters of Trade, cannot choose but conclude, that all Traders would desire to live here, if our Laws did not make it uneasie to them. In a word, I differ from him in none of his Maxims relating to our interest at home, and therefore he ought to take it the less ill of me, if I cannot agree with him in all his notions concerning our Alliances abroad. Thus far I am of his opinion, that we ought to keep a good correspondence with Spain, that we should hinder the ruin of Flanders, and that we are to use our utmost endeavours to preserve the command of the Baltick Sea from falling absolutely into the hands, either of the King of Denmark, or the King of Swedeland. I do also believe, the interest of the Hollanders and ours, as to that point, is the same; but why therefore we should be so far transported, as not to care what prejudice they do us in other matters, is a piece of Policy I do not very well understand, neither do I see the consequence why even as to that end, the Dutch must needs be so powerful at Sea, as they are now; for if they were less considerable in shipping, it would not be less their interest to keep the Dominion of those Seas divided, nor less in their power to effect it, by joyning their Forces with ours. In the beginning of his Book, he rightly states the Interest of England to be Trade; but when he comes to his Politicks, he recommends to us in the first place, and as the main point of which we ought to be most careful, that we should be friends with the Dutch, and study their Interest, because they are Traders: never considering that the same reason which should make us endeavour the growth of Trade in our own Countrey, must of necessity oblige us to do all we can to obstruct it in another; and that the strength of his Argument in plain English, is no more than this, That because we love Trade, therefore we ought to love those that take it from us. Had the Author been a Lover, instead of a Politician, he would have known, that Rivals are the things in this world, which men commonly do, and ought most to hate. He goes on and tells us, that it would be of dangerous consequence to England, if the French King should gain any Towns in Holland, because then he would ruine their trade: How right soever he may be in this notion, he is mistaken at least in his reason, for it were certainly better for us, if no people in the world traded by Sea, but our selves. He says, that if the Hollanders and we were joyned, we might both together be very considerable. That cannot be denyed; but what Reason have we to believe, they ever will joyn with us to our Advantage? except it be that they never have done so yet, and that it has been their constant Practice to massacre and make Slaves of our Countreymen in the East-Indies, at the same time they amuse us with fair Promises at home. A Humanity to which they owe more the Greatness of their Possessions in those Parts, than to any other Virtue, for which the Author of this Book can justly commend them. He says, that their being industrious and parsimonious is not a good Reason why we should dislike them; as if we ought to observe the same Rules between us and other Nations, which we are bound to keep amongst our selves. The true Aim of every English Man should be the Good and Prosperity of England; for that Reason Industry and Parsimony are to be wished for in the Inhabitants of England, because they are Qualities advantageous for us, and useful to our Trade: but for the same Reason, they ought not by us to be wished for in the Inhabitants of Holland, because those Qualities in them are prejudicial to England, and destructive to our Trade. In short, we may love particular men for what Reasons we please, but the measure of our Love to other Nations ought to be only their being useful to ours. I do not from hence infer that because of their Parsimony we ought to do them Injustice, but on the other side, I see no Reason why we should receive any from them, because they are a niggardly People. He enters then into a great Admiration of their Morals and Justice, the contrary of which he would certainly have been convinced of, if he had lain but one Night in any Inn of their Countrey. It is true, that almost the whole Nation being Merchants or Tradesmen, every ones Endeavour to undersell his Neighbour, is the Cause why in the Shops things are sold at a pretty cheap Rate; but for this we are to thank their Necessities, and not their Morals, nor their Justice. The Author in one place touches a little upon the Necessity of inviting all Princes whatsoever into the Triple League. A Maxim much in vogue with some, who looking very grave, do therefore take it very ill, if for that Reason, you will not allow them to be infallible. To make appear the Profoundness of which Notion, it is necessary that I explain a little what the Triple League is: The Triple League was made between the King of England, the King of Swedeland, and the States of Holland, when the French King had entred Flanders with a very powerful Army. The Design of this League was to induce the French to make a Peace with the Spaniard, upon such terms as should be proposed to them by the Confederates of the Triple League; and that they might the easier bring this to pass, they were forced to offer such Conditions as were not altogether for the King of Spain's Advantage, though such as preserved the greatest part of Flanders in his Possession. At the same time the Confederates made Articles amongst themselves to help one another, in case any of them should be invaded, for having made the Triple League, either by the French King, the King of Spain, or by any of their Allies. Upon this followed the Treaty at Aix la Chapelle, where the French and the Spaniards accepted of the Articles delivered to them by the Confederates of the Triple League, and the Confederates became their Guaranties or Sureties for the Performance of those Articles on both sides. This being the State of the matter, it is very true, we may admit other Princes into the Guaranty of the Peace, but to say, we should invite them into the Triple League, which enforced the Peace, is as much as to say, we should desire their Conjunction in order to the making of a Peace, which had been already concluded several years before; and that, if you mark it, is such a kind of Figure in Discourse as commonly is called a Bull. Besides, we were then forced to agree to several Articles both with the Swedes and the Dutch, which it would not be for our advantage now to make with the Emperor or the Princes in Germany: it being no Consequence, that because the Swedes, the Dutch, and we did mutually engage to assist one another, upon our own Charge, at a time when we were afraid the French might invade us; that therefore now when we are in no such danger, we should promise to help any other State or Prince, except they will pay us very well for it. They might consider too, if they please, that we are a little nearer Flanders than Hungary; and that it is not altogether so difficult for us, to transport our men to the other side of the Water, as it would be to make them march into the farthest Parts of Germany, as often as it should happen to be invaded by the Great Turk; and that the Emperor should claim our Assistance, because the Great Turk is one of the King of France his Allies. Observe I beseech you, the prettiness of this Politick Gradation, and the Consequence of it, if it were put in Practice: Because we have thought it fit to defend our Neighbours in Flanders, we must therefore presently march into the Empire, to defend there some who are not our Neighbours, nor indeed within the Reach of our Protection. Now I would very fain know by this Rule of theirs, when our poor Countrey-men should hope to be at Rest? For the same charitable Reason would lead us on as well to the farthest Parts of Europe, nay of the whole World, if these Politicians could but catch us once in a good humour. I must confess, if it be our Ambition to gain the Name of Peace-makers General, without any Consideration, either of our own Interest or Profit in the case, then this were the readiest way to compass that End: but if we will look back into the Examples of former Ages, we shall find, though many Nations have gone a great way for Conquest into Foreign Parts, yet that never any before went so far out of the way to defend their own Countrey. There is another Conception of this kind insisted upon by some, as a matter of very great weight, which is, that now we must not fall out with the Dutch upon any Provocation, because that would be a Breach of the Triple League. This (under favour) is an Absurdity yet greater than the former, there being no one thing you can allege as a Consequence to any other thing whatsoever, that will not make every whit as sensible a Conclusion as this. For Example, to say, that you ought not to go to Bed to night, because the King of Spain did not go yesterday a hunting; or that I must not dine to morrow, because Monsieur de Wit loves dancing, is not a more incoherent Discourse, than that because we have promised with the Dutch to save Flanders from the French, therefore what Injuries soever the Dutch shall offer us, we cannot defend our selves against them. The Argument, if you mark it, is just thus, that because I agree with William to save Thomas, therefore I am bound to let William cut my Throat. If those good men that start these Notions, would instead of instructing others, but take the Pains sometimes to think themselves, they would find that Self-Preservation ought to be look'd after a little in these kind of Affairs; And that if the Consequence of the Loss of Flanders did not somewhat concern us, we should be no more in pain about it, than we were for the Conquest of Granada. I shall now take upon me to state the Interest of England, and begin as this Author does, though I differ with him in the Conclusion. The undoubted Interest of England is Trade, since it is that only which can make us either Rich or Safe; for without a powerful Navy, we should be a Prey to our Neighbours, and without Trade, we could neither have Sea-men nor Ships. From hence it does follow, that we ought not to suffer any other Nations to be our Equals at Sea, because when they are once our Equals, it is but an even Lay, whether they or we shall be the Superiours. And it would not be a stranger thing that the Dutch should come to be so from what they are now, than it is, that they are arrived to what they are now, from what they were in Queen Elizabeths time. I shall add to this one Observation, which in my Opinion is very clear: That England has never been so considerable since her time, as it was then, and yet it is much more so in it self, the Kingdom of Scotland being now joyned to the Crown of England, which it was not before. If you enquire into the reason of this, you will find it to be, because we are not now so absolutely the Masters at Sea, as we were in those times: for though we have at present more, and better ships, and a far greater trade than we had then, yet we have of neither so much a larger proportion, in respect to other Nations, as we had at that time. The Dutch who were then but a company of Fishermen, being now both in shipping and trade very near our equals, and if you will take their words for it, our Superiours. And without doubt it is a vain thing for us to pretend to be a ballance between any considerable powers at Land, so long as we are thus equally ballanced at Sea by the Dutch. This it self methinks, should be sufficient to make us not very well pleased with the change of our condition; but our case has yet in it a a a further consideration, that we are by this means in a perpetual danger of being conquered. For though the Dutch alone cannot do it, yet by joyning with France they may, and it is that which a considerable party amongst them has been labouring for these many years. To this it is objected, that it can never be the interest of Holland to joyn with France in the conquest of England; but for ought we know they may mistake their interest, and certainly it is not wisdom in any Nation, to have its safety depend upon the prudence of another: Besides, it does not appear to me, that it is not the interest of Holland to have England conquered by them and the French: For first, they may make such a division of England, as to keep to themselves the most considerable parts in it for trade, and being Masters of the French at Sea, they will be sure to make their party good with them in an Island. In the next place, those parts of England which should fall to be under the French, would be inconsiderable as to matter of Trade; that, and their Arbitrary way of Government, being incompatible one with another. And the reason is plain, for there are few that will put out their money upon this double adventure, of losing it at Sea, or having it taken from them when it comes home again. Besides, the nature of the English is so averse to the Government of France, and our Religion so different from theirs, that if England should happen thus to be conquered, they would be likelier to close with the Dutch, than become subject to the French. All the Trading men would live under the Dutch, and by consequence they would have all the rich Towns, and it is no difficult matter to determine what influence those Towns would have over the rest of the whole nation. For the very same reasons, if ever Holland should be in danger of a conquest, by the conjunction of the French and us, the Dutch would rather choose to become part of our Government, then submit themselves to the power of France. Against this I have heard some say, that because we endeavour to obstruct their Trade, the Dutch will never joyn with us: But those Gentlemen do not consider, that upon our conjunction all such endeavours would cease; for it would then be as much our interest, to promote their trade, as the trade of any other part of England. Another Argument which I have met with upon the same subject is, That the fear of us would force the Dutch to accept of conditions from the French: But upon a true examination of the matter, there will be found in the practice of it this difficulty, that the French will not trust to what the Dutch shall promise, without having such a power given them in their Country, as may force them to keep their words; and the Dutch will hardly trust the French with that power, lest it should be made use of to their prejudice, whether they keep their words or no. In short, the usual course that all men take, when they are no longer able to defend their own Government, is to choose what is next best for them. So that the natural question, if that should happen, must necessarily be, Whether, considering our Laws, and the Situation of our Country, the proffer of a Coalition with England, would not prove more acceptable, and more advantageous to a trading people, than any Terms they can expect from the French. The Sea Towns at least would fall to be our share: And then, though the French should be Masters of the rest of the whole States Dominions, we should have no reason to complain of our part in the Division. Nay, supposing the worst, that we should be so ill advis'd, as to let the French take all, and leave us nothing; yet, even in that case, the French King would rather make their strength at Sea inconsiderable, by their being subject to him, than his own more formidable, by his being their Master. For the power of Holland depends upon two things, their Parsimony, and their Liberty. By their Liberty, they are encouraged to trade, and by their Parsimony, they are enabled to do it cheaper than any other people. Both which would certainly be destroyed by the profuseness of the French living, and the Severity of their Government. I do not pretend, that all this is as plain, as that two and two make four, it being impossible to use that certainty of reasoning in things of this nature: but thus far I dare affirm, that no man can be assured, but that some time or other the Dutch may take it to be their interest to joyn with France in the conquest of England; for which reason, I lay it down as a maxime, That we must never give them leave to be our equals at Sea. In the next place, I think it our interest to preserve Flanders from being over-run by the French, lest that might prove of a dangerous consequence to us. But no apprehension of danger, ought to frighten us into a certain ruine; and therefore at the same time we are securing others by the Triple League, we may be allowed at least, to take some care of our own safety; for if whilst we labour to save the Crown of Spain, we suffer the Dutch to rob us of our trade, we shall make in my judgement, but a very ill bargain for our selves; and the world would have just cause to believe, the Dutch are our Masters already in point of understanding, if they could impose upon us so silly a notion, as that we should employ our strength to support their Government, and let them use their Arts to cut off the Sinews of ours. I told you at first the reason why I send you now these Papers, and if you find any thing in them with which you cannot agree, I shall be so far from being angry at your differing from my opinion, that you will do me a favour in convincing me to be of yours; being very much perswaded, it is better for a man to be really in the right, than to have it only thought he is so, either by himself or other people. My aim in this is, that the Interest of England may be throughly search'd out; and I can truly say for my self, I never yet had any design, but what I believed was for the Honour, the Greatness, and the Prosperity of this Nation.

Politics

A LETTER TO Sir Thomas Osborn, One of His Majesties Privy Council, Upon the Reading of a Book, called, The present Interest Inteerest of England stated.

A letter to Sir Thomas Osborn, one of his Majesties Privy Council, upon the reading of a book, called The present interest of England stated.

PolA1684

ALthough the Kings Title to his Crown and Dignity, together with his just Right and Authority, over all Persons and in all Causes, are beyond Exception establish'd, by the Ordinance of God, and the known Laws and Constitutions of these Kingdoms; yet so far hath Prejudice, or something worse, prevail'd with some Men (and those not of the meanest Rank) as to suffer themselves to be led into a Belief. That the Original of all Government is from the People; and that the Power which Kings and Princes have, was derived unto them from the People by way of Pact or Contract. Particularly, That the King of England (as appears from his CoronationOath) having solemnly engaged to his People, to maintain Religion, to execute Justice, and to keep the Laws and rightful Customs of the Kingdom; upon these Conditions was admitted to the Kingly Power. The which Conditions if he shall omit to observe (and of this they themselves will be Judges) they then fancy, that he hath forfeited his Crown; and that the People who first made him King may, by their Representatives in Parliament, dethrone and Depose him. That this is the Scheme of some Mens Policy, the many Treasonable Papers, such as, The Association, Vox Populi, Appeal to the City, Coll. SIDNEY'S Papers, &c. together with the late horrid Conspiracy grounded thereupon, do sufficiently demonstrate. And therefore I hope it will be no unseasonable Undertaking; but may, through Gods Blessing, contribute somewhat to secure the King's Liege-People in their due Obedience, whilst I endeavour to evince the Falseness and destructive Consequences of these Anti-monarchical Principles. Which that I may the more effectually, and with the greater clearness perform, I shall first lay down the utmost Strength of their Cause in one intire Objection, and then endeavour their satisfaction in the following Answer. OBJECTION. THE Government of England is a mixt Monarchy, consisting of Three Estates King, Lords and Commons: And therefore the King of England is not an Absolute, but a limited Monarch; and as Such is to govern by, and according to, the Laws of the Land, and not otherwise: And by the Oath which he hath taken at his Coronation, he is obliged to use the Power, Trust and Office then committed to him, for the Good and Benefit of the People, and for the preservation of their Rights and Liberties. Now if the King, thus entrusted to keep the Laws, and preserve Religion, should be guilty of a wicked Design, to subvert our Laws, and destroy our Religion, by introducing an arbitrary, Tyrannical Government; he must then understand, that he is but an Officer of Trust: And the Parliament of England (the Representatives of the People, in whom all Power doth originally reside) they are to take order for the Animadversion and Punishment of such an offending Governor. Parliaments were ordain'd to restrain the exorbitant Power of Kings, and to redress the Grievances of the People. It is very true, what some have said, Rex non habet parem in Regno. But this is to be understood in a limited Sense: For though major singulis, yet he is minor universis. This we know to be Law, from that famous Lawyer BRACTON: Rex habet Superiorem, Deum & Legem, etiam & Curiam. Which is thus Interpreted by Mr. SIDNEY. For this Reason Bracton saith; That the King hath Three Superiors, to wit, Deum, Legem & Parliamentum; That is, The Power originally in the People of England, is delegated unto the Parliament. SIDNEY'S Tryal, pag. 23. That is, as I conceive, the Sum of all that hath been, and the utmost of what, I suppose, can be said in this matter. To which I return this ANSWER. THAT this Phrase a mixt Monarchy, though somewhat frequent in the Mouths of these Men, is yet no very plain or intelligible Expression. For, if by a mixt Monarchy, they design such a Government, wherein though the Surpream Power may reside in one single Person, yet the Monarch is so limited in the Execution of that Power, that he cannot legally perform several Acts of Soveraignty without the Concurrence of his Subjects (as with us here in England, the King neither makes LAWS, nor doth raise Taxes without his Parliament) If this be the utmost they design, when they call England a mixt Monarchy; then, though the Expression is very improper (an arrand Bull, a flat Contradiction in adjecto) yet where we are agreed in the Thing, we shall not contend about VVords; but may safely grant, that in this Sense, as now explain'd, The Government of England is a mixt Monarchy. But if by a mixt they denote such a Monarchy, wherein though the Style and Title of King, together with some Ceremonious Appendices of Royalty, as Cap and Knee, Guards, &c. are indeed invested in One single Person, yet the Supreme Power and Soveraignty is not solely and intirely in the Monarch, exclusively to all others (as with us here in England, say these Men, the Soveraignty by way of Coordination, is partly in the King, partly in the Lords, and partly in the Commons, and for this reason they are styled the Three Estates of the Kingdom) if this be their Notion of a mixt Monarchy (as most plainly it is, if Actions may interpret Intentions) it is then not only false and absurd, but dangerous and destructive. And therefore in this Sense we do peremptorily deny; That the Government of England is a mixt Monarchy. For, The Supreme Power is solely in the King; and consequently the King is not, by way of Coordination, One of the Three Estates, but the HEAD and Soveraign of them all. In order to this Conviction, the Dissenting Republican, who denyes this Truth, may please to consider, That he who shall desire to inform himself rightly, where the Supreme Power in any Government is plac'd; as also by whom, how and how far such Power hath from time to time, been either exercis'd or restrain'd; he must of necessity have recourse to the Publick Laws and Constitutions of such Government. Particularly here in England, he who designs to be truly instructed in this matter; he must not receive his notice from the Discourses of private men (which are many times fallacious, partial and uncertain) but he ought to consult the Known Laws and Statutes those Authentick Records of the Kingdom. Now the Oath of Supremacy, establish'd by several Parliaments, doth expresly Declare; That the Kings Highness is the only Supreme Governor of this Realm, and of all other his Highness Dominions and Countries, as well in all Spiritual or Ecclesiastical Things or Causes, as Temporal. Words as plain and intelligible as the Wit of Man could devise. From whence 'tis obvious to make this Inference; That if the King is Supream, then he hath no Superior; if only Supream, then no equal. If over all Persons (and as such the 55th. Canon enjoyns us to acknowledg him in our Prayers) then All Persons in these his Realms, and all other his Dominions and Countries, are subordinate or Subject unto him, and if subordinate, then none of them, either severally or joyntly are coordinate with him. Now is it possible, after so plain and express a Determination, for any Man to doubt; That the Supream Power is solely in the King? I observe it is possible: For, some Men who will not be satisfy'd with Reason, do thus urge. That the Oath of Supremacy, being expresly levell'd against the Usurpations of the Church of Rome, was consequently so fram'd as to discover those who are Popishly affected. For, the Persons taking that Oath are obliged only to Declare; That they Renounce all Foreign Jurisdictions: i.e. They do swear; That the King of England is no Feudatory Prince, and that he holds not his Crown in Fee, either from the Pope, or any Foraign Power whatsoever. But what is all this, say these men, to the Parliament? Or, how come this Oath to be urg'd against the Jurisdiction of the two Houses? Since in those very Statutes in which this Oath is enjoyn'd, the Legislative Power (which doubtless is the Supream Power) is expresly Established in the Parliament, as well as in the King, in these Words. Be it Enacted by the Kings most Excellent Majesty, the Lords Spiritual and Temporal and the Commons in this present Parliament assembled, and by the Authority of the same. Lords Spiritual and Temporal and the Commons do Enact joyntly with the King, and therefore have a Coordinate Power. To which it is thus Reply'd. That when this Oath of Supremacy was first framed, the Pope being then the most noted Usurper, was for that reason more particularly mention'd than any other; but from thence to infer. That it was design'd, by way of Test, to discover Those, who are Popishly-affected, is a very great Mistake. For, the Supremacy of the Kings of England, being the chief Prerogative of the Crown, was always challeng'd and maintain'd by V. 27. Ed. 3. c. 1. 3 R. 2. c. 3. 7 R. 2. c. 12. 16 R. 2. c. 5. 2 H. 4. c. 4. 6 H. 4. c. 1. 24 H. 8. c. 12. 25 H 8. c. 19. 26 H. 8. c. 1. 37 H. 8 c. 17. Parl. 2. l. Mar. c. 1. Popish Princes as well as Protestant, 1 Eliz. c. 1. 5 Eliz. c. 1. 13 Eliz. c. 2. as appears by these several Statutes here mention'd in the Margent. The Intent then of this Oath was not to discover who are Papists, but in plain Terms, who are Traitors: And therefore let Mens Pretences to Religion be otherwise what they will; if by scrupling this Oath, they refuse to give assurance to the Government, that they will be honest and loyal, they are to be esteem'd, if not Traitors, yet at least Trayterously affected. And whereas they further urge, That the Coordinate Power of the Parliament is no way condemn'd by this Oath; which only takes notice of a Foraign Usurpation; They are for their satisfaction, desired to consider, That, since rectum est Judex sui & obliqui, Domestick Usurpation is hereby excluded as well as Foreign: The Soveraignty of the People as well as of the Pope. And as to that which is pleaded from the Form of the Statute, by the Authority of the same, as if the Lords and Commons did by their Authority, make and enact Laws joyntly with the King; To this I do humbly Answer, That this Expression, if duly consider'd, doth not in the least favour the Republican Fancy of a Coordinate Power. Which I shall best express to vulgar Capacities (for whom this Discourse is chiefly design'd) thus faithfully by representing the Matter of Fact. Although the Legislative Power is solely in the King, yet His Majesty doth not make Laws, without the concurring Advice and Approbation of his Subjects: For the King, like other Men, being mortal and of limited Capacity, is neither omniscient nor omnipresent. He cannot be in all Parts of his Dominions at one and the same time, and consequently can no otherwise be acquainted with the Grievances of his Subjects, but by the Reports of others. To supply this Defect, he calls whom he pleaseth (such as he thinks able and faithful to assist and direct him) to be of his Privy Councel; whose advice he takes in the Execution of those Laws which are already Establish'd. But since all human Laws are liable to Defects (for it is the sole Prerogative of Gods Law, as being the result of Infinite Wisdom and Goodness, to be exceeding broad; to be fitted to all times, and to answer all occasions) it is therefore sometimes necessary that new Laws should be made, and the old ones either abrogated and null'd; or else reinforc'd with greater Penalties. In such Cases, according to the happy Constitution of these Nations, the King summons his Great Council; the High and most Honourable Court of Parliament; The Lords Spiritual, the Lords Temporal and the Commons; Representing the Three Estates of the Kingdom; Who coming from all Parts of the Nation, are best able to inform His Majesty of the Grievances of his Subjects; and by what Ways and Methods they may most suitably be redress'd. In order hereunto; when any Proposal, or as we phrase it any Bill, hath pass'd the Approbation of the Two Houses; it is then humbly presented to the King for his Royal Assent. Which if His Majesty thinks fit to grant, then Le Roy le veult, makes it a Law: But if the King shall dislike the Bill, he then rejects it, with a Le Roy ne veult, the King will not pass it; or else in that more obliging Form of Denyal, Le Roy avisera, the King will consider or advise about it. This is the plain matter of Fact. From whence 'tis very easie to understand, what this Form of words, By the Authority of the same doth import, viz. not of the same Lords and Commons (as if either Lords or Commons had an Authority contradistinct from, or coordinate with, the King) but by the Authority of the same Parliament. The which Parliament, as Sir Edw. Cooke Instit. part 4. Cap. 1. p. 1. informs us, consisteth of The Kings Majesty, sitting there as in his Royal Politick Capacity, and of the Three Estates of the Realm, viz. The Lords Spiritual, the Lords Temporal and the Commons. So that in Propriety of Speech, neither the Lords nor Commons (though in a vulgar Sense, and to some purpose purposes, they are sometimes so called) I say neither Lords nor Commons strictly and properly are a Parliament without the King; who summoning them by his Writs; and presiding over them as their Head, animates and informs them, and makes them a Legal Parliament, who otherwise, without the Royal Summons, would be no better than an unlawful and riotous Convention. The Lords and Commons have indeed an Authority, to meet and sit and debate as a Parliament; But they have this Authority solely from the King, and not from Themselves or from the People: For, the King Calls them when he pleaseth, and so makes them a Parliament; and he Dissolves them when he thinks fit, and so makes them none. Again, The Lords and Commons have an Authority, but not to Enact or make Laws (for the Words, Be it enacted refer only to the King) but to advise and consent to such Laws as shall be made by the King: And therefore this Phrase, Be it enacted by the Kings most excellent Majesty, the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, &c. hath an Ellipsis in it; and is to be read thus. Be it enacted by the Kings most Excellent Majesty, by the Advice and with the Consent of the Lords Spiritual and Temporal and the Commons in this Parliament assembled, &c. Advice and Consent though for Brevities sake they are not always express'd, yet are still to be understood. And for the Truth of this, I appeal to the Form of our antient Statutes (as also to some modern ones) and that not only in the Title, but also in the Preface and Sanction of them. For till the time of Henry VIII. the words Advice, Assent or Consent were never omitted. As appears from the Statutes themselves, to which recourse to be had. From these Premises it plainly appears, That the Supreme Power is solely in the King; and, That the Two Houses of Parliament are (not Partners in the Government but) his most Dutiful and Loyal Subjects; as in all their Petitions most truly they do stile themselves. And that this Form in our Statutes, By the Authority of the same, when rightly understood, doth neither give them Title to make Laws, nor perform any other Act of Soveraignty, which may countenance this Fancy of a Coordinate Power. The next Pretence of these Republican Politicians (which I find they often urge in vindication of the late Rebellion) is this; That the King is One of the Three Estates; and from hence they infer: He hath but One share in the Government; and that the other Two are Co-partners with Him. The which Suggestion being apparently False, I shall need to say the less in it's Confutation, especially being so happily prevented by a late Learned Head, viz. The Grand Question concerning the Bishops Right, &c. The judicious Author of which Treatise having first premised; That the whole Parliament assembled, are the best Judges, which are the Three Estates in Parliament; and that their Authority is more to be valued, than that of any particular Persons, whether Lawyers or others; He then, in many Instances, informs us from the Parliament Rolls and publick Records of the Kingdom; That the Three Estates are the Lords Spiritual, the Lords Temporal and the Commons. In these Records we read of Impeachments made before the King, and all the Estates of the Realm. R. 2. Of Commissions appointed by the Peers and Lords Spiritual and Temporal, and the Commons of the Kingdom, representing all the States of the Kingdom. R. 2. Of such and such things, advised and appointed by the Authority of the King, assenting the Three Estates of this Realm. 6 H. 6. n. 24. The Duke of Bedford appear'd in Parliament before the King and the Three Estates of this Realm. 11 H. 6. n. 10. In the Parliament 1 H. 6. The Queen Dowager, in her Petition, mentions the Ratification made in Parliament, 9 H. 5. and saith; It was not only sworn by the King, but by the Three Estates of the Kingdom of England, i.e. by the Prelates, Nobles and other Grandees, and by the Commons of the Realm of England. And to add one Instance for latter times in the Parl. 1 Eliz. cap.3. The Lords Spiritual, the Lords Temporal and the Commons declare, That they do represent in Parliament the Three Estates of the Realm. With several others which I shall not mention, but refer all those, who either want or desire satisfaction, to the Book it self. And as to my plain, honest Reader, who hath neither ability nor opportunity to consult these Publick Records, I shall desire him to open his Common-Prayer-Book; and to turn to the Office for the 5th. of November. In the Preface of which he thus reads, A Form of Prayer with Thanksgiving --- for the happy Deliverance of the King, and the Three Estates of the Realm. And in the Collect before the Epistle, We acknowledg the Power, Wisdom and Goodness of God, in preserving the King, and the Three Estates of this Realm assembled in Parliament. It thus evidently appearing; That the King is not One of the Three Estates, and consequently, that his Authority is not limited or restrain'd, by the Coordinate Power of the other Two; we may with better assurance proceed to examin the Truth of their next Suggestion, viz. That the King of England is not an Absolute Monarch. In which Inquiry, least I should diminish the Kings just Right and Prerogative on the one hand, or encroach upon the Subjects Freedom and Liberty on the other, I must neither affirm nor deny without due Distinction. Now the Kings Power and Authority doth admit of a Twofold Consideration. For, either we may observe it's efficient Cause; the Spring and Fountain from whence it flows; or else may take notice of the Execution and Administration of it. As to the First of these; If the Question should be asked; whence hath the King this Power to Rule and Govern these Nations? Who gave him this Authority? To this a just Answer may be suggested from His Majesties Royal Motto; DIEU ET MON DROIT, God and my Birth-right have given me these Kingdoms. If it further be demanded, How Birthright doth Entitle to a Crown? 'Tis then truly replyed That it is a Fundamental Law of England, That the Crown doth descend to the next in Blood; England being not an Elective but an Hereditary Kingdom. And from hence we are occasionally instructed, how to understand that Controverted Place in Bracton (which I therefore mention because I find it repeated with great Triumph in several Pamphlets) Lex facit Regem; the Law makes the King; The Law, i.e. The Law of Succession. Lib. 1. c. 7. f. 5. and Lib. 3. c. 9. f. 107. In which Sense doubtless my Lord Cook (as I have somewhere read) told King James, That the Law set the Crown upon his Head. And it is the same Law that set the Crown upon the Head of His Present Majesty. For though His Majesties personal Qualifications deserve a Crown; yet it was not any Acceptance or Consent of the People, express'd at his Coronation or otherwise, but it was his Birth-right only which made him King, because Son and Heir apparent of King Charles the First. This is the full Import and Meaning of that saying of Bracton. But now from hence to infer (as some canting Polititians have done) That because The Law, in this Sense as now explain'd, makes the King; therefore the Law is Superior to the King; therefore the Law hath a Coercive Power over the King; therefore, If the King shall neglect to Discharge his Trust, the Parliament of England (who are not only the highest Expounders, but the sole Makers of the Law) can by that Law which made him King, censure and condemn him for his Neglect. Bradshaw's Harangue at the Kings Tryal. I say thus to infer, is not only false and explosive in it self; but Treasonable to the King, and Destructive to the Kingdom: But of this, God willing, more fully in it's proper Place. It may suffice at present to observe, that the Crown of England is an Imperial Crown, i.e. Such a Crown which as to the Coercive part, is not subject to any human Tribunal or Judicature whatsoever, as most plainly appears from our Law-Books and Statutes. It was asserted in our Laws in the Time of King Richard the Second, That the Crown of England hath been so free at all times, that it hath been in no EARTHLY SUBJECTION BUT IMMEDIATELY SUBJECT TO GOD, in all things touching the Regalty of the same Crown, and to none other. 16 R. 2. c. 5. And in 24 H. 8. it was declared in Parliament, That this Realm of England is an Empire, and so hath been accepted in the World, govern'd by one Supreme Head and King, having the Dignity and Royal Estate of the Imperial Crown of the same; unto whom a Body Politick of Spiritualty and Temporalty, been bounden and owen to bear NEXT TO GOD; a natural and humble Obedience. 24 H. 8. c. 22. And 25 H. 8. It is Declared; That This Realm, recognizing NO SUPERIOR UNDER GOD, BUT ONLY THE KING, hath been, and is free from Subjection to any man's Laws, but only to such as have been devized within the same. V. 1 Eliz. cap. 3. & 1 Jac. c. 1. which are very pertinent to be perused, in confirmation of these preceding Statutes. 25 H. 8. c. 21. And if private Authorities may not seem superfluous after the recital of such Authentick Records, I might largely confirm this Supreme Independent Power of the King, by the repeated Testimonies of our most eminent and noted Writers. But because I would not be too tedious, I shall mention none but the forecited Bracton Lord Chief Justice under Henry the 3d. And I the rather take notice of Him, because some passages in his Works have been perverted and abused, by the IGNORANCE and MALICE of ill designing Men. From this Learned and Judicious Author we are thus instructed. Omnis quidem sub eo, & ipse sub nullo, nisi tandtum sub Deo. Parem autem non habet in Regno suo, quia sic amitteret preceptum. All Ranks and Degrees of Men are subject to the King; but the King himself is under none but God. There is none equal to him, or coordinate with him in the Kingdom; such a fancy being wholly inconsistent with his Kingly Power ------ Si autem ab eo petatur (cum breve non currat contra ipsum) locus erit supplicationi quod factum suum corrigat & emendet, quod quidem si non fecerit, satis sufficet ei ad panam quod Dominum expected ultorem. Nemo quidem de factis suis præsumas disputare, multo fortius contra factum suum venire. Vid. Bracton de Leg. Ang. Lib. 1. cap. 8. Sect. 5. fol. 5. And if any Man hath occasion to implead the King (since no Writ can be taken out against him) he must then proceed by way of Petition. But if the King shall still refuse to do him right, it will be sufficient punishment for him to expect the Lord as an Avenger. Doubtless no man should presume to question the Kings Actions; much less to oppose them by force. And in his 5th. Book de Defaltis Cap. 3. Sect. 3. he speaks the same Language. For having put the Case, That if the King being Petition'd to redress the Grievances of his Subjects, should yet neglect to grant them Justice, what further course the Subject might take for his Relief? He Rules it thus. Quo casu cum Dominus Rex super hoc fuerit interpellatus, in eadem voluntate quod velit tenentem esse defensum cum injuria, cum teneatur Justitiam totis viribus defensare, ex tunc erit injuria ipsius Domini Regis, nec poterit ei necessitatem aliquis imponere quod illam corrigat & emendet nisi velit, cum superiorem non habeat nisi Deum, & satis erit illi pro pœna quod Deum expectet ultorum. Bracton Lib. 5. de Defaltis c. 3. Sect. 3. fol. 368. If the King, who is bound to administer Justice to his utmost Power, will not recal the wrong he did upon a false Suggestion; in this case he injures his Subjects, but no body can force him to do Right; because he hath no Superior but God only. And it is sufficient that we shall have a day of hearing hereafter at a Just Tribunal. V. Lib. 2. c. 24. Sect. 1. p. 55. & lib. 2. c. 37. Sect. 5. p. 87. & lib. 3. c. 9. Sect. 3. p. 107. But here I am Allarm'd with that noted saying of this Author; Rex habet Superiorem, Deum & Legem etiam & Curiam. And there is scarce a Pamphlet, pretending either to Law or Latin, which doth not triumph in this Sentence of Bracton. Vid. Sidney's TRyal p. 23. I am therefore oblig'd, for their sakes who may otherwise be misguided, to endeavour the full Sence and Meaning of these Words. In order to which Task, and that he may the better apprehend the clearness of my Answer, I must trouble my Reader to peruse the whole Section. De Chartis vero Regiis & factis Regum, non debent nec possunt Justiciarii, nec privatæ personæ disputare; ne etiam si in illa dubitatio criatur, possunt eam interpretari, & in dubiis & obscuris, vel si aliqua dictio duos contineat intellectus Domini Regis erit expectanda interpretatio & voluntas, cum ejus sit interpretari, cujus est concedere, & etiam si omnino sit falsa propter rasurani, vel quia forte signum appositum est adulterinum, melius & tutius est quod coram ipso Rege procedatur ad Judicium. Item nec factum Regis, nec chartam potest quis judicare, ita quod factum Domini Regis irretetur. Sed dicere poterit quis, quod Rex Justitiam fecerit, & bene, & si hoc, eadem ratione quod male, & ita imponere ei quod injuriam emendet, ne incidat Rex & Justic. in Judicum viventis Dei propter injuriam. REX AUTEM HABET SUPERIOREM, DEUM, S. ITEM LEGEM, PER QUAM FACTUS EST REX, ITEM CURIAM SUAM, viz. Comites, Barones, quia Comites dicuntur, quasi socii Regis, & qui habet Socium, habet Magistrum, & ideo si Rex fuerit sine fræno, i.e. sine Lege, debent ei frænum ponere, nisi ipsimet fuerint cum Rege sine fræno, & tunc clamabunt subditi & dicent, Domine Ihesu Christe in chamo & fræno maxillas eorum constringe, ad quos Dominus, vocabo super eos gentem robustam & longinquam & ignotam, cujus linguam ignorabunt, quæ destruet eos, & evellet radices eorum de terra, & a talibus judicabuntur, quia subditos noluerunt juste judicare & in fine, ligatis manibus & pedibus eorum, mittet eos in caminum ignis & tenebras exteriores, ubi erit fletus & stridor dentium. V. Lib. 2. c. 16. [sect]. 3 fol. 34. This is the Section, in which that controverted Passage, Rex habet Superiorem, &c. is contain'd. Now as preparatory to a just Explication, it will be pertinent to consider these Two Things. First, That all difficult and obscure places in any Author, ought to be determined by such as are plain and obvious; but not e converso; and therefore, Secondly, When we doubt of the true Sence of an Author, it is much more modest as well as charitable, to confess our own Ignorance, and to say, we do not know what he means, rather than to calumniate and mistake him, by affixing such a Sence to his Words as he never intended. And consequently, it might be a sufficient Answer to affirm; That since our Bracton hath so plainly and so often told us; That the King is under none but God, That all Orders and Degrees of Men are Subject to the King, That he hath no equal much less Superior, That no man should presume to question his Actions, &c. It evidently follows, That whatever can be understood by this Curia (whether Lords or Commons) yet this Curia is not Superior to the King: It neither gave him his Authority at first, nor hath the least shadow of a Cooercive Power, to limit and restrain him. For certainly that cannot be the meaning of Bracton, which he hath so expresly contradicted in other parts of his Works. But that I may Answer as well as Evade, I now come to explain, what I think to be the true Sence and Meaning of these Words, Rex habet Superiorem, &c. The Subject matter of this Second Book of BRACTON is, De acquirendo rerum Dominio. It explains the nature of Legal Titles; and sets forth the several ways, by which a man may acquire such a Right and Property in the thing possess'd as to call it his own. And amongst many others, DONATION as being the chief, is more particularly consider'd by him. Now these Gifts or Grants (as he tells us in the beginning of this 16 Chap. Sect. 1.) fiunt in scriptis, sicut in Chartis, ad perpetuam memoriam, propter brevem hominum vitam, & ut facilius probari possit Donatio. They are for Mortalities sake, put into Writing, that so the Donee (should his Title be question'd) by the Evidence of such enrolled Deeds, may secure his Possession. Of these Grants or Charters, some are made by the King; others by private Men. And having largely discours'd of these private Charters, Sect. 2.4. and so on; in this intermediate 3d. Sect. he more particularly gives us his Judgment de Chartis Regiis; which by way of Eminency are stiled Charters. De Chartis vero Regiis & factis Regum, non debent nec possunt Justiciarii, nec privatæ Personæ disputare: Neither the Who are here meant by those Justiciarii, let the learned in the Law determine. Justiciarii nor private persons, have any Commission to dispute the Kings Charters; or to question any other of his Majesties Proceedings; nec etiam si in illa dubitat io oriatur, possunt eam interpretari: For where the Royal Grant is doubtful and obscure, it would be presumption in them to pretend to explain it. Et in dubiis & obscuris, vel si aliqua dictio duos contineat intellectus, Domini Regis erit expectanda Interpretatio & voluntas; cum ejus sit interpretari cujus est concedere. But if any part of it be ambiguous, and doth admit of a double Sense, than the Kings pleasure (since His Majesty who first made the Grant best knows his own Mind) is the surest and most authentick Interpretation; Et etiam si omnino sit falsa propter rasuram, vel quia forte signum appositum est adulterinum, melius & tutius est quod coram ipso Rege procedatur ad Judicium. Moreover should there be suspicion, that any Charter (either by erasing or corrupt Interpolation) hath been falsely transcribed, 'tis the best and safest course, to determine the matter before the King himself. Item nec factum Regis, nec chartam potest quis judicare, ita quod factum Domini Regis irritetur. However (as was said before) let no man presume to censure the Kings Charters, or any other of his Proceedings, so as to make null and void the Act and Deed of our Lord the King. Sed dicere poterit quis, But here it may be Objected, quod Rex justitiam fecerit & bene, If the King will do Justice, 'tis well; & si hoc eadem ratione quod male, & ita imponere ei quod injuriam emendet, ne incidat Rex & Justic. in judicium viventis Dei propter injuriam, and should he not do Justice, it seems that must be well taken too, since no body dares tell him that he doth amiss, and accordingly there will be none to admonish him to correct his fault, that so he may escape the Judgment of the living God. To this Objection BRACTON returns an Answer, though indeed not ushered in with the usual Formality of a Sic Respondeo. And his Answer is this; Rex autem habet Superiorem, &c. 'Tis true indeed, none can controle the Kings Person or censure his Actions (his Majesty being Supream over all Persons, and in all Causes) autem; but yet we have these encouraging Reasons, that the King will do Justice, and govern his People according to Right. For 1. Rex habet Superiorem, Deum, sc. As high and as great as the King is, there is one higher and greater than he, even Almighty God; The King of Kings and Lord of Lords. It is therefore much hoped; that a due Sense of this dreadful Majesty (before whose Tribunal the greatest Monarchs as well at the meanest of their Subjects must one day appear) may over-awe and restrain the King from all unjust and injurious Proceedings. 2. Item Legem per quam factus est Rex. And moreover the better to enable the King to do Justice, there is a Law to direct him in his Interpretations, the which Law his Majesty is obliged even in gratitude to observe, since it was the Law which made him King. (But how this must be understood is already explain'd.) 3. Item, Curiam suam, viz. Comites, Barones; but besides these Two preceding Considerations, there is a Third Expedient to restrain the King from all unjust and exorbitant Proceedings. For, as there is a God in Heaven to overawe him; and as there is a Law on Earth to direct him: So likewise he hath his Curia, to admonish and advise him, viz. Comites, Barones, quia Comites dicuntur quasi Socii Regis; His Nobility, his Earls and his Barons; who by reason of their constant attendance at Court, are admitted into a nearer Familiarity with his Majesty, and are, as it were, the Kings Companions. Et qui habet Socium, habet Magistrum; and by such Intimacy as this, they are, in some sort, the Supervisors and Censors of his Actions; Et ideo si Rex fuerit sine fræno, i.e. sine Lege, debent ei frænum ponere. If therefore the King shall omit to observe the Laws; 'tis then their Duty to admonish him of his neglect; saying, SIR, This is the Law, this should bridle you; this should limit and direct your Actions. And this doubtless they will do, nisi ipsimet fuerint cum Rege sine fræno; unless they themselves have a mind to be lawless as well as the King. But if matters should be brought to this pass, what shall then the poor Subjects do? how shall their Grievances be redress'd? Shall it not then be lawful to take up Arms (in the just Defence of King and Kingdom) to remove these evil Councellors from the King? No such matter! & tunc clamabunt subditi & dicent, Domine Iesu Christe, in chamo & fræno maxillas eorum constringe; Our honest Bracton allows the Subject no other Arms against his Soveraign, but the old Primitive Artillery of Prayers and Tears. Ad quos Dominus, vocabo super eos gentem robustam & longinquam & ignotam, &c. And if the Subjects being under any Oppression, shall thus dutyfully refer their cause to God, he will then take Care to do them right; and will not only restrain, but also punish their Oppressors: As our Author more fully explains to the end of this 16. Section, which I shall not need to translate any further, there being no difficulty in it. If this Paraphrastical Translation (which I thought would most naturally lead us to the true sence of the words) doth not yet fully remove the Doubt; I shall then, for the Readers satisfaction, give this further Interpretation. BRACTON in this 2d. Book Chap. 16. [sect]. 3. is discoursing (as I have already observed) de Chartis Regiis. And he tells us; that the Royal Charters, when either doubtful or obscure, are to be determined coram Rege i.e. in the Courts of Kings-Bench and Chancery. (For these being the Kings own immediate personal Courts, in one of which the Kings of England have formerly sate in Person, all Writs returnable there run in this Style, coram nobis; and all judicial Records there are stiled, and the Pleas there holden entered Coram Rege. And therefore this Phrase in BRACTON Coram Rege is, I think warrantably render'd, the Courts of Kings Bench and Chancery. Now if the Plaintiff shall suspect, that the Proceedings in these Courts are not just and equal, he may then make his Appeal. For the King hath not only Legem; his ordinary Courts of Justice, but also Curiam suam, (viz.) Comites, Barones His HOUSE OF LORDS. The Cause may then be removed by Writ of Error, or by Appeal into the House of Lords. But if the Party shall still complain that he hath not Justice; there is then no other Remedy but Prayers and Patience. For, this House of Lords being the Supreme and highest Court of Judicature, no Earthly Appeal can be made any further. Sistendum est in aliquo. In all Judicial Proceedings, Ecclesiastical and Civil, there must be a non ultra . For, as the Law of Nature doth instruct us, that Appeals must of necessity be allowed (otherwise those Injuries which may be occasion'd, through the Ignorance or Corruption of inferior Judges could never be redress'd) so the same Law doth also teach us; That Appeals must not be Infinite; i.e. There must be some Supreme Power, in whose final Determination (be it right, or be it wrong) all Inferiors must acquiesce and submit. Otherwise, no Controversies could be decided; nay, there could be no Government, nothing but Disorder and Confusion in the World. These are my present Thoughts of this difficult Passage: And whether I have yet given it's proper Sence is humbly submitted to the Impartial Reader. But whether I have or have not; the Republican Objector is again desired to take notice; That whatever else can be the meaning of these Words, yet our Bracton doth not affirm this Curia to be superior to the King; Such an Interpretation being inconsistent with Grammar as well as Loyalty. We have this Rule in our Syntaxis; that, If the Relative be referr'd to two Clauses or more, then the Relative shall be put in the Plural Number. If therefore this Relative word Superior do refer not only to Deum, but also to Legem and Curiam, it should not be Superiorem in the Singular, but Superiores in the Plural. Bracton was not only very learned and judicious as to his Sence, but also (considering the Age he lived in, and the Subject he discours'd on) very polite and elegant as to his Style; and consequently we must not suppose him guilty of so gross a Solæcism, which the meanest School-Boy is able to correct. If the Patrons of the Faction, who are very hard to please, shall think fit to Reply; That it is a most unusual and Pedantick Method, to interpret a Law-Maxim by a Rule in Grammar; and thence are unalterably resolv'd to insist upon it; That unless we can explain, in what Sence this Curia is Superior to the King, all that hitherto hath been said on this occasion is trifling and explosive; If, I say, these Republicans will not otherwise be contented, let them then take it thus. Rex habet superiorem ----- Curiam ----- i.e. The King can do more with the Advice and Assistance of his Curia then without it. Or more plainly thus. The Kings of England have more Power and Capacity in Parliament, then out of Parliament. If this will not satisfie. Cras respondebo. For at present, I think fit to add no more in this matter. This passage of BRACTON (which hath given us so large a Digression) being thus dispatch'd; we shall now return to our former Discourse. 'Tis undeniably evident from the Authentick Records of the Kingdom (not to mention private Authorities) That the King of England hath no Superior but God. That His Majesty did not receive his Authority from any Earthly Power. That he is not Fœudatory, either to the Pope or any other Foreign Prince, much less to his own People. That he was not admitted to his Kingdoms with any Limitations or Conditions; As the Kings of Poland and some others are. And consequently, since the Terms Absolute and Conditional are opposite and contradistinct; If the Kings Power and Authority (with respect to its Original Efficient Cause) be neither Conditional nor Dependent, it is then Absolute as well as Independent. And therefore we may safely conclude (in this sence as now explained) The King of England is an absolute Monarch. But here I expect it will be reply'd (and 'tis a very Popular Objection.) That the Coronation Oath, in which there is a plain Contract and Bargain between the King and his People, doth sufficiently intimate; That the Crown is Conditional, i.e. was conferr'd upon his Majesty with certain Limitations and Conditions. For, the King having promised, to keep and defend the Laws and rightful Customs of the Kingdom, &c. He is then publickly shew'd to the People; and their consent to his Coronation being first demanded; he is, by that solemn Action, accepted as their King. Plainly insinuating, that without such a Promise on his part, he would not have been accepted on theirs. And from hence Mr. SIDNEY (a very Authentick Author with some men) doth infer; That there is a mutual Compact between the King and his Subjects; and if the King doth not perform his Duty, the Subjects are discharg'd from theirs. His words are these, That those Laws were to be observ'd, and the Oaths taken by them, having the Force of a Contract between Magistrate and People, could not be violated without danger of dissolving the whole Fabrick: Which in plain English is this: If the King breaks his Oath, and doth not govern according to Law; he then forfeits his Crown, and the People are absolved from their Obedience. In Answer to which, we are to take notice; that this plausible Objection is raised upon a false Foundation, viz. That the Coronation Oath makes the King; which is a most gross as well as dangerous Mistake; the King being as perfect and compleatly King before his Coronation as after. 'Tis a Maxim of our Law, The King never dyes: There being no such thing here in England as an Interregnum. For the very same moment that the Predecessor deceaseth, the Rights of Majesty descend and fall upon the Successor. And herein I am instructed by those eminent Lawyers, the Lord Chancellor Egerton, and Sir Edw. Coke. By the former thus, The Soveraignty is in the Person of the King, the Crown is but an Ensign of Soveraignty. L. Chanc. Egerton Postnat. p. 73. The Investure and Coronation are but Ceremonies of Honour and Majesty. The King is an absolute and perfect King before he be Crowned, and without those Ceremonies. By the latter in these Words: If the Crown descend to the rightful Heir, he is Rex before Coronation. Cooks Inst. part 3. p. 7. For by the Law of England there is no interregnum: and Coronation is but an Ornament or Solemnity of Honour. And so it was resolv'd by all the Judges, Hil. 1. Jac. in the Case of Watson and Clark Seminary Priests: For by the Law there is always a King, in whose name the Laws are to be maintain'd and executed, otherwise Justice should fail. Thus he, But that I may effectually convince our Associators of their mistake in this matter, I thus argue ad hominem. Was his present Majesty actually King (i.e. King de facto as well as de jure) before his Coronation, or was he not? If they acknowledg that he was; the Cause is then decided. But if they say he was not; I must then remind them of another point of Law, laid down by that Oracle of the Law in the preceding words, a Pardon granted by a King de jure, that is not also de facto is void. Now when they have first consider'd; That the Act of Oblivion was made before the King was Crown'd, I shall then leave it to themselves to determine the Case. Doubtless upon second Thoughts which are usually the best, they will readily confess; That his present Majesty was actually King before his Coronation; and consequently, That the Oath which he then took, was not any Condition preparatory to his admittance to the Kingly Power. Coronation then is but a Ceremony, and no part of his Title: I say, it is but a Ceremony; and yet (that I may remove some impertinent Scruples against it) it is no trifling, insignificant Ceremony: For, First, The solemn Splendor in which the King appears in that Action (the generality of People being much affected with outward Pomp) doth naturally make Impressions of awe and reverence towards his Person. Secondly, The Oath which he then takes, may expel all jealous Fears; disposing his Subjects chearfully to submit to his future Government. For when the King (who is not responsible to them for any of his Actions) shall condescend thus publickly to promise his People, in the Presence of that God who gave him his Trust (and to whom alone he must render an Account for the management of it) That he will govern his Subjects according to Law; That he will preserve Religion from Heresy and Schism; defend their Persons from wrong and violence; secure their Estates from Fraud and Rapine: Such assurance as this, must needs enlarge their Affections to their Prince; make their submission more hearty; their Obedience more chearful, since under his Government (if it is not their own Fault) they may rationally expect to live a quiet and peaceable Life in all Godliness and Honesty. It appears, I hope, from these Premises (notwithstanding this or any other Objection to the contrary) That the Kings Power, in respect to it's Original, is Absolute, i.e. He received it from none but God. Neither from the Pope, nor any other Foraign Prince, much less from his own People. But now when we speak of the Kings Authority, with respect to the Execution and Administration of it, the Case is very different. For the Kings of England, out of their abundant Grace and Favour, and to make their Government more easie and acceptable to their Subjects, have suffer'd themselves to be so limited in the Exercise of their Power; That they can neither make Laws, nor raise Taxes but in Parliament; much less can they pretend to take away the Life, or dispose of the Estate of the meanest of their Subjects but by due course of Law: And therefore in this second Consideration of his Authority, viz. the Execution and Administration of it; The King of England is not an Absolute but a limited Monarch. And indeed, if these Republicans were not much more forward, to remind the King of his Duty than to discharge their own, these things did not need to be repeated. For the King hath very often most gratiously promised; That he will govern by, and according to, the Laws of the Land and not otherwise. And that he will use the Power, Trust and Office committed to him, for the good and benefit of the People, and for the preservation of their Rights and Liberties. All this is readily granted, in the very words of the Objectors. Only this Phrase, That he will govern according to the Laws, and not otherwise for the avoiding of mistakes, must be a little explained. There are some Men, either through Ignorance or Malice, who have fancied; because the King is obliged to govern by Law, that therefore he must always act according to the Letter of it: So as that it shall not be in his Power, for instance (especially when it is their Interest to restrain him) either to Pardon Capital Offenders; to Change the manner of their Death; or to mitigate the rigour of the Law on any other occasion. And, in fine, these confident Reformers (who trade in Post-scripts more than Bracton) do talk of the Kings Prerogative at such a rate; as if it were an Arbitrary, Illegal Encroachment; and are so extravagant as to fancy; That by diminishing the Kings Prerogative, they advance the Laws; and that to oppose the King, is to defend the Kingdom. In charity therefore to these men, and to rectify their mistakes, I shall briefly lay down the nature of the Kings Prerogative: What it is? how it comes to be Establish'd? And whether, as is pretended, it be destructive to the Liberty of the Subject. The Word Jurecons. hac voce varie utuntur: modo pro authoritate & eminentia: quedam modo pro jure quodam præcipuo, specialiseu privilegio, Gal. Lex Jurid. verb Prærogat . Prerogative (to omit other Significations Foreign to our purpose) doth properly denote; some special peculiar Priviledg or Preheminence, granted by Law. Hence the Kings Prerogative is very fitly styled by Sir H. Spelm. Gloss Prærog. verb. SPELMAN, Lex Regiæ Dignitatis, which in Instit. cap. 5. sect. 125 p. 90. Sir Edw. Cooks words may be thus Translated. The Royal Prerogative legally extends to all Powers, Preheminences and Priviledges, which the Law giveth to the Crown. And Littleton, saith our Author, speaketh of the Kings Prerogative but twice in all his Books, viz. [sect]. 125 & 128. and in both places as part of the Laws of England. From whence our new Politicians may please to observe. That the Kings Prerogative is established by Law; and his Majesty hath as good Law for his Royal Prerogatives. viz. The descent of the Crown to the next in Blood: The Power of Calling and Dissolving Parliaments: The Negative Voice: The Power of the Militia: Pardoning Offenders, &c. I say His Majesty hath as good Law for these and all other his Prerogatives, as any Subject hath for his Paternal Estate. Whoever therefore shall presume to dispute these Priviledges of the Crown, he must not think me uncharitable whilst I tell him, He is an Enemy to the fundamental Laws of England, and a Betrayer of the Rights of the Kingdom. If the Case be thus, may some say; If these Royal Prerogatives are so sacred as not to be touch'd; it would then be a very suitable undertaking to enlarge your, &c. and to acquaint us more distinctly what they are, and where we may find them. In answer to which Demand we are thus instructed by that Loyal Judge JENKINS, Jenk. Rediv. p. 136. The Kings Prerogative and the Subjects Liberty are determined and bounded, and admeasured by the written Law what they are. We do not hold the King to have any more Power, neither doth his Majesty claim any other but what the Law gives him. The right method therefore to be inform'd in this matter, is to search the written Laws, with the learned Interpretations upon them. For though these Statutes are not Constitutive of the Royal Prerogatives (All Jenk. Rediv. p. 4. Kings had them; the said Powers have no beginning; i. e. They are so antient we cannot trace their Original) yet they are Declaratory of them. I say, though these Priviledges of the Crown are most of them antecedent to our Acts of Parliament, and the written determined Cases of our Laws (and consequently are not primarily established by them) yet they are so often either explained, confirm'd, or otherwise there mention'd; that he who is conversant in those publick Writings must needs know what they are? But since every one hath not the Leisure or the Ability for so laborious a Task; those therefore shall desire Compendio sapere, they may please to peruse a little Treatise called Jura Coronæ; or His Majesties Royal Rights and Prerogatives Asserted. And amongst several others there mentioned and explained, they will find this Prerogative. That the King hath Power, in many cases, to Dispense with the Laws: And that no Jur. Coron. p. 84. Act of Parliament can bind the King from any Prerogative, that is solely and inseparably annext to his Sacred Person and Royal Power; but that he may dispense with it by a non obstante. The Reason of which Prerogative (which to some unthinking Men may seem extravagant) is plainly this. All human Constitutions are liable to Defects: And there was never any Law yet framed with such Policy and Skill, which might not, on some occasion or other, be burthensome to the Subject. For particular Cases and Contingencies are so infinitely various, that it is impossible for human Wisdom to foresee or prevent them. And therefore it is absolutely necessary; That there should in all Governments be some Power, Superior and Paramount to the written Laws: By whose Authority the Subject might be reliev'd and pardon'd; when the nice and strict Observance of the Law (through some unexpected Event) might be grievous to himself, or destructive to the Publick. And Bish. Sandersons Judg. of subm. to Usurp. p. 18. this Power of dispensing with particular Laws (as the learned Bishop Sanderson informs us) is such a Prerogative, as without which no Commonwealth can be well govern'd; but Justice would be turn'd into Gall and Wormwood: Nor can the Supream Governor, without Forfeiture of that Faithfulness which he oweth to the Publick-Weal divest himself thereof. If some Men (who are very unwilling to give the King his Due) are still dissatisfied in the point; the present posture of Affairs here in England may then fully convince them. We all know that according to the Law High-Treason is punishable with Death. And the Judgment of the Court, on such occasions, is to be Hang'd, Drawn and Quarter'd. This is Law. Let me therefore ask these Men. Can the King by his Prerogative dispense with this Law, so as to free the Criminal from the Punishment (a Toto or a Tanto) or can he not? If they say not. Ipsi viderint . Let them look to that who are most deeply concern'd. But if now at the last they are grown so considerate, as to say that he can: Give me leave then to expostulate with them, concerning that late Instance of the unfortunate Lord Stafford. When his Majesty, out of Compassion to that Noblemans Person and respect to his Quality, had changed the manner of his Death, and given him the favour to be Beheaded: What a noise was then raised, That the Law must be observ'd? What Fears and Apprehensions of Abritary Power! What a Tumult did those scrupulous Sheriffs make on that occasion, by Petitioning the Two Houses; Whether the Kings Writ ought to be obey'd? But what Answer they receiv'd both from Lords and Commons is sufficiently known. I shall make no Reflections upon it, tho indeed the Impertinence of that Action (in which I doubt they were encourag'd by some greater than themselves) might deserve a Remark. From these Premises it is evident, That there is Lex Coronæ, a Royal Prerogative granted by the Common Law to the Crown of England, Superior to all written Laws. By virtue of which PrerogativeLaw, the King hath Authority (on emergent occasions, and when such Dispensation may promote the ends of Government) to Dispense with most Statutes or Acts of Parliament. Salus populi suprema Lex esto; when rightly understood is a full proof of this Assertion. As therefore on the one hand; When Sedition is rampant, and affronts the Government; when the Mercy of a King shall be voted his weakness; and his Royal compassion and unwillingness to Punish, shall have this Gloss put upon it; He dares not do it. As in such Case, Reason of State (which is Salus Populi) doth require; That some should be executed in terrorem; to repress the insolence of others; So on the other hand, When Tumults are abated; when Faction is broken, and that Men begin to acknowledg their Mistakes, and return to their Wits: If under such inviting Circumstances as these, the King out of his Grace and Mercy, shall either Pardon a Traitor, or abate the rigour of his Sentence, who will pretend to say, that such undeserved Favour is Illegal? Or that the King, whether he pardon or punish, doth not govern, in both Instances, according to Law? These Objectors go on. If the King thus entrusted to keep the Laws and preserve Religion, should be guilty of a wicked Design, to subvert our Laws, and destroy our Religion, by introducing an Arbitrary, Tyrannical Government; he must then understand, that he is but an Officer of Trust. All this is granted; If the word Trust do only refer to Almighty God, but not to the People. The King doth chearfully acknowledg, that he is Authoriz'd and Deputed by the most High, to govern these Nations; and that he must render an Account for so great a Trust committed to his charge. And though the King hath many Enemies, both Spiritual and Temporal, yet his Support is this. He who gave him his Commission is able to Protect him. He hath hitherto very signally preserv'd him. And it is the constant, hearty Prayer of all Loyal Subjects; That his God, and the God of his Fathers will preserve him still. His Majesty hath indeed many Enemies (and good Princes did never want them) but in the Mercy of the most High he shall not miscarry. But if this Trust do refer to the People, as if the Kings Power and Authority were derived to him from the People by way of Pact or Contract: Let them then explain, Who are this People, with whom he did thus Contract? When was this Bargain made? What are the Conditions? Before what Witnesses? Who must Judge of the Delinquency? VVhere are the Records of these Transactions to be perused? If no Evidence to confirm any of these Instances; the Case is then decided by that known Maxim, Idem est non esse & non apparere. This Fundamental Contract of the Nation, is only a hard Word to amuse the vulgar. We know not what it is, nor where to find it. But, it follows in the Objection. The Parliament of England (the Representatives of the People, in whom all Power doth Originally reside) they are to take Order for the Animadversion and Punishment of such an Offending Governour. Parliaments were ordain'd to restrain the exorbitant Power of Kings and to redress the Grievances of the People. The Sum of which charge is this. There is a Coercive Power over the King. Which Power (Mr. SIDNEY tells us) Originally in the People of England, is delegated unto the Parliament. Sidney's Tryal. p. 24. To which I do thus Answer. That though his Majesty hath a just esteem for Parliaments; and thinks the Parliament of England the happiest Constitution that ever Nation did enjoy; and hath gratiously assur'd assnr'd us; That no Irregularities of Parliaments, shall make him out of Love with Parliaments; but that he will have frequent Parliaments: Yet such an extravagant Power of Parliaments as is here pretended, is such height of Treason; as deserves a sharper Confutation than can be given it from this Treatise. As to the point of Non-Resistance (most seasonable to be enforc'd at this time) I did once design very fully to have enlarg'd upon it. To have shew'd its Obligation from all Laws Natural, Positive, Divine, Human. As also to have Answer'd the most Popular Pleas for such Resistance. But I am so happily prevented by the Learned Labours of others (particularly my Lord Bishop of VVinchester, Dr Falkner and Dr. Sherlock; who have indeed exhausted that Subject) that I shall give no further trouble; but conclude my short Discourse with this following Argument. The Supream Power must not be resisted; But the King of England hath Supreme Power; Therefore His Majesty cannot lawfully be resisted. The Proposition is the voice of Nature. There can be no Order nor Government, unless this Truth be admitted. Reason tells us; Par in parem non habet potestatem, much less hath an Inferior a Coercive Power over his Superior. To which let me observe; That even the late Rebels themselves were convinc'd in this matter. For, to vindicate their former Treasons, and to patronize their intended Murder of that Blessed Prince, they voted, Jan. 4. 1648. Resolv'd, That the People are (under God) the Original of all just Powers. That the Commons of England Assembled in Parliament, being chosen by, and representing the People, have the Supreme Power in the Nation. That whatsoever is Enacted or declared for Law by the Commons in Parliament hath the Force of a Law, and the People concluded thereby, though consent of King and Peers be not had thereunto. Plainly insinuating, That whilst the Subjects of England, according to their Duty, did acknowledg the Supreme Power to be in the King, they must needs apprehend, That the War was Rebellion; and his pretended Judges were Traitors. And as to the Assumption, viz. That the King of England hath Supreme Power; this, I hope, hath been so fully prov'd in this little Treatise, that I might suppose the Conclusion without any further Enlargement. But because some late Seditious Pamphlets have very impertinently advanc'd the Power of Parliaments; I shall, ex abundanti, thus undeniably convince them, That the Parliament of England is Subject to the King. Mr. SIDNEY Informs us, That the Right and Power of Magistrates in every Country, is that which the Laws of that Country make it to be. Sidney's Paper p. 2. If therefore it do appear by the Laws and Statutes of the Kingdom, That the Parliament of England is Subject to the King, then the Controversy is at an End. For Proof of this, they are desired to Consult, 12 Car. 2. c. 30. Where the Lords and Commons thus Petitioned to his Majesty. We your Majesties said Dutiful and Loyal Subjects, the Lords and Commons in Parliament Assembled, do beseech your most Excellent Majesty that it may be 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, nor the People Collectively or Representatively, 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. Words so plain and undeniably evident that they are not capable of any further Explication. Only it will be pertinent to observe Two Things. First, the Lords and Commons do not here petition, that it may be Enacted, but that it may be Declared; intimating that the Kings Supremacy was not first establish'd in this Statute (as if before the making of this Act, the Parliament had been Superior to the King) but is here only Declared to have been Establish'd by the undoubted Fundamental Laws of this Kingdom, i.e. by such Laws as are the Foundation of the Government. Whoever therefore shall Affirm, That the Parliament hath a Coercive Power over the Person of the King, he alters the Foundation and destroys the Government. Secondly, I do from this Statute observe, That their famous Axiom, major singulis, minor universis, will no longer support their Cause, it being plain from this Act; That the King is major universis as well as singulis. When our Republican Clubs, who talk so much of Law, shall have answer'd this Statute; they may then expect to hear further from me. In th' interim, I shall recommend a Text, to be held forth in all their Conventicles, the next time of their meeting. Prov. 24.21,22. My Son, fear thou the Lord and the King, and meddle not with them that are given to change. For their Calamity shall rise suddainly, and who knoweth the ruin of them both? From whence may be raised these good Observations, viz. Honesty is the best Policy, and Loyalty the best Religion.

Politics

THE Royal Apology: OR, AN ANSWER TO THE Rebels PLEA.

The royal apologie: or, an answer to the rebels plea [...]

PolA1699

THE Heads propos'd to be insisted upon in the following Sheets, are, The Legality of the Scots Establishment: The Advantage or Disadvantage that may redound from it to England: Whether the Scots without the Assistance of the English may be able to maintain their footing in America; and what may probably be the Consequences if the Scots should be oppos'd therein by the English, and miscarry in the Undertaking. The chief Objections against the Legality of their Establishment, arise from the Memorial delivered in against it to the King, by the Ambassador Extraordinary of Spain, May 3. 1699. O.S. as follows: "THE Under-Subscriber, Ambassador Extraordinary from his Catholick Majesty, finds himself oblig'd by express Orders, to represent to your Majesty, that the King his Master having receiv'd Information from different places, and last of all from the Governor of Havana, of the Insult and Attempt of some Scots Ships, equip'd with Men and other things requisit, who design to settle themselves in his Majesty's Soveraign Demains in America, and particularly the Province of Darien. His Majesty receiv'd those Advices with very much discontent, and looks upon the same as a Token of small Friendship, and as a Rupture of the Alliance betwixt the two Crowns (which his Majesty hath observed hitherto, and always observes very religiously, and from which so many Advantages and Profits have resulted both to your Majesty and your Subjects) as a Consequence of which good Correspondence, his Majesty did not expect such sudden Insults and Attempts by your Majesty's Subjects, and that too in a time of Peace, without pretext (or any cause) in the very Heart of his Demains. All that the King desires, is, That this may be represented to your Majesty, and that your Majesty may be acquainted, that he is very sensible of such Hostilities and unjust Procedures, against which his Majesty will take such Measures as he thinks convenient. Given at London, May 13/3. 1699. It were easy to make proper Remarks upon the Weakness, Insolence and Ingratitude of this Memorial, but it is not worth while; all the World knows what the Crown of Spain ows to his Majesty of Great Britain; and therefore a more civil Application might reasonably have been expected to a Prince who hath not only sav'd the Netherlands, but prevented his Catholick Majesty from being insulted on his Throne at Madrid. But these things we pass over, and come to the chief Point in the Memorial, which is, That the Scots have posted themselves in the King of Spain's Demains in America, contrary to the Alliance betwixt the two Crowns. If this be prov'd to be false, then the Cause of the Complaint ceases, and his Majesty of Great Britain hath reason to demand Satisfaction for the Affront offered thereby to his Justice and Soveraignty. To prove the Falshood of the Allegation, That the Province of Darien is part of the King of Spain's Demains: It is positively denied by the Scots, who challenge the Spaniards to prove their Right to the said Province, either by Inheritance, Marriage, Donation, Purchase, Reversion, Surrender, Possession or Conquest; which being the only Titles by which they or any other People can claim a Right to those or any other Dominions, if the Spaniards cannot make out their Right by those or any of those, their claim must of consequence be null and void. It is evident that the Spaniards cannot pretend a Title to that Country by Inheritance, Marriage, or the Donation of Prince and People; and as to Conquest it would be ridiculous to alledg it, since the Dariens are in actual possession of their Liberty, and were never subdued, nor receiv'd any Spanish Governor or Garison amongst them. Nay, they were so far from it, that Wafer, Dampier, and others that have wrote of that Country, do all agree that they mortally hate the Spaniards, were in War with them, and that the Spaniards had no Commerce with those Indians, nor command over them in all the North side of the Isthmus a little beyond Porto Bello. Wafer's New Voyage and Description of the Isthmus of America, p. 11,65,149,150,151. Capt. Sharp in the Journal of his Expedition, published in Capt. Hacke's Collection of Voyages, gives an account, that in 1680 he landed at Golden Island with 330 Men, and being join'd by one of the Darien Princes, whom they call'd Emperor, and another to whom they gave the Title of King Golden-Cap, with some hundreds of their Men, took Sancta Maria, attempted Panama, and made prize of several Spanish Ships; which is the more remarkable, because Capt. Sharp was afterwards tried in England for Robbery and Piracy on this very account, but acquitted because of his Commission from those Darien Princes: which is a plain Demonstration that the Government of England did then look upon Darien to be no way subject to Spain, whatever some who are Enemies to the Scots, do now say against the Legality of their Settlement in that Country. This same Expedition against the Spaniards by the assistance of the Darien Indians, is confirm'd by Mr. Dampier in his Introduction to his New Voyage round the World. And the Bp of Chiapa, a Prelate of their own, in his Relation of the Spanish Voyages and Cruelties in the West-Indies, p. 217. owns "that the Spaniards had not Title to the Americans, as their Subjects, by right of Inheritance, Purchase, or Conquest. We have likewise a large Account, and a full Confirmation of the War and perpetual Enmity betwixt the Dariens and Spaniards in the History of the Buccaneers of America, Vol. 2. Part 4. wrote by Basil Ringrose, who was one of their Company. There he informs us that the Indians of Darien, and the Spaniards, are commonly at War with one another; and that the Buccaneers were invited into that Country, and join'd by the Darien Princes, Capt. Andreas, Capt. Antonio, and the King of Darien, who assisted them in the taking of Sancta Maria, and their attempt upon Panama; and the King whose Daughter the Spaniards had stole away, promised to join the Buccaneers with 50000 Men. This is the more remarkable, because those very Princes or their Successors are now in League with the Scots, and have joyfully receiv'd them into their Country. So that it is the strangest Imposition that can be put upon any Nation, and one of the most audacious affronts that ever was put upon so Great a Prince as K. William, for the Spaniards to pretend a Right to Darien, and accuse him of a Breach of the Peace, because a Colony of his Subjects have settled themselves there; when it is so well known to the World that the Crown of Spain has no manner of Title to that Province. Then as to any claim by virtue of Possession, the Spaniards have not the least ground of Plea: All they can alledg on this Head is, that they were once admitted by the consent of Capt. Diego, another of the Darien Princes, to work on some Golden Mines within 15 Leagues, or thereabouts, of the Scots Settlement. But it is plain that this makes nothing for their purpose. That Prince admitted them only as Labourers, but not as Proprietors; and when they broke the Conditions on which they were admitted, viz. to allow the Dariens such and such Shares of the Product, they were expell'd again by force; and ever since that time the Dariens refuse to have any further dealings with the Spaniards, who made themselves odious to them by their Treachery and Insolence: So that Mr. Wafer tells us pag. 133. they allow a distinguishing Mark of Honour to him who has kill'd a Spaniard: and pag. 179. that Lacenta, one of the chief of the Darien Princes, did in his converse with him, express his Sense and Resentment of the havock made by the Spaniards in the West of America, at their first coming thither. It remains then that the Spaniards can lay no other claim to Darien but what they plead from the Pope's general Grant of America, its being bounded by their Dominions, and the Treaties with England, which shall be consider'd in their order. To urge the Pope's Grant amongst Protestants is ridiculous, and amongst Papists themselves but precarious: but admitting it were sufficient to justify their Title, it is easy to prove that the Spaniards have forfeited all the Right that they can claim by virtue of that Grant. The Church of Rome will not publickly own her power to grant a Right of Conquest, but in order to propagate the Faith, and not that neither, except the Infidel Prince or People be guilty of a Breach of Treaty. So that the Pope's Grant with those Restrictions is so far from establishing the Title of the Spaniards, that it plainly overthrows it. That the Indians were committed to the Spaniards by Pope Alexander VI. on condition that they should teach them the Christian Religion, is prov'd by Don Bartholomew de las Casas Bishop of Chiapa, in his Account of the first Voyages and Discoveries made by the Spaniards in America, and the Relation of their unparallel'd Cruelties, p. 195. and there he likewise owns, "that by their acquitting themselves so ill of that Commission, they ought to make restitution of all they have taken from them under this pretext. And pag. 200. he charges them with breach of the Terms prescrib'd by the Apostolical Brief, tho Queen Isabella, to whom it was granted, earnestly intreated them in her last Will to keep exactly to it. P. 21. he says that the Title of the King of Spain to the Indians, is founded only on the obligation he had taken upon himself to instruct them in the true Faith, as appears by the Apostolick Brief: which they were so far from performing, that instead of converting their Souls, they destroyed their Bodies; having in those early days, viz. in the time of the Emperor Charles V. murder'd above 40 Millions of them; and took so little care to instruct them in the Christian Religion, that they perfectly obstructed their Conversion, and sold those very Idols that some of the poor People had thrown away with abhorrence, to others of the Indians; ibid. p. 14. which, together with their other horrid Impieties, created an aversion in those poor Infidels for Heaven it self; according to the known Story of Hathwey an Indian Prince, ibid. p. 21 "who being fasten'd to a Stake by the Spaniards in order to be burnt, for no other Crime but indeavouring to defend himself and his Subjects against their Cruelties, ask'd a Friar that was discoursing to him of Heaven, promising him eternal Happiness there if he would believe, and threatning him with Hell if he did not, whether Heaven was open to the Spaniards; and being answer'd that it was to such of them as were good, replied immediatly that he would not go thither for fear of meeting such cruel and wicked Company as they were, but would much rather chuse to go to Hell, where he might be deliver'd from the troublesom sight of such kind of People. So that their forfeiture of all Right or Title to Darien by the Pope's Grant, if it were of any validity, is plainly demonstrated. Their next Plea is, that Darien is bounded or inclosed by their Dominions, viz. by Portobello and Carthagena, with their Territories on the North, and Panama and Sancta Maria on the South. To this it is answered, that Darien is bounded only by the Sea on both sides, without so much as a Spanish Fort or Garison, from Nombre de Dios to the Gulf of Darien on the North Sea, or from the River of Chepo to the River of Congo on the South Sea. The Territories of the Spaniards confining on both ends of the Isthmus are not unlimited, but are restricted on both sides by the Dariens, who, as has been already said, were never subject to Spain. Nor is it any new thing in the World for independent Soveraigntys to lie inclos'd within the Dominions of other Princes; to instance in no more than Orange and Avignon in Europe; Ceuta, Metilla, &c. possessed by the Spaniards themselves in Africk, which lie in the very bosom of Morocco, and yet the Spaniards don't think their Title to them e're a whit the worse. The Dutch and Portugueze have both of them Settlements on the Coast of Brasil, to which the Spaniards pretend a Right. The French have Settlements in Hispaniola and Guiana, notwithstanding the Neighborhood of the Spaniards. The English and French have both of 'em Plantations in Newfound-land. The Dutch in time of Peace settled on Long Island in the middle of the English Plantations, yet no War ensued upon it. The English possessed themselves of Bahama Islands, tho the Spanish Fleet passed betwixt them and Florida: and the English have several times settled at Port-Royal in Campechy Bay, to cut Logwood, &c. and remov'd and settled as they found convenient. K. Charles II. in time of Peace granted a Patent to Dr. Cox to settle a Colony in the Bay of Mexico, which was never question'd by the Spaniards: and the French have now since the Conclusion of the last Peace, planted a Colony on the River Mississipi in that same Bay, against which we hear of no Complaints from Madrid. So that the Plea of the Spaniards from this Topick is perfectly overturn'd by Common Practice, the Law of Nations, and their own Concessions in parallel Cases. The Next Plea of the Spaniards is from the Treatys betwixt them and the Crown of Great Britain, of which they alledg the Settlement of the Scots at Darien to be a Breach: But that there's no ground for this Allegation, will appear to those that peruse the said Treatys, viz. that of May 23. 1667. and that of July 1670. wherin there's not the least mention of excluding either Party from enlarging their Dominions in America, upon Wastes, or by consent of the Natives, in such places as have never yet been possest by Spain or Great Britain. So that all that can be infer'd from those Treatys is, that they were a mutual Security for the peaceable possession of what each Crown enjoy'd in that Country, and no more; which is sufficiently confirm'd by the Patent granted to Dr. Cox, and the settling and removing of the English in Campechy Bay, &c. without Controul, as before mention'd. Having thus made it evident that the Spaniards have no manner of Title or Right to Darien, it is natural in the next place to shew that they themselves are guilty of the Breach of Treaty by proceeding in this Affair as they have done. By the third Article of the Treaty between the Crowns of Great Britain and Spain, concluded at Madrid May 13/23. 1667. it is provided, That if any Injury shall be done by either of the said Kings, or by the People or Subjects of either of them, to the People or Subjects of the other, against the Articles of that Alliance, or against common Right, there shall not therefore be given Letters of Reprisal, Marque or Countermarque, by any of the Confederates, until such time as Justice is follow'd in the ordinary Course of Law. Yet the Spaniards without any such Procedure, or offering in the least to prove their Title to Darien, present a virulent and huffing Memorial, at the very first charging the King with want of Friendship, and a breach of Alliance, and threatning to take such measures as they shall think meet: when their sickly Monarchy has not yet had time to breath, since rescu'd from the common Danger wherein Europe was involv'd, by the Arms of that very Prince whom they treat so ungratefully. But this is not all; for contrary to the express Words of that same Treaty, they attack the Scots by Sea and Land, who had done them no Injury, but acquainted them that they came thither peaceably, without any hostile design against them or any other People; and were so generous as to reject the Motion of Capt. Andreas, one of the Darien Princes, and their Ally, when he offer'd to make them Masters of Panama, if they would but join him with 500 of their Men. The Spaniards have also, contrary to the 10th and 11th Articles of the Treaty concluded at Madrid, July 8/18 1670. concerning America, detain'd the Scots and English Prisoners who were forc'd ashoar at Carthagena by Shipwrack, tho all such Practices be expressly provided against by the said Articles: and they have also violated the 14th Article of that Treaty which forbids Reprisals, except in case of denying or unreasonably delaying Justice. From all which it is evident that the King of Great Britain has just reason to demand Satisfaction of the Spaniards for attacking his Subjects contrary to Treaty; and that the Scots being thus injuriously treated, may very lawfully, not only make Reprisals upon the Spaniards for themselves, but join with the King of Darien in taking Sancta Maria, Panama, or any other place belonging to the Spaniards in that Country, of which the Dariens are Natural Lords, and the Spaniards Tyrannical Usurpers, as is pleaded by the King of Darien himself; and therefore he invited the English Buccaneers to assist him to retake it: and by this Capt. Sawkins justified his Proceedings in a Letter to the Governour of Panama, asserting that the King of Darien was true Lord of Panama, and all the Country thereabouts; and that they came to assist him. History of Buccaneers, Vol. 2. part 4. p. 32. And we have mentioned before that Capt. Sharp, who was accused of Piracy, for that same Expedition, and succeeded Sawkins in his Command, was acquitted in England, because he had that Prince's Commission. Having fully prov'd that the Spaniards have no Title to Darien, it remains to be prov'd that the Scots have as good and just a Title to their Settlement there, as any People in the World can have; which may easily be demonstrated thus: They were authorized by an Act of Parliament, and the King's Letters Patent, to plant Colonies in Asia, Africa, or America, upon Places not inhabited, or any other Place, by consent of the Natives, not possest by any European Prince or State. Being provided with this Authority, than which there cannot be a Greater, or one more duly and honestly limited, they equipp'd their Ships, and landed on the North side of the Isthmus of Darien in November 1698. where the Spaniards, as has been fully prov'd, never had any Possession, and no other European Prince or State pretends any Claim to it. Being arriv'd there, they fairly obtain'd the consent of the Princes and People of the Country, and particularly of Capt. Andreas, who is the chief man in that Tract; and after a solemn Treaty and Alliance deliberatly made, and wrote in Spanish, because the said Prince understands that Language, they peaceably enter upon their new Colony, without either Force or Fraud. So that they have religiously kept to the Conditions of the Act and Patent, which is a plain demonstration that they have a just and legal Title to their Settlement, and a Right to the Protection of the Government, against the Attempts of the Spaniards, or any other People whatsoever. The next Topick to be insisted upon, is the Advantage or Disadvantage that may redound to England from this Settlement. We shall begin with the Disadvantage which consists in the supposed Damage it may do to the Trade of England, and that it may, as is pretended, occasion a Rupture betwixt them and Spain. To this we may easily reply, that being a distinct and independent Nation, we are not oblig'd to consult their Interest, any further than they consult ours; and that we have as much reason to maintain this Colony, because of the Advantage it may bring to our selves, as they have to oppose it, because of the Disadvantages that they fancy may arise from thence to England. But withal we deny that it can be any damage to their Trade, which from that part of the World consists chiefly in Sugar and Tobacco, neither of which are yet to be found in New Caledonia. But that which we look upon to be a compleat Answer to the Objection is this, That they may be Sharers with us in the Settlement if they please, and by consequence Partners in the Profits and Trade, and lay it under such Regulations as may prevent its endamaging the Commerce of England. And whereas it is further objected, That by the great Immunities and freedom from Customs granted to the Scots Company for so many years, we shall be able to undersel the English Company, forestal their Markets, and lessen his Majesty's Customs; we answer, that this Objection is in a great measure obviated, since we do not now pretend to set up an East-India Trade; but admitting it were true, it will be to the general Advantage of the English Nation, since the Buyers are always more than the Sellers. It must certainly be better for the Kingdom in general, that every one who has occasion for Muslin or Indian Silks, &c. should save so many Shillings per Yard or Piece in their pockets, than that some two or three Merchants should once in an Age get Mony enough to make a Daughter or two a Countess or Dutchess. Nor can it be denied but it's better for England, that Housekeepers in general should save that Mony to buy Provisions for their Families, which consumes our own Product, than that a dozen of Merchants should be enabled by the extravagant Prices of those Commodities to keep their Coaches. Add to this, that the English if they please by joining with the Scots may have an equal Share of all those Immunities; and if there should be for some time a lessening of the King's Customs, of which there is at present no manner of prospect, it will be sufficiently made up in time to come by a large addition, if that Colony prospers; so that the King's Bounty in that respect is but like the bestowing of charge to improve barren or waste Ground, which will return with treble Interest to him or his Heirs. There's another Objection made against the Scots Company, that by their Constitution such Ships as belong to them must break Bulk no where but in Scotland, which will diminish the number of English Ships and Seamen, and make Scotland the only Free Port of all those Commodities. To which it's replied, That tho our own Ships are obliged to break Bulk no where but at home, they don't lay the same Obligation upon others, but, allowing them a free Trade to Darien, they may carry their Goods where they please; or upon fair Proposals, there's no doubt but the Parliament of Scotland will give the English all possible Liberty as to that matter. Then as to the hazard of a Rupture with Spain, we reply, That the Spaniards are in no condition to break with England, when they are not able to maintain themselves against the Insults of the French by Sea and Land: and the only way to secure them in the British Interest is to have a powerful Colony in Darien, which lying in the very Centre of their American Dominions, and within reach of their Silver and Gold Mines, will be an effectual Curb upon them, and not only prevent their own Hostilities, but their joining at any time with our Enemies; or if they do, being Masters of their Money, we shall speedily cut the sinews of their War. In the next place we urge that it wil be very much for the Interest and Advantage of England to incourage and support us in this Settlement. But this sort of Treatment, compar'd with what they made others to suffer, may well be call'd Mercy: for tho it was Death, the Indians were hereby quickly deliver'd from their Misery; whereas they put multitudes of others to lingring Deaths, that they might fell themselves die gradually: and yet this is not so intolerable neither as the Condition of those poor People that had the misfortune to survive that Cruelty; for the whole time of their Lives under that miserable Servitude, is but Death prolong'd, or making his attacks upon 'em by intolerable Labor, and continual Hunger, the most insupportable of all Plagues; those poor Creatures that toil in the Mines, and are imploy'd in Pearl-fishing. &c. having no more Sustenance allow'd them, and that too of the coarsest sort, than is just enough to keep Soul and Body together, in order to prolong their Misery. Then let any man, who has but the least remains of Humanity left him, judg whether the Scots could be criminal, if they should have actually landed upon a Spanish Settlement, and have seiz'd the same, in order to deliver their Brethren the Sons of Adam, from such hellish Servitude and Oppression as the above mention'd Bishop describes; and if no man that has any bowels of Compassion within him can say they could, what shadow of reason is there to blame the Scots for erecting a Colony where the Spaniards never had any footing? The next Thing to be consider'd is, whether the Scots without the assistance of England, may probably maintain their footing there, which there's no doubt may very well be determin'd in the affirmative. Or supposing the King of Spain should live for many years, and by consequence keep the French out of possession; yet having once got footing at Darien, which they will certainly do, if the Scots be expell'd by their assistance, the Spaniards will quickly be convinc'd to their Cost, that they are more dangerous Neighbours than the Scots; not only because of their greater Power to do them more mischief, but because of their incroaching Temper, which all Europe is sensible of; and being of the same Religion with the Spaniards, and having of late years set up for the Champions of Popery, they will by the Influence of the Clergy, bring all the Spanish Settlements of America to a dependence upon them, and a love for them as the great Protectors of the Catholick Faith; which will at once destroy the Interest of Spain in America. This will appear to be no vain Speculation, to those that consider the Temper of the Popish Clergy, and the Insolence of the Spanish Inquisitors, who so daringly reflected upon the late Alliance of Spain with Protestant Princes and States, tho absolutely necessary to preserve that Nation from being swallowed up by France. Whereas the Scots being zealous Protestants, and for that very reason hateful to the Popish Clergy and Laity, they are under a moral Impossibility of having so much Influence to withdraw the American Settlements from the Obedience of Spain: and besides, being under an obligation by the principles of their Religion, and their fundamental Constitution, not to invade the Property of another, the Spaniards have no cause to fear any thing from them, provided they forbear Hostilities on their part; but on the contrary may find them true and faithful Allies, and useful to assist them in the defence of their Country, if attack'd by the French as in the late War: it being the interest of the Scots as well as of the Spaniards, to prevent the accession of the Crown of Spain to that of France. These things, together with the known Endeavours of the French to procure an Interest amongst the Natives of that Country, and especially with Don Pedro and Corbet, in order to a Settlement, make it evident enough that it is the Interest of Spain the Scots should rather have it than the French, who have already been tampering with the Spaniards as well as with the Indians, and doubt not to have a large share of America whenever the King of Spain dies. But admitting that the Spaniards should so far mistake their Interest, as to accept of the Proffers of the French to expel the Scots, it is not impossible for the latter to find other Allies than the English to assist them with a naval Force to maintain their Possession. The Dutch are known to be a People that seldom or never mistake their Interest: They are sensible how useful the Alliance of Scotland may be to them, both in regard of their Liberty to fish in our Seas without controul, and of being a Curb upon England, in case the old Roman Maxim of delenda est Carthago , should come any more to be applied by the English to that Republick, as in the Reign of K. Charles II. They are likewise sensible of the advantage it would be to their Trade to be Partners with the Scots at Darien; and how effectual it may be to disable the French to pursue their Claim to Spain, and by consequence to revive the old Title of that Crown upon their own seven, as well as to swallow up the other ten Provinces. These things, together with a long continu'd Amity and Trade betwixt Scotland and Holland, and their Union in Religion and Ecclesiastical Discipline, are sufficient to evince that the Dutch would become our Partners in America with little Courtship. That they are able to assist us in that case with a Naval Force sufficient, is beyond contradiction; and that they would soon be convinc'd it is their Interest to do it, to prevent that monstrous Increase of the French Monarchy, is obvious enough from the part they acted in the late War. But admitting that none of those Considerations should prevail with the Dutch, and that they should likewise abandon us; it is not impossible for us to obtain an Alliance and Naval Force from the Northern Crowns: It's well enough known that those Kingdoms abound with Men and Shipping, and that they would be glad with all their hearts to make an Exchange of these for the Gold and Silver of America, which they might easily carry from Town to Town, and from Market to Market, without the trouble of a Wheel-barrow, as they are now obliged to do with their Copper. From all which it is evident enough that it is not impossible for the Scots to maintain themselves in Darien without the Assistance of England. The next thing to be discours'd of is, what the consequences may probably be, if the English should oppose us in this Settlement. We could heartily wish there had never been any ground for this suggestion, and that the Opposition we have met with from England had been less National than that which we had from both their Houses of Parliament, after the passing an Act for an African Company, &c. in ours: and it were to be wish'd that so many of the English had not given us such proofs of an alienated mind and aversion to our Welfare, as they have done since by their Resident at Hamborough, and their late Proclamations in their West India Plantations: and we could have wish'd above all that his Majesty of England had not in the least concurr'd, or giv'n his Countenance to that Opposition; for as King of Scots it is plain he could not do it: he hath confirm'd what we have done by the Touch of his Scepter, which no private Order or Instructions can revoke. And we could wish that his English Counsellors, who put him upon those things, would remember that Strafford and Laud lost their heads for giving K. Charles I. that fatal Advice of oppressing and opposing the Scots. We did verily think that the suffering of our Crown to be united with that of England in the Person of K. James their First, and our Sixth; our seasonable coming to the rescue of their expiring Liberties in the Reign of K. Charles I. our being so instrumental to rescue them from Anarchy and Confusion, by the Restoration of K. Charles II. and above all, our generous and frank Concurrence with them in the late happy Revolution, and Advancement of K. William III. We did verily think that all these things deserv'd a better Treatment; and to evince that they did, we shall beg leave to insist a little upon the first and last. The English have no cause to think that we were ignorant of the Reason why their politick Henry VII. chose rather to match his eldest Daughter with the King of Scots, than with the King of France, because he foresaw that if the King of Scots should by that means come to the Crown of England, he would remove the Seat of his Government thither, which would add to the Grandeur and Riches of England: Whereas if the King of France did by that means fall Heir to the English Crown, he would certainly draw the Court of England to Paris. This the Scots were so far from being ignorant of, that many of the Nobility and Gentry did express their dislike of the Union of the Crowns, as well knowing that it would reduce our Kingdom into a Subjection and Dependance upon England, and drain us of what Substance we had; and therefore some of them express'd themselves on that occasion, that Scotland was never conquer'd till then: yet such was our Zeal for the common Welfare of the Island, the Interest of the Protestant Religion, and of Europe in general, which were then almost in as much danger by Spain, as they have been since by France, that we quietly and freely parted with our King, and suffer'd him to accept the English Crown, rather than that Nation should be involv'd in War and Confusion, and the Protestant Religion indanger'd by another Successor, as it must necessarily have bin, had the Infanta of Spain, whose Title was then promoted by the Popish Interest, succeeded. And all the reward we had for this Condescension and Kindness, was a contemptuous and disdainful refusal, on the part of England, of an Union of the Nations when proposed, tho the same would visibly have tended to the benefit of the whole Island, the general advantage of Europe, and the security and increase of the Protestant Interest. And our King was so little thankful on his part, that tho he promis'd solemnly in the Great Church of Edinburgh before his departure, that he would visit his Antient Kingdom once in three years, he never saw it after but once, and that not till 14 years after. And by the influence of that same Faction in England, who are still our enemies, he made Innovations both in Church and State, contrary to the Laws of the Land, and his own solemn Oath; which laid the foundation of all those Disasters that ended in the fatal exit of his Son, and the subversion of the Government of both Nations. These were the first Advantages we had by the Union of the Crowns. His Son King Charles I. had scarce ascended the Throne, when we had new Proofs of the Disadvantages we labour'd under by that Union; for he by the Advice of some Enemies to our Nation, did in an imperious and arbitrary manner send for our Crown, tho the only Monument almost left us of our Independency and Freedom; but was generously answer'd by him that had it in keeping, That if he would come and be Crown'd in Scotland, he should have all the Honour done him that ever was to his Ancestors; but if he did not think it worth his while, they might perhaps be inclin'd to make choice of another Soveraign, or to that effect; as recorded in the Continuation of Sir Richard Baker's History. Another Disadvantage we had by that Union of the Crown, was this, That that unfortunate Prince being inspir'd with an aversion to the Constitution of our Country, by his Education in the Court of England, he made an unnatural War upon us to bring us to a Conformity with England in Church-Matters. We shall not here offer to debate which of the Churches was best constituted, or most agreable to the Scripture-Pattern: It suffices for our Argument, that we were injur'd in having a foreign Model offered to be obtruded upon us, which was the Consequence of the Union of the Crowns, and of having our King educated in another Nation; but that was not all, another mischievous effect of the Union was this, that whatever King Charles had deserv'd at our hands, yet out of natural Affection, Conscience and Honour, we were oblig'd to do what we could to prevent his illegal Trial and Death, and to defend his Son's Title, which threw us into Convulsions at home, occasion'd us the loss of several Armies, and expos'd our Nation afterwards to ruin and devastation by our implacable Enemy the Usurper, which together with the ungrateful Retributions made us by the Government after the Restoration, were enough to have wearied any Nation under Heav'n, but our selves, of the Union of the Crowns. Yet such was our Zeal for the Protestant Interest, the Welfare of the Island, and the Liberty of Europe, that tho we had a fair opportunity of providing otherwise for our security and the Advancement of our Trade, and of forming our selves into a Commonwealth, or of bringing England to our own terms, yet we frankly and generously concurr'd with them to settle our Government on the same Persons, and in the same manner as they did theirs, and all the Reward we had from them is, that an Union of the Nations, tho twice propos'd by his Majesty in Parliament, hath been contemptously rejected, our King questioned by a Parliament of England for an Act of his Parliament in Scotland, which is a manifest Impeachment of our Soveraingty; a Compliance with which excluded Baliol and his Heirs for ever from our Crown; and to this they have added an opposition to our receiving foreign Subscriptions at Hamburgh and elsewhere, refus'd us a Supply of Corn for our Mony, to relieve us in our Distress; and discourag'd our Settlement at Darien, by forbidding their Subjects to trade with us there. If these continued Slights and Injuries be not enough to make us weary of the Union of the Crowns, let any Man judg. To discover a little of the unreasonableness of this sort of Treatment, we dare appeal to the calm thoughts of such of our Neighbours in England, as prefer the Interest of the Publick to private Animosities, and foolish ill-grounded Piques, either as to Church or State; whether at the time of the Revolution, and before we declar'd our selves, they would not have been willing to have assur'd themselves of our Friendship, at the rate of uniting with us as one Nation? Had we but demurr'd upon forfeiting the late K. James, or made but a Proffer of renewing our antient League with France, and joining with that Crown to keep that Prince upon the Throne of Great Britain; they know we might have made what Terms we pleas'd with the late King and Louis XIV. on that condition, and might have been restor'd to all the Honours and Privileges that our Ancestors enjoy'd in France, which were almost equal to those of the Natives; and yet that gallant Nation thought it no disparagement to them, however we be despis'd and undervalued now by a certain Party in England. Had we but seem'd to have made such Overtures, the English must needs have foreseen that the natural Consequences of such a Design, if it had taken effect, must have been these, viz. the late King's Adherents in England would certainly have join'd us, and our Nation would have afforded them a safe retreat, in case of any Disaster, till they could have concerted Matters to the best advantage; the late King would not have yielded himself such an easy Conquest, nor disbanded his Army in such a manner as he did; Ireland had certainly never revolted, since every one knows that the Revolution was begun, and in a great measure perfected there by the Scots of the North; so that England must have become the Theatre of War, bin liable to an Invasion from France on all occasions, would only have strenghtened her Fetters by struggling with them, and expos'd all the Patriots of her Religion and Liberty to Butchery and Destruction. These must certainly have been the Consequences of our adhering to the late King, and the English would have thought they had had a very good Bargain if they could have bought us off in that case with uniting both the Kingdoms into one, and granting us a joint Trade to their own Plantations; wheras now they will not allow us to settle a foreign Colony of our own, and treat us as Foreigners in theirs. To shew that this is not a mere Conjecture, that has no other ground but a Vision of the Brain, they may be pleas'd to consider the honorable Privileges granted us by their Ancestors, and some of the greatest Princes that ever swayed their Scepter, viz. King Edward and William the Conqueror, who by the Consent of the States in Parliament assembled, enacted, That the Scots should be accounted Denizons of England, and enjoy the same Privileges with themselves, because of their frequent Intermarriages with the English, and that they did ever stand stoutly as one Man with them for the common Utility of the Crown and Kingdom, against the Danes and Norwegians, fought it most valiantly and unanimously against the common Enemy, and bore the burden of most fierce Wars in the Kingdom. This they will find in a Book call'd, Archaionomia , translated from the Saxon by William Lambard, and printed at London by John Day in 1568. It must be granted, that the Reasons of such a grateful Retribution are redoubled now: Intermarriages betwixt the two Nations are more frequent than ever; the Union of the Kingdoms under one Crown for almost 100 years; the generous Concurrence of the Scots in the last Revolution; their loss of so many gallant Officers and brave Soldiers in the common Cause during the late War, and the preservation of Ireland, which hath been twice owing to our Countrymen, might reasonably entitle us to the same Privileges now, that our Ancestors were formerly allow'd by King Edward, and William the Conqueror. We need not insist on another sort of Obligation, that we have put upon England twice within this 60 years, viz. the delivering them from their Oppressions in the time of K. Charles I. the Anarchy of the Rump, and several Models of Armys and Juntos, by encouraging General Monk's Undertaking; for it cannot be denied that we had the Ballance of Europe in our hands at the time of the last Revolution, and that we turn'd the Scale to the advantage of England in particular and of Europe in general, which must be allow'd to be as great a Service, as that which was so thankfully rewarded by Edward, and William the Conqueror; whence it is evident that those Englishmen, who at present oppose our Settlement in America, don't inherit the gratitude of their Ancestors, when they not only will not allow us to trade in conjunction with them, but withstand our doing any thing that may advance a Trade by our selves. If they object that what we did in all those cases was no more than our duty, and what we ow'd to our own Preservation as well as to theirs: it is easy to reply, that admitting it to be so, yet by the Laws of God and Men People are incourag'd to perform their Duties by Rewards; and their Ancestores were so sensible of this, that tho they knew we were equally concern'd to defend the Island against foreign Invaders as well as they, yet they thought themselves oblig'd in Policy as well as Gratitude, to reward us; which they not only did by that Honorary Premium of allowing us to be Denisons of England, as above-mention'd, but sometimes gave to us, and at other times confirm'd to us the three Northern Counties of Northumberland, Westmorland, and Cumberland, bo be held in Fee of the Crown of England. It is likewise very well known with how much Honour the Parliament of England treated us, when they courted our Assistance against K. Charles I. and what large Promises that Prince made us, if we would have but stood Neuter; which tho we had reason to think many of those that opposed him had no great kindness neither for our Civil nor Ecclesiastical Constitution, yet the sense that we had of the common Danger that our Religion and Liberties were in at that time, made us proof against all those Tentations; so that after all Endeavours for a Reconciliation betwixt the King and the Parliament of England prov'd unsuccessful, we sent in an Army, which cast the Ballance on the side of the latter; who before that time were reduc'd low enough by the King's Army, as is very well known to such as are acquainted with the History of those times, and is own'd by my Lord Hollis in his Memoirs lately publish'd. But to return to the last Revolution: Tho we must own that we owe our Deliverance to his present Majesty, and were oblig'd in Conscience and Honour to concur with him; yet who could have blam'd us to have stood upon Terms before we had fallen in with England? especially considering how ungratefully (nay villanously) we were treated by Cromwel and his Party, after we had sav'd them and the Parliament of England from the Scorpions that the Cavaliers had prepar'd to chastise them with; as is own'd by the said Lord Hollis. Nor could we have been any way culpable, if we had stood upon higher and surer Terms with his Majesty, considering how unthankfully we were abus'd and enslav'd by our late Kings, for whom we had acted and suffered so much. And tho we must own that no less Present than that of our Crown was sufficient to testify our Gratitude for what the Prince of Orange had done for us, yet we were under no necessity of gratifying him in that manner, since our Deliverance was effected before hand, and that he himself in his Declaration express'd it to be no part of his design to come for the Crown; so that our Reward was as frank and generous as his Service. Then as to England, we were under no manner of obligation to continue the Union with them: We might have insisted upon having our King obliged to reside as much amongst us as amongst them: that we should be govern'd without any consideration or respect to their Interest, any further than it fell in with our own. We might have insisted upon an Act that we should not be oblig'd to attend his Majesty at any time at the Court of England, about our Affairs; but that he should either attend upon our Administration in person pro re nata, as he does now upon the Affairs of Holland, or lay down Methods to have his Pleasure signified to us at home in such cases as it was requir'd; which would save a vast deal of Money annually to the Kingdom of Scotland. Then as to the Succession, we were under no necessity of settling it in the same manner as they did in England: for since they had made a Breach in the Line, they could not handsomly have blam'd us to have made an improvement of it, and either to have limited the Reversion after his present Majesty's Death, or otherwise as we should have thought best, for the security of our Civil and Religious Liberties; or we might have settled it upon the Prince of Orange and his Issue by any other Wise, there being cause enough then to conceive that he was never like to have any by his late excellent Princess. Had we taken any of these Methods, it must be own'd that England would have been considerably weakned, and lessen'd in the Esteem of the World by it; that we should have thereby had an opportunity of making such foreign Alliances with France, as formerly, or with any other Nation, as would have made England uneasy, and perhaps unsafe on occasion; and therefore it must be reckon'd highly impolitick, as well as ungrateful, in our Neighbours to treat us continually as such a rate, as if they had a mind to bring us under subjection, since we have so many open Doors to get out at. They must not think that we have so far degenerated from the Courage and Honour of our Ancestors, as tamely to submit to become their Vassals, when for 2000 years we have maintain'd our Freedom; and therefore it is not their Interest to oppress us too much. If they consult their Histories, they will find that we always broke their Yoke at long-run, if at any time we were brought under it by Force or Fraud. The best way to assure themselves of us is to treat us in a friendly manner: Tho we be not so great and powerful as they, it is not impossible for us to find such Allies as may enable us to defend our selves now as well as formerly. None of these things are suggested with an ill design to raise Animosity betwixt the Nations, or to perswade to a Separation of the Crowns, but merely to shew those of our Neighbours, who use us so unkindly, that they are bound in Gratitude, Duty and Interest to do otherwise, and particularly to support us in our American Settlement, and not to lay our King under a necessity by their froward Humours in Parliament or otherwise, to discourage us in that Undertaking, as they have hitherto done, and continue still to do in their American Colonies, by their Proclamations against having any Commerce or Trade with the Scots at Darien; tho they be settled there according to the Terms of his own Patent, and an Act of Parliament in Scotland. We are not insensible that the present Juncture of Affairs obliges the Kingdom of England to carry fair with Spain, and may admit that in part as an Apology for some of that Opposition we have met with from them; but the questioning our Act of Parliament at first, and their hindering our Subscriptions at Hamburgh afterward, before ever they knew what our design was, make that Excuse of little weight, but allowing it all the force they would have to bear, it may be worth their while to consider whether it be more their Interest to incourage the Spaniards in an unjust Opposition to our American Settlement, or to support the Scots in maintaining their Right. It is certain that the Spaniards are in no condition to break with England; or if they should, it's in the power of the English to reduce them speedily to reason: whereas if the Scots should miscarry in their Undertaking by the Discouragements from England before-mentioned, which exposes our Ships to be taken and treated as Pirates by any Nation that pleases, the infallible consequence of it will be, that the Ruin and utter Impoverishment of Scotland, which must necessarily follow such a Miscarriage, will immediatly affect England both in her Trade and Strength: The City of London and the Northern Road will soon feel the effects of it, when the Money spent by our Gentry and Merchants continually for Cloaths, Provisions, and Goods, ceases to circulate there: England must unavoidably become an easier Prey to any foreign Enemy; since it will not be only the Loss of a Tribe, but of an entire Sister-Nation. Or supposing that Scotland should be able to bear up under the Loss, it will lay the foundation of an irreconcilable Feud, and perhaps issue in a War betwixt the two Nations; which did never yet terminate at long-run to the advantage of England, and is as unlikely to do so now as ever: for in such a case they would find us unanimous as one Man against them; whereas we are sure that all those who wish well to the Protestant Interest, and their present Constitution, would never join in any such War against us; and therefore those who are Enemies to the Peace of the Nations, being aware of this, labour to effect their Design by another Method, and endeavour as much as they can to dash the Government and us against one another. But they are mistaken in the People of Scotland: we are so sensible of our Obligations to K. William, and know so well what is due to our Deliverer, that it surpasses all their Art to create in us the least ill thought of him; it is not in the temper of our Nation. The World knows that however frequent and successful we have been in reducing our bad Kings to reason, yet there never was any People under the Sun more loyal and affectionate to good Princes than we have been; and if, when we have been forc'd to oppose our Monarchs, private persons have sometimes carried their Resentments too high, yet the publick Justice of the Nation was always govern'd with Temper. We could multiply Instances to prove this, but need go no higher than the three last Kings, who tho all of them Enemies to our Constitution, as appear'd by their Principles and Practices, yet it's very well known what we both did and suffer'd for them, and particularly for K. Charles I. tho the Malice of a Faction in our neighbouring Nation fix'd a scandalous Reproach upon us, as if we had sold him; from which Reflection we are sufficiently vindicated by the Lord Hollis's Memoirs before-mentioned; wherein that excellent Person makes it evident, that tho our War against that Prince was just, yet we had all possible respect for his Person, made the best Conditions we could for his Safety and Honour, and to avoid greater Mischiefs, and the playing of our Enemies game to the ruin of our selves and his Majesty, we were necessitated to leave him in England. Memoirs p. 68. Then since we carried it so to a Prince that had been no way kind to us, it will be impossible to create a Breach betwixt us and a Prince, to whom, under God, we owe all that we enjoy as Men and Christians: But at the same time our Neighbours, who think to drive that Nail as far as it will go, would do well to consider that we never believ'd that Doctrine in Scotland, that it is unlawful to resist a King, or any that have a Commission under him, upon any pretence whatsoever: we left that Doctrine in Scythia, from whence some Authors derive our Origin, and think it only fit to be sent back to Turkey, from whence it came. We know very well how to distinguish betwixt a lawful Power, and the abuse of it; and our Ancestors rightly understood how to obey the lawful Commands of their Princes, when Masters of themselves, and how to govern by their Authority, and in their Name, when they were not; tho they did not think themselves obliged to obey their personal Commands, when the Fortune of War, or other Accidents had put them into the hands of our Enemies. Thus we refused Obedience to K. James I. when detain'd Prisoner in England contrary to the Law of Nations, and carried over into France, to command his Subjects there not to bear Arms against the English Army, where he was in Person. We told him we knew how to distinguish betwixt the Commands of a King and those of a Captive: and that most of the Kings of Scots have been such in relation to us since the Union, we could heartily wish were not too demonstrable. To return to the point of what may probably be the Consequences if the English should proceed to any further degree of opposition; or if the Scots should miscarry in the Design. It's reasonable to believe that the English will be so wise as to forbear Hostilities, tho we are very well satisfied there is a Party in that Nation who bear ours no good will; but they being such as are either disaffected to the present Constitution, or acted by a sordid Principle of private Interest, it's to be hop'd they will never be able so far to leaven the sound part of the English Nation, as to occasion a Rupture betwixt them and us: yet we must needs say that we look upon their way of treating us to be a very unaccountable thing, and that it was no small surprise to us, to find that an English Parliament should look on our taking Subscriptions in England in order to admit them Joint-Sharers with our selves, in the benefit of the Act to encourage our Trade, to be no less than a high Misdemeanour. We have reason likewise to complain of their constant practice of pressing our Seamen in time of War, as if they were their own Subjects, and that they should treat us in other respects as if we were Aliens; and sometimes confiscate Ships, by reckoning Scots Mariners as such: so that the English have not only depriv'd us of our Government and the warm Influences of our Court, the want of which is a considerable addition to the natural coldness of our Climate, but they likewise oppress us on all occasions, and do manifestly endeavour to prevent our Application to Trade. We know there's a Party in that Nation, who think we sustain'd no great loss by the removal of our Princes; but we would wish them to consider what a murmuring they themselves make when the King goes annually to the Netherlands (tho the safety of Europe requires it) because of the damp it puts upon Trade, and the Mony it carries out of the Kingdom. Let them consider then what our Nation has suffer'd in that respect now for almost 100 years, besides the lessening our esteem in the Eyes of the World, so that our Honour and Substance are both swallow'd up by the Kingdom of England; and yet they will neither admit us to the privileges of Fellow-Subjects with themselves, nor suffer us to take such measures as may inable us to stand on our own bottom. Certainly this is not the way to establish the Peace, nor to increase the Wealth of the Island. We know that it was a Maxim in some of the late Reigns, That it would never be well till all that part of Scotland on this side Forth, were reduc'd to a hunting Field; but we were in hopes the bitterness of those days had been past: yet it seems that Party have still so far the ascendant amongst our Neighbours, as to procure a publick opposition to all our Endeavours for raising our Nation by Trade. It will upon due examination be found as bad Policy as it is Christianity, to urge, as some of our Neighbours do, that it is the Interest of England to keep the Scots low, because they are an independent and free Nation, and were our antient Enemies; and therefore may be dangerous Neighbours if they grow rich and potent. Nothing but Rancour and inveterate Malice can suggest such sour thoughts as these. It were fit that sort of Men should be purg'd of their Choler. The Scots to obviate all dangers from that Head, have, tho they be much the antienter Nation, condescended so far as several times to propose a Union, which the Gentlemen of that Kidney have hitherto prevented; and therefore we would wish them to look back into their Histories, and upon casting up their Accounts, make a true Estimate of whatever they gain'd by a War with Scotland. They will find that their Ancestors, as well as the Romans, have been sensible, as Tacitus expresses it, Quos sibi Viros Caledonia seposuerit ; and that as it was true what our Historian says of the unjust and treacherous War made upon us by Edward I. that Scotorum Nomen pene delevit ; it was also true what he says on the other hand, that Angliam vehementer concussit : So that those Gentlemen take the direct way by opposing and oppressing us to run into those dangers they would avoid; for they may assure themselves that if the English Opposition to our American Settlement should once break out into Hostilities, the Scots will find some Allies, antient or new, that will be glad of the opportunity to join with them. Or if, which is most probable, tho highly ungrateful and impolitick, the English should so far neglect the Scots, as to suffer them to be overpower'd by the French, they may be sure that the Scots, when put to their last shift, can always make an honourable Capitulation with France: It's not to be doubted, but that Crown would be very willing to renew their antient Alliance with us; and besides allowing us a Share at least in the Trade of Darien, would on condition of giving them the Possession of New Caledonia, restore us likewise to all our antient Privileges in France. They would think it a very good purchase if they could secure themselves of that Colony by doing so, granting us what security we could reasonably desire for the uninterrupted Injoyment of the Protestant Religion, and a Freedom of Trade to all places of the World where it did not actually interfere with their own Settlements and Colonies. So that if this should be the case, we leave it to our Neighbours to judg what would become of their East and West India Trade and Plantations, and of their own Liberty, and whether they would be able to stand out against France and us, now that they have no footing on the Continent, since formerly, when they had so many Provinces of that Kingdom in their possession, they found it a hard matter to do it, and at last lost every foot of their French Dominions: Whereas had they been in Union with us, they might certainly have retain'd them, and by consequence have prevented the great Calamities that Europe hath since groan'd under by the prodigious Increase of the French Monarchy. This we think sufficient to convince those angry Gentlemen in our neighbouring Nation, that are so very much disgusted with our American Settlement, that it is the Interest of England to join with us and support it, and that it may be of dangerous consequence to them either to oppose or neglect us: Whereas by joining cordially in this matter, they may unite us inseparably to themselves for ever, inrich their own Nation, secure and advance the Protestant Interest, keep the Ballance of Europe in their hands, and prevent the returns of its danger, their own expence of Blood and Treasure to save its being threatned with Slavery any more, either by the House of Bourbon or Austria. Therefore we cannot believe after all, but our wise and politick Neighbours will at last see it their Interest to protect and incourage us in this matter, that we may mutually strengthen and support one another against the French, who are loudest in their Clamours against our Settlement, because if incourag'd and improv'd it will defeat all their ambitious and Antichristian Designs; and thereby we shall also be in a condition to assist the English Plantations in the West Indies, who as we find by the proceedings of the Earl of Bellomont and the Assemblies of New England and New York, are sufficiently sensible of their danger, from the incroaching temper of the French, which increases every day; and it is evident that their new design'd Colony in Mississipi River looks with a dangerous Aspect upon all the English Plantations in America, and may be more justly esteemed an Incroachment upon Spain, as being in the Bay of Mexico, than our Plantation in Darien: which argues the treacherous Humour of that Nation, to make such an Outcry against the Scots who have invaded no Mans Property, when they themselves are so notoriously guilty of it; and therefore it would seem to be the Interest of England rather to strengthen themselves by our Friendship, and to look after the French, than to provoke us to look out for other Allies by their opposition and neglect. We shall conclude this matter with one or two more Arguments to prove, That it is the Interest of England to join with us in this Affair; by which also it will appear that there is nothing advanc'd in these Sheets out of any ill Design against the English Nation, or to perswade to a disuniting of the Crowns; but on the contrary, that a stricter Union is absolutely necessary, that both Nations may have but one Interest, which will render us less liable to Convulsions and intestine Commotions at home, and put us out of danger of being attack'd by Enemies from abroad. It is plain from the Instance of Darien, and the Proclamations in the English American Colonies against their Subjects entertaining any Commerce with our Settlement there, that by the Union of the Crowns upon the present footing, we are in a worse condition than ever; for when any thing happens wherein the Interest of England seems to be contrary to ours, it is certainly carried against us, and we are left without remedy: so that in this respect we are in a worse condition than any Foreigners, with relation to England; for if a foreign People discover any thing that may be of advantage to them, they are at liberty to pursue it by themselves, or to take in the Assistance of others; and if they find themselves aggriev'd by England, they have their respective Governments to make application to for redress: but we are the most unhappy People in the World; for if England oppose us, we have no King to appeal to, but one that is either an Alien and Enemy to us, as being King of a greater People who are such, or if he be inclinable to protect and do us Justice as King of Scots, he is a Prisoner in England, and cannot do it: If they question him in the Parliament of England for any thing relating to his Government of Scotland, as in the case of our late Act for an East-India and African Trade, his Interest as King of England obliges him to submit himself as King of Scotland; by which means our Crown, which we defended so gallantly for so many ages, and which the English could never make subject to theirs by force, is now intirely subjected by a false step of our own, in suffering our King to take their Crown upon him without making better terms for our selves: So that instead of having a King to fight our Battels, we have made a surrender of our Prince to the Enemy, who arm him against us; and which is worst of all, we have falsified our own Proverb as to our selves, That Scots-men are wise behind hand: for tho we sufficiently smarted for it in the four last Reigns, yet we had not so much foresight or care of our selves as to prevent the Consequences of it in this Reign, when it was in our power to have done it. Then if we make application to our antient Allies, or any other foreign Power for Assistance, when we groan under Oppression, we are treated as Rebels: Thus our whole Nation was proclaim'd such for but offering to make application to the King of France, as our antient Friend and Ally, when a certain Party in England had arm'd our natural Soveraign K. Charles I. against us. And that which is still worse, tho our Crown from the time of the Union has been for the most part on the Head of an Alien or Enemy, yet it has influence enough to divide us amongst our selves against the Interest of the Nation; as in the Reign of K. Charles II. those that comply'd with the Court of England were brib'd with all the chief places in our Administration, whilst those who were true Patriots to their Country (as for Honour sake to instance only in the late Great Duke of Hamilton, and our present Lord High Chancellor) were expos'd to all manner of Dangers and Vexations. This we think sufficient to convince our Neighbors that we have no reason to be fond of having the Union of the Crowns continu'd, except the Interest of the Nations be more closely united than ever they have hitherto been. And to let them see that it is their interest as well as ours it should be so, we shall only desire them to consider how fatal it may be to them, if by any Emergency we should be forc'd to break off the Union of the Crowns, and enter again into a French Alliance. It's in vain for them to object that in such a case we should betray our Religion; for we see the persecuted Hungarians were protected in that by the Turks, tho sworn Enemies to it: nor is it impossible but there may be a Change as to that matter in France; L. XIV. is not immortal: and even Julian the Apostate himself found it his Interest for some time to protect the Orthodox Christians, whom he mortally hated. But supposing (as indeed there's no great likelihood of it) that no such Alliance as this should ever happen; yet however, if these two Nations be not more closely united, it may be of ill consequence to England, if any of their Kings at any time should be so far disgusted with their Proceedings, as to leave them, and betake themselves to us. What a Field of Blood and Slaughter must England have become, had we carried off K. Charles I. when he came to our Army, or if we had join'd him against the Parliament of England? What great Efforts did a Party of our Nation make to inthrone K. Charles II. when England was against him? and how did our Concurrence afterwards with General Monk effect it? How soon did our espousing the D. of York's Interest turn the Tables upon those that opposed him in England? And if our Nation had likewise espous'd his Cause before the Revolution, the Viscount of Dundee gave a sufficient proof what we could have done for him. There's a strong Party in England at present against allowing the King a standing Force, for fear, as they pretend, of losing their Liberties; but all their Opposition in that respect would signify little, if (in case of a Rupture) our Nation should take part with the Court, and bring in 22000 men, with 6 weeks Provisions and Pay, as we are oblig'd to do by Act of Parliament, for his Assistance. This makes it evident that it is not the interest of England to slight an Union with us so much as they have don: for so long as we remain divided, any King that is so minded, may make use of us to inslave one another; and any envious Neighbour, whose Interest it is to keep this Island low, will be sure to blow the Coals. If they'd but turn the Tables, and make our Case their own, they would quickly be satisfied of the truth of what we advance. Supposing that the Government of Scotland should traverse the Actings of the Government of England in relation to their Trade, &c. as they have done ours; and supposing that a Parliament of Scotland, when the King were there, should question him for the Navigation Act, and that for the Incouragement of Trade in England by K. Charles II. which lays us under such hard Circumstances and Restrictions, the English would certainly very much resent it, and speedily tell us we meddled with what did not belong to us: Then why should they deny us the like liberty in reference to their Proceedings against us, seeing we are a free Nation as well as they? They cannot think that the Kingdom of Scotland will look upon the English Proclamations in the West-Indies, against having any Commerce with our Colony at Darien, to be the Act and Deed of a King of Scotland, since it is not only contrary to his own Act of Parliament there, and his Patent under the Great Seal of that Kingdom, but contrary to the Interest of that Nation: but being the Act of a person who is really King of Scots, we can look upon it to be no other than the effect of a force put upon him by a Nation which in this matter thinks it their Interest he should do so. Now suppose, which God forbid, our Colony should be starv'd by virtue of those Proclamations, or that our Ships going and coming from Darien, should by reason thereof be attack'd, and treated as Pirates by the English, French, Dutch, or any other Nation, who may take the opportunity to do it, and say our King has declar'd against us; to whom should we make application for redress in this matter? The King of England, he is our Enemy, and emitted those Proclamations; the King of Scots is detain'd in England, and not Master of himself, but is forc'd to act thus contrary to the Interest of his own antient Crown and Kingdom; as a former K. William, John Baliol, and James I. were forc'd to do, when in the power of the English. In such a case, if our infant Colony should by this means be destroyed, our Neighbours must needs think that we should look for a Compensation somewhere, resume the Government into our own hands, and strengthen our selves by new Alliances; which perhaps might be little to their advantage. This is not suggested as a thing that is ever likely to be practis'd, or to which the Kingdom of Scotland is any way inclin'd: Our whole Conduct since the Union is a continu'd evidence of the uprightness of our Intentions towards England; and the Offers we did make, and do still continue to make, of admitting 'em as Partners and Sharers in our new Settlement, are enough to stop the mouth of Calumny it self. But if in return for our kindness we meet with Neglect and Contempt, have our Soveraignty trampled under foot, our Settlement in America by an Act of Parliament in Scotland reflected upon as unjust by Proclamations from England, the World cannot blame us to complain of the Violence done to our Independency and Honour; which is not to be salv'd by any politick considerations whatever, that our Neighbours can pretend for this Treatment. Nor can any thing less than joining with us, and protecting that Settlement against all opposition in case of Attacks by the French, or others, sufficiently atone for what is already don, or heal the Wound those Proclamations have giv'n to the common Interest and Honor of the Island. We come in the next place to give a Description of the Isthmus of Darien. It lies betwixt the 8th and 10th Degrees of Northern Latitude, and in the narrowest place is betwixt 60 and 80 Italian Miles over. We shall not trouble our selves with the Description of any more of it than is in the possession of the Natives, which is in length from E. to W. on the North side from the Mouth of the River Darien to Port Scrivan, above 140 Italian Miles; from Caret Bay to the River of Cheapo on the Southside, it is about 160 in length. It is supposed to take its Name from the great River of Darien, that bounds its Northern Coast to the Eastward. It is bounded on the North and South with the vast Oceans that carry the names of the North and South Seas. Its Situation is very pleasant and agreable, and very commodious for a speedy and short Communication of Trade betwixt the North and South Seas, and preventing that vast Compass that must otherwise be fetch'd round either of the Extremes of North and South-America. By this means also it lies convenient for a speedier Communication of Trade betwixt Europe and the EastIndies than any that hath hitherto been found out. Mr. Dampier says, that from Cheapo, or Santa Maria River, a man may pass from Sea to Sea in three days, and that the Indians do it in a day and half. There are abundance of valuable Islands on both sides the Isthmus, which prevent the breaking in of the Ocean upon it at once; and besides the Conveniences of Wood, Fish, Fowl, and Water, afford good and safe Riding in all Weathers, to any number of Ships, especially those call'd the Sambaloes, that lie along the Northern Coast. The Continent is agreably intermix'd with Hills and Valleys of great variety, for height, depth, and extent. The Valleys are watered with Rivers, Brooks and Springs, which take their rise from a great Ridg of Hills that run along the Isthmus, but nearest to the Northern Shore, from which it is seldom above 15 miles distant, and from whence the Sambaloes Islands, and the various makings of the Shore, and the continued Forest all along the Country gratify the Eye with a very fine prospect. The Rivers on the Northern Coast are generally small, because their Course from the abovementioned Ridg of Hills is but short; yet the River of Darien is very large, but the depth of its entrance not answerable to its width, yet further in it is deep enough, and hath a good Harbour in Caret Bay which is some leagues up the River, hath two Islands of pretty high Land, cloath'd with variety of Trees lying before it, and two or three streams of fresh Water falling into it. From this Bay to the Promontory near Golden Island, the Shore is indifferently fruitful, and the Soil on the Northern Coast is generally good, but swampy here and there to the Sea. To the Westward of the Promontory, at the entrance of the River, is a fine sandy Bay with three Islands, one of them Golden Island lying before it, which make it an extraordinary good Harbour. Golden Island is rocky and steep all round, except at the landing place on the South side, so that it is naturally fortify'd. The Land of the Isthmus over against it to the S. E. is an excellent fruitful Soil. West of this Island lies the largest of the three, being swampy and covered with Maingroves. To the North of these lies the Island of Pines, cover'd with tall Trees fit for any use. From the point against these Islands for three Leagues Westward, the Shore is guarded by Rocks, so that a Boat cannot land; but at the N. W. end of the Rocks there's a very good Harbour, and good Riding, as has been said, in all Winds, by some or other of those Islands, which with the adjacent Shore make a lovely Landskip off at Sea. The Channel betwixt them and the Isthmus is two, three, and four miles broad, and navigable from end to end; and the Ground opposite to them within Land an excellent Soil, and a continued Forest of stately Timber-trees. On the South side there's the River Sambo that falls into the Sea by point Garachina. This is a large River. Then there's the Gulph of St. Michael, made by the Outlet of several considerable Rivers, as those of Santa Maria and Congo, and the Gold-River, so call'd because of the great plenty of Gold Dust it affords to the Spaniards. The River Congo may be entred at high water, and affords a good Harbour. The Gulph has several Islands in it, and affords good Riding in many places. The Country on this side as on the other is one continued Forest; and forms a Bay call'd the Bay of Panama, abounding with fine Islands, and affording good Riding for Ships. The Soil of the Inland Country is for the most part a black fruitful Mold. The Weather is much the same as in other places of the Torrid Zone in this Latitude, but inclining to the wet extreme, for two thirds of the year, the Rains beginning in April. The most remarkable of their Trees are the Cotton Tree, which bears a Cod as big as a Nutmeg full of short Wool or Down, and affords Timber for Canoes and Periagoes; they abound with stately Cedars and Macaw Trees, which bear a Fruit as big as a small Pear, of a tart but not unpleasant Taste; Bibby Tree, the Wood hard and black as Ink, and being tapp'd, affords a Liquor call'd Bibby, of a pleasant tart taste, which the Indians drink. They have abundance of Plantains set in Walks, which make very delightful Groves, and yield an excellent Fruit, and being green and sappy, are cut down with one stroke of an Ax. They have also plenty of Bonanoes another sort of Plantain, which eats best raw as the Plantain does boil'd. They have great store of that excellent Fruit call'd Pine-apples, which tastes like a Mixture of all delicious Fruits, and ripens at all times of the year. They have also Prickle-pear, which is a very good Fruit; and Sugar-Canes, of which they make no other use but to suck out the Juice. The Maho Tree, of which they make Ropes, Cables for Ships, and Nets for fishing. The Calabash whose Shells serve for Cups and other occasions, is curiously painted; the sweet sort of 'em is eatable, and the bitter sort Medicinal. They have also Gourds of the like nature. There's a Plant they call Silk Grass which resembles our Flaggs; this they beat into strings like fine Flax, much stronger than our Flax or Hemp; of these they make Ropes, Cordage of all sorts, Nets for small Fish; and the Spaniards and others use it for Shoemakers Thread, Stockins, and a sort of Lace. They have a Tree call'd Lightwood, as large as an Elm, but so light, that a Man may carry a great quantity of it on his back. It is in substance like Cork, and made use of by the Indians for rafters to go to Sea, or pass Rivers. They have a Tree call'd Whitewood of a finer Grain, and whiter than any European Wood, and fit for inlaying. They have Tamarind, Locust Tree, Bastard Cinnamon, Bamboes, and Maingrove Trees in plenty. They have Shrubs that bear store of Pepper of two sorts, call'd bell Pepper, and bird Pepper. Mr. Wafer, to whom we owe this Description, takes notice of a Redwood, whereof there grow great quantities on the Northern Coast; the Indians make use of it for dying, and mix a kind of Earth they have with it. It makes a bright glossy lively Red, which no washing can fetch out again. This we suppose to be the Nicaragua Wood. Their Roots are Potatoes, Yams, and Cassava; of the last of which they make Bread. They have likewise Tobacco, but don't understand the planting and manuring of it; it is not so strong as that of Virginia. Their Beasts are the Peccary, and Waree a kind of wild Hogs, which are very good Meat. They have considerable store of Deer and Rabbits, and great droves of Monkys, which are extraordinary fat and good to eat. They have an Insect call'd a Soldier, somewhat resembling a Crab, which feeds upon what falls from the Tree, is a delicious Meat, and yields an Oil that is an excellent Salve. They have no European Cattle. Their Birds are the Chicaly-Chicaly, which makes a noise somewhat like a Cuccoo, is a large Bird, has Feathers of divers Colours very beautiful and lively, whereof the Natives sometimes make Aprons. This Bird keeps mostly on the Trees, feeds on fruit, and is pretty good Meat. The Quam feeds in the same manner, his Wings are dun, his Tail dark, short, and upright. He is much preferable to the other for Meat. There's a Russet-colour'd Bird, resembling a Partridg, runs most on the ground, and is excellent Meat. The Corrosou is a large Fowl as big as a Turky, and of a black colour. The Cock has a fine Crown of yellow Feathers on his Head, and Gills like a Turkey. They live on Trees, and eat Fruit. They sing very delightfully, and are so well imitated by the Indians, that they discover their haunts by it. They are very good Meat, but their Bones make the Dogs run mad, and are therefore hid from them by the Indians. They have abundance of Parrots, for size and shape much like those of Jamaica, they are very good Meat. Their Parakites are most of them green, and go in large flights by themselves. They have Macaw Birds which are as big again as Parrots, and resemble them in shape. They have a Bill like a Hawk, and a bushy Tail with two or three long straggling Feathers, either red or blue; but those of the Body are of a lovely blue, green, and red. The Indians tame those Birds, and teach them to speak; and then letting them go into the Woods amongst the wild ones, they will return of their own accord to the Houses. They exactly imitate the Voices and singing of the Indians, and call the Chicaly in its own Note. It is one of the pleasantest Birds in the World, and its flesh sweet and well tasted. They have also Woodpeckers which are pied like our Magpies, and have long Claws that they climb up Trees with; they are not pleasant to eat. They have plenty of Dunghil-foul resembling those of Europe, and their Flesh and Eggs as well tasted as ours. About the Sambaloes they have great store of Sea-foul, and particularly Pelicans which are large Birds, having Legs and Feet like a Goose, and a Neck like a Swan, the Feathers are grey. It has a Bag under its throat, which when fill'd, is as large as a man's two fists; and when dry, will hold a pound of Tobacco; they feed upon Fish, and the young ones are good meat. They have also Cormorants resembling Ducks for size and shape, are of a black Colour, have a white spot on the Breast, and pitch sometimes on Trees and Shrubs by the water side. They are too rank to be eaten. They have abundance of Sea-gulls and Pyes, which are pretty good meat, but eat fishy, which is cur'd by burying 'em eight or ten hours in the Sand with their Feathers on. They have flying Insects too, and among others Bees, which form their Hives on Trees; and it's observ'd, That they never sting any body: The Natives mix the Hony with Water, and so drink it, but know not the use of the Wax. They have shining Flies, which in the night time resemble Glowworms. Their Fish are the Tarpom, which eats like Salmon; some of 'em weigh 50 or 60 pound: They afford good Oil. They have Sharks, and another fish that resembles a Shark, but much better Meat. The Cavally is much of the size of a Maccarel, and very good Meat. They have a Fish call'd Old Wives, which is also very good to eat. Their Paracoods are as large as a well-grown Pike, and very good Meat; but in some particular places poisonous, which are distinguish'd by the Liver. Their Gar-fish is good Meat, they have a long Bone on their Snout, with which they will sometimes pierce the side of a Canoe. They have also Sculpins, a prickly Fish, which when strip'd, is very good Meat. They have likewise String-rays, Parrot-fish, Snooks, Conger Eels, Conchs, Perriwinkles, Limpits, Sea Crabs, and Craw-fish, and other sorts whose names we know not, that eat very well. The Inhabitants are most numerous on the North of the Isthmus; the Men usually 5 or 6 foot high, streight, clean limb'd, big-bon'd, handsomely shap'd, nimble, active, and run well. The Women are short and thick, and not so lively as the Men; the young Women plump, well-shap'd, and have a brisk Eye: both Sexes have a round Visage, short bottle Noses, large and grey Eyes, high Forehead, white even Teeth, thin Lips, pretty large Mouths, well proportion'd Cheeks and Chins, and in general handsome; but the Men exceed the Women. Both Sexes have streight long lank black Hair, which they generally wear down to the middle of their Back. All other Hair but that of their Eye-brows and Eye-lids they pull up by the Roots, cut off the hair of their Heads, and paint themselves black by way of triumph, when they kill a Spaniard. Their natural complexion is a copper Colour, and their Eyebrows black as jet. There are some among them of both Sexes, which bear the proportion of two or three to a hundred, who are milk white, and have all their Bodies cover'd over with a milk white Down; their Hair is of the same Colour, and very fine, about 6 or 8 Inches long, and inclining to curl. They are less in stature than the other Indians, and their Eyelids point downwards in form of a Crescent; they don't see well in the Sun, their Eyes being weak and running with Water if the Sun shine upon them, therefore they are call'd Moon-ey'd. They are weak and sluggish in the day time, but in Moon-shiny nights all life and activity, and run as fast thro the Woods by night, as the other Indians do by day. They are not so much respected as the other Indians, but look'd upon as monstrous. The Natives go naked both Men and Women, only the Men have a thing like an Extinguisher of silver or gold Plate tied round their middle to cover their Yard, and the Women tie a piece of Cloth before them, which comes as low as their Knee; but they use none of those Precautions till they come to the years of Puberty; the Men that have not those Extinguishers, make use of a piece of a Plantain-leaf of a Conick Figure. They are in general a modest and cleanly People, and have a value for Cloths if they had them. The better sort have long Cotton Garments shap'd like Carmens Frocks, which they use on solemn occasions, as attending the King or Chief, &c. For an Ornament to the Face, besides their general painting and daubing, the Men wear a piece of Plate hanging over their Mouths, and the Chief of them have it of Gold. It is an Oval Form, and gently pinching the Bridle of the Nose with its points, hangs dangling from thence as low as the under Lip; and instead of this the Women wear a Ring thro the Bridle of the Nose: they lay them aside at their Feasts. They likewise wear Chains of Teeths, Shells, Beads, or the like; the heavier they be, they reckon them the more ornamental. Their Houses lie mostly scattering, and always by a River-side, but in some places they are so many as to form a Town or Village. Their Walls are made up of Sticks, and daub'd over with Earth: The Fire is in the middle of the House, and the Smoke goes out at a Hole in the Roof: They are not divided into Stories or Rooms, but into Hovels; every one has a Hammock for a Bed in one of those Hovels. They have no Doors, Shelves, or Seats, other than Logs of Wood. Every Neighbourhood has a Warhouse of 130 foot long, the sides and Ends full of Holes, whence they shoot their Arrows on the approach of the Spaniards. In their Plantations they set so much Plantain, Maiz, &c. as serves their occasions: They likewise make Drink of Maiz, which they ferment by Grains of the same chewed in their Mouths: They have also another sort of Drink, which they make of Plantains. Most of the Drudgery is perform'd by the Women with great cheerfulness, being very well condition'd, and dutiful to their Husbands, who are otherwise very indulgent to them, and their Children. The Women wash the Mother and Child in a River within an hour after Delivery. The Boys are bred to the Bow, Hunting, and Fishing, &c. at which they are mighty dexterous; and the Girls help the Women in dressing their Victuals, Weaving, making Cotton Cloth, Cordage, Nets, &c. and the Men make Baskets very neat, dying the Materials first with lively Colours. They allow Poligamy, but punish Adultery with Death of both Parties: They punish Theft also with Death; and Fornication with thrusting a Briar up the Man's Yard, whereof they commonly die. The Facts must be prov'd by Oath, which is a swearing by their Tooth. When they marry, the Father or nearest Kinsman keeps the Bride privately in his own Apartments the first 7 Nights, and then she is deliver'd to her Husband: All the Neighbours for some Miles round are invited to a great Feast, and bring Provisions with them: The Fathers of the young Couple bring them forth in their hands, and the Bridegroom's Father makes a Speech; then he dances about in antick Gestures till all on a sweat, when he kneels down, and gives his Son to the Bride, her Father also having danc'd himself into a Sweat, and presenting her to the Bridegroom in the same manner; then they take each other by the hand, and so the Ceremony concludes. After this all the Men take up their Axes, and run shouting to a Tract of Wood-land, to prepare a Plantation for the new Couple. That being done, they have their Feast, and afterwards drink hard, all their Arms being first put out of the way, to prevent Danger in case of quarrelling. They divert themselves somtimes by dancing, and piping on a small hollow Bamboe, but without distinction of Notes: The Men and Women never dance nor feast together, but apart. The Women accompany them likewise in their hunting Expeditions, which sometimes last 20 days: They tie their Hammocks betwixt two Trees, cover them with Plantain Leaves, and have Fires all night by their Hammocks: Such of their Prey as they take a Hunting, and design to keep for future use, they barbecue in the Woods; and what they make use of for present Sustenance, they mix with Roots, Plantain, Bonanoes, and Pepper, and stew it together till it be brought to a Pulp; which they take up with the two foremost Fingers of their right Hand bent hookwise, and put into their Mouths. They travel by direction of the Sun, or the bending of the Trees, according as the Wind is. None of the English Authors take notice of their Worship or Religion, but give an account that they pawaw, or consult the Devil to know Futurities: and it would seem they are as ignorant in matters of Physick and Chirurgery, since when they would let a Patient blood, they set him upon the Bank of a River, and with a little Bow, and small Arrow, gag'd that it may enter no further than our Lancets, they shoot as fast as they can at all parts of the Patient's Body; and if they chance to hit on a Vein, that the Blood spurts out a little, they testify their joy by antick Dances. We come next to give an account of the Settlement of our men there; how they were receiv'd by the Natives; what Indian Princes there are in their Neighbourhood; in what state they found the Affairs of the Country; and of the Situation of our Colony. On the 27th of October 1698. our Ships came to an Anchor in a fair sandy Bay, 3 Leagues W. off the Gulf of Darien; upon which two Canoes, with several Indians, came on board, were very free with our Men, told them they had been long expected, and were very welcome: Our Men gave them some old Hats, Lookingglasses and Knives, with which they were extremely well pleas'd, and went off. When our Ships stood further into the Bay, they saw about 20 Indians drawn up on the Shoar, being arm'd with Bows and Lances; upon which a Boat being sent ashoar, and making a signal of Peace, they unstrung their Bows, talk'd familiarly, and told our Men that two Great Captains would in a little time come on board our Ships. Accordingly on November 2d in the morning Capt. Andreas, one of their Princes, accompanied by 12 Men, came on board, and ask'd their business; he was answered, that we came to live among them, and trade with them, and would afford them European Commodities cheaper than any other People. He ask'd if we were Friends or Enemies to the Spaniards; and was answered that we were at peace with all men, and would make war upon no man, except they injur'd us. He took us for Buccaneers, and told us he knew Capt. Swan and Capt. Davis in the South-Sea, and commended them as men of valour. We heard that part of his Discourse with very much coldness, and told him we came on no such design as those men did, but had Authority for what we undertook. We treated him civilly, gave him a Hat lac'd with Gold, and some Toys: and so he parted, promising in a little time to come again; which he accordingly did, and brought Don Pedro, another of their Princes or Captains, with him. Capt. Andreas was freer with us than at first, plainly own'd that he took us for Buccaneers, and complain'd that some English-men of that sort had after great pretences of Friendship, carried off some of their People; and therefore Don Pedro would not come aboard us till he had further assurance of us. Capt. Andreas is a person of a small stature; he affects the Spanish Gravity, as having been often among them at the Mines of Santa Maria, Panama, &c. and formerly had a Commission under them as a Captain, upon which he values himself above others: The French hate him mortally, because of something he did against some of their Nation formerly. When he came on board us, he had a sort of a Coat of red loose Stuff, an old Hat, a pair of Drawers, but no Stockings nor Shoes; and the rest that came with him were all naked, excepting their Penis, which was covered by Extinguishers, as formerly mention'd. Upon further communing, Capt. Andreas was very well pleas'd with us, offered us what part of the Country we would chuse, and accepted a Commission from us; and at the same time we gave him a Basket-hilted Sword, and a pair of Pistols: upon which he promised to defend us to the last of his Blood. Some of the Princes on this side the Isthmus had been in peace with the Spaniards for several years, and suffered a few of them to reside amongst them, to give notice to Panama of what Ships came upon these Coasts; but upon some fresh disgust, about two months before we arriv'd, Capt. Ambrosio, who is the most noted Prince amongst 'em, had oblig'd them to enter into a common Alliance against Spain, and cut off ten Spaniards, who liv'd upon Golden Island. The Place where we are setled is 4 Miles East of Golden Island, within a great Bay. We have an excellent Harbor, surrounded with high Mountains, capable of holding a thousand Sail land-lock'd, and safe from all Winds and Tempests. The Mouth of the Harbor is about random Cannon-shot over, form'd by a Peninsula on the one side, and a point of Land on the other. In the middle of the Entrance there is a Rock three foot above water, upon which the Sea breaks most terribly when the Wind blows hard; and within the Points there is a small Rock that lies a little under water. On both sides these Rocks there's a very good wide Channel for Ships to come in: that on the South-side is three Cables long, and seven Fathom deep; and that on the North two Cables long. From the two outermost points the Harbour runs away East a Mile and an half; and near the middle, on the right hand, a point of Land shoots out into the Bay: so that by raising Forts on the said Point, on the Rock in the middle of the Entrance, and the two outermost Points, it will be the strongest Harbor, both by Art and Nature, that's in the known World. The Bay within is for the most part 6 Fathom Water, and till you come within a Cable's length of the Shoar, three Fathom and an half: So that a Key may be built, to which great Ships may lay their Sides, and unload. The Peninsula lies on the left hand, is a mile and an half in length, very steep, and high towards the Sea: so that it would be very difficult for any body to land, till you come to the Isthmus, where there's a small sandy Bay that little Ships may put into, but is easy to be secured by a Ditch and a Fort. There are several little Rivers of very good Water that fall into the Bay; and it abounds so with excellent Fish, that we can with ease take more than it's possible for us to destroy, having sometimes caught 140 at a draught: amonst others there be Tortoises, which are excellent Meat, and some of them above 600 weight. The Peninsula was never inhabited, and is cover'd all over with Trees of various sorts, as stately Cedars, Brasil-wood, Lignum Vitæ, Box-wood, Fustick-wood, Yellow Sanders, Manshinel, &c. and the like sorts, besides others whose names we know not, grow on the Continent; and we doubt not of finding out the Nicaragua Wood: we have found Cabbage Trees, the Fruit of which eats like Collyflowers. The Natives have no Plantation within two Miles of us. We have a Watch-Tower upon an high Hill adjoining to our Plantation, about a mile South of the Bay; from whence we can see the Ships in the Bay, the Fort we have raised on the Mouth of the Bay, and as far as the Mouth of the River Darien: We can see above thirty Miles Southward, and have a fine Prospect of Golden Island, and the Isle of Pines, Westward towards Portobello, and Northward towards Jamaica. The Hill is about a Mile in height; so that we can see any Ships before they come within some Leagues of the Harbor. We compute our selves to be about 50 Leagues North of Carthagena, and as much South of Portobello. The 4 Indian Kings or Captains on this Coast visit us frequently in their Canoes; and the Natives are very kind to us, and sell us Plantains, Fowls, &c. for Toys or old Shifts. A French-man who hath married one of the Natives, informs us that the Spaniards have Silver and Gold Mines on the Isthmus, which we might make our selves Masters of with a 100 Men; so that if they commit Hostilities upon us, as we hear they threaten to do, it's not unlikely that we may visit them. We found some French Refugees in the Country, who are willing to settle under us; and having been several years in these Parts, and understanding the Language of the Natives, are very useful to us. We have seen some Sand in the Rivers, which looks as if it were mixt with Gold, and in some places the Earth seems to be very much mixt with it: so that it's concluded there's more Gold-dust here, than in any part of Guinea. The Indian Princes or Captains on this Coast do somewhat resemble our Heads of Clans in Scotland; and by their Converse at times with the Spaniards, and other European Nations, affect Christian Names. The first of these Princes we shall name is Capt. Diego; he commands from the bottom of the Gulph of Uraba Orba on this side Caret Bay, and has 3000 men under him; he has been at war with the Spaniards several years, occasion'd by an Insult his People had receiv'd from them, when they came to demand their share in the Mines which they had discover'd to the Spaniards in their Country, on condition of being Partners with them: but when they came to demand it, the Spaniards treated them villanously, beat and abus'd them; upon which they attack'd the Spaniards, cut off 20 of their men, and 3 Priests that belong'd to the Mines. The next is Capt. Pousigo. He is an Indian Clergy-man, and Brother in-law to Capt. Andreas. The Peninsula that we possess, lies betwixt his Territory and that of Capt. Andreas, who together with his Brother, commands from Golden Island to the River Pinas. Their Command is greater than that of Pousigo, but not so great as that of Diego. These Princes are very useful to us, because of their Neighbourhood and Consanguinity to one another. Capt. Ambrosio commands from the River Pinas to the Samballoes: He is a man of about 60 years of age, but strong and vigorous, well limb'd, and of a stern Countenance: he is a mortal Enemy to the Spaniards, with whom he hath had a long War: he is esteemed the bravest of all the Indian Captains. His Son-in-law Don Pedro having been taken by the Spaniards, and kept by them as a Slave at Panama, he can never forget nor forgive it them: This young man is a great Friend to the French, who they are made to believe design to come and settle among them. Ambrosio and his Son-in-law prest us much to come and settle in their Dominions, and join with them to make war on the Spaniards: We gave them fair Words, and promis'd to come and view their Coasts, which we accordingly did; and in our way thither, four Leagues Westward of our Settlement, we found an excellent Harbour, capable of 10000 Sail; but it can't be defended without many Forts: Here the Privateers us'd to come and careen. Capt. Ambrosio's House lies about a League from the Water-side, on the Bank of a River, having 12 lesser Houses about it: When we drew near it, he advanced 50 Paces to meet us, being attended by 20 men in white loose Frocks with Fringes round the bottom, and arm'd with Lances: He saluted us kindly, and gave us a Calabash of Liquor almost like Lambs-wool, made of Indian Corn and Potatoes. His House is 90 foot long, 35 broad, and 30 in height, curiously thatch'd with Palmetto Royal, and over that Cottonleaves. The Floor is of firm Earth like Tarras, very smooth and clean. The sides are compos'd of large Canes, as thick as a Man's Leg. In this House live Ambrosio and his Sonin-law Don Pedro, with both their Families, consisting of about 40 Persons. We saw Ambrosio's Grandmother there, who is 120 years old, and yet was very active in getting things ready for our Intertainment. She has 6 Generations descended from her now in the House with her. The People live here to 150 and 160 years of age; but those that converse much with Europeans, and drink strong drink, don't live so long. From the Samballoes to the River of Conception, the Country is commanded by one Corbet, who is altogether in the French Interest, he having contracted a Friendship with their Privateers 7 years ago, and done them many good Offices. They promised to reward him if he would go to Petit Guavus, and in his way thither he was taken by an English Privateer and carried to Jamaica, whence the Governor of Petit Guavus got him releas'd. He was with Pointi at the taking of Cartagena, and has a Commission from the French to be General of all the French and Indian Forces on that Coast, and to take, sink, and destroy Spaniards or any other Enemies. Yet the French themselves, and the sensible part of the Indians, don't put any confidence in him; and Ambrosio who is the bravest of all those Indian Captains, keeps him in awe and within bounds. Next to Corbet, there's another of their Captains call'd Nicola, who is said to be a wise, brave and good-natur'd Prince, insomuch that the Indians had a mind to have set him up instead of Ambrosio, who is of a rugged military temper: But Ambrosio's Authority and Power is so great, that they did not find it practicable. Nicola is a mortal Enemy to the Spaniards, and can never entertain a good thought of them, since the Governour of Porto Bello robb'd him of a curious Fusee that had been presented him by some of the Buccaneers; and being out of order, he sent it thither to be mended; upon which the Governour taking a liking to it, kept it to himself, and sent Nicola another sorry piece instead of it. Since we came hither, there have been an English, a Dutch, and a French Ship in our Bay. The English Ship was Capt. Long in the Rupert Prize; he had been in the Gulf of Uraba Orba , but he himself and his Men own'd, that they had not then been ashore there. He hath some way or other disoblig'd the Captains Ambrosio and Diego. Tho we treated him with all possible Civility, yet we are since inform'd that he hath been a days Journy into the Gulf, and endeavour'd to incense the Indians against us, telling them that we were Privateers, and that the King of England would not protect us. He left some Men in the Bay, who have since kill'd some Spaniards, and came to us for Arms and Ammunition, but we told them we could not grant them any, and that they had done what they could not justify. We gave them however what was necessary for sitting up a Boat; and as a Reward, they intic'd away the Carpenter and Mate of one of our Ships call'd the Unicorn. The Dutch Ship that came hither was afraid of the Spanish Barlavento Fleet, and put in here for protection, that Fleet having made Prize of another Dutch Ship of 32 Guns, and of two English Sloops for trading on those Coasts. The French Ship that put in here, was that which was order'd to carry back the Churchplate, &c. to Carthagena, did afterwards bulge on a Rock, and was cast away in our Harbour. We sav'd all their lives, and Capt. Pennicook Pincarton our Commodore endanger'd his own life to save that of the French Captain. He inform'd us that the French had four Men of War of 50 Guns each, who thinking we had a Design on the River Mississipi, were gone to the Gulph of Mexico in quest of us. The French have been very industrious in cultivating their Interest, both with the Natives and Spaniards in this part of America, and doubt not of having a good share in those Countries after the King of Spain's Death. They have got a great Interest with Capt. Ambrosio by means of his Son-in-law Don Pedro, whom they caress extreamly, and design'd to have carried him to Petit Guavus, and from thence into France, to acquaint the French King with the favourable Sentiments the Indians have entertain'd of the French, and of their design to surrender themselves to his Majesty. This has been projected by the French a long time, but the King of Spain's Indisposition, and their Pretensions to that Crown, made them refer it; and there's no doubt but our Settlement will quicken those Resolutions. Capt. Andreas, Capt. Pedro his Brother, Capt. Diego, and Capt. Pousigo our Neighbours, have no manner of correspondence with the French. The latter hath acquainted us that there are several Gold Mines within two Miles of our Settlement which he hath promis'd to shew us; and he hath actually let us see several Samples of fine Gold. This being the Substance of several Journals that were sent from our Colony in Darien upon their first Settlement there, we hope it's sufficient of it self to satisfy our Neighbours in England of the Justice of our Cause, of the equity of our Proceedings, of the true Reason why the French are so much our Enemies in this matter, of the greatness of the Providence that has put us in possession of that Post, and that it is England's Interest to join with and protect us, by which the Designs of the French against Europe in general, and Great Britain in particular, may be defeated, and the English West India Trade secur'd. But since by the Proclamations beforementioned, which treat us as Rebels and Pirats in America, for what we have done according to Act of Parliament in Scotland, our Ships may be in danger of being attack'd by other Nations as Pirates, and our Colony discountenanc'd and oppos'd on that account by the Natives; there's no reason that our Neighbours should think strange if we complain of that unkind usage, and endeavour to lay before them what may probably be the Consequences of such Proceedings, without being construed either to threaten or to wish that any such things should happen: It being evident that by offering to admit the English as Joint-sharers in our Trade, we entertain no Sentiments but what are friendly towards that Nation, being satisfied that all those who wish well to the Protestant Religion and true Liberty, are Enemies to any thing that may occasion a breach of the Union and good understanding betwixt us. Yet is must be own'd that we have but too great reason to complain of the Hardships we suffer by the Union of the Crowns, which it is in the power of England to remedy, by complying with the gracious Proposals of uniting the Nations, repeated in Parliament by his Majesty, who like a true Father of his Country, has expos'd himself to the greatest of dangers to procure the Welfare and Peace of his Subjects, by which he has made an absolute Conquest of the Hearts of all good men, who are unanimous to join in the like Prayer for him, that the Israelites of old put up for their Kings, viz. That he may live for ever.

Politics

A DEFENCE of the Settlement of the Scots on the Isthmus of DARIEN in America. With Arguments to prove, That it is the Interest of England to join with them, and to protect them in that Colony.

A defence of the Scots settlement at Darien [...]

PolA1702

THat the Past and Present State of Jacobitism in England, was and is a State of Vexation and Trouble, Suffering and Affliction, is sensibly felt by all those who sustain that Denomination, notoriously evident to the whole Nation, and own'd in particular by this Author, and some others, who make that Consideration one Argument to induce them to take the Oaths, that thereby they may exempt themselves from that Suffering Condition under which they have lain for so many Years. In this Case, no Man nor Party of Men, need any Eloquence to persuade the World, that they Act with the greatest clearness and Sincerity, if they are heartily desirous to have their Sufferings commiserated, their Burdens lightned, the Rigors against them moderated and qualified; For altho' we are taught in the School of Religion, that Afflictions have their Benefit, that Adversity, if rightly used, may turn to better Account than Prosperity; altho' the Doctrine of Providence obliges us to submit with Patience, Contentedness and Cheerfulness. Altho' they are always just on God's part, always permitted or inflicted for wise and good Ends, and which therefore should inspire us with Humility and Meekness, with Repentance towards God, with Charity and Forgiveness towards Men; nevertheless Sufferings not being natural, but accidental to Religion, introduc'd from the Corruption of Humane Nature, by way of Discipline and Correction, We are allow'd by the Divine Goodness, and in some measure are bound (with fit Restrictions and Limitations) to pray for a removal of them from God's hand, and from any others who may be instrumental either to our Afflictions, or Relief, and if we can find any Alleviation and Abatement, We have a new Opportunity of exercising another Act of Religion, of praising God, and being thankful to Men. If therefore any Charitable hand, will either help us to mend our Circumstances, or contribute to afford us such degrees of Ease and Quiet, as we may wear out the Remainder of our days, under the Burden only of Primative Calamities, in being depriv'd of those Comforts and Supports, which We heretofore did, and others do now enjoy, without the Addition and Augmentation of positive ones. We shall think our selves highly oblig'd both to pray for them, and also to make the best Expressions of Gratitude We are able, suitable to the measures of Tenderness exercised towards us: And even without any of these We hope we shall never be wanting to exercise that Christian Duty of Charity, as to pray for them, that God will always afford them that Mercy and Compassion, which we want our selves, and cannot obtain from them. Pref. This Author indeed tells us, that his Pamphlet contains a kind Invitation to Us, and if it does, it ought to be as kindly receiv'd by us; But if instead of an Invitation, it be only a Summons to surrender by a time perfix'd, or else to expect Military Execution, 'tis a Kindness with the utmost degree of unkindness in the Belly of it; If a Friend of our Author's should invite him to his House, and tell him he should be very welcom; but tell him withal, that if he did not come, he would certainly cut his Throat, or (which is all one) would instigate others to do it, who were more able. I suppose our Author would think the kind Invitation a little roughly manag'd, and would desire him hereafter to keep his Kindness to himself. This is the very Case, For he adds in the same Preface. If they shall make an ill use of it, that is, if they do not forthwith what he advises, then they will be more inexcusable, and the Nation will be blameless, if a Law shall ever be promoted to exclude them absolutely from the Benefit or Protection of the Government; That is, if they are totally divested of all the Rights and Liberties of Englishmen, made Outlaws for ever, and expos'd to be knock'd on the Head, by every man who hath a mind to it. This is an Invitation after the Method of France; the French King kindly invited his Protestant Subjects to become Proselytes, and order'd the writing of several Books to perswade them; but when they declin'd Compliance, he back'd his Invitation with Dragoons and the Gally's. A man had need be very sure of his Reasons, and of the Sincerity Sinceriry of his Kindness too, who makes the consequence of Refusal so terrible. And I am confident that nothing in the World can justify such measures of Proceeding, but the plainest Proofs and clearest Evidence of Truth and Reason, the highest Wisdom and Judgment in managing them, together with a hearty and upright Regard to the Welfare of the Persons concern'd, and where any of these are wanting, the Proposal is all over bloody, and an implacable Thirst after the Destruction of other Men. Almighty God indeed commands Men to accept of His Invitations upon pain of Death, but then as we are absolutely his, so His infinite Goodness and Wisdom warrant the Severity of His Cominations; His Omniscience discerns all the degrees of Stubborness and Contumacy; and yet after all, after manifold Tryals of Lenity and Forbearance, he smites only the absolutely incorrigible. But for daring Mortals, who have neither Wisdom to see their own Errors, nor those of other Men, much less to distinguish between Mistake and Malice, to set up a few weak and trifling Reasons, and then command all Men to submit to them upon pain of Destruction, argues equal Arrogance towards God, as Cruelty towards Men. Why should this Author be so conceited of his own Reasons, as to think that the not being convinc'd by them, argues the utmost degree of Incorrigibleness? Or if he thought so well of them himself, Why should he think that we must do so too? And if they are not as Clear and Convictive to us, as (perhaps) he thinks they are to him, 'tis impossible that, upon that Account, we should be left inexcusable. Men Reason different ways, and see things by different Lights, according to differing Methods of Education, Studies, and even Temper and Constitution, and 'tis a Monstrous Disproportion of Punishment, that we must be Undone and Perish, because we have not Heads of the same make with the Author. He pretends indeed, to Reason with us upon our own Principles, but then either he does not know them, and that in him is culpable Ignorance, or he conceals them, and that is more culpable Hypocrisie. Is it not enough, that we have bore the Burthen of Calamity for Thirteen Years together? Will no Time nor Sufferings asswage that Bitterness of Spirit? But that it still pursues us through a long Series of Adversity, even to a Period of final Destruction, and Extirpating of us Root and Branch? 'Tis matter of Wonder and Astonishment, that there are Men, who call themselves Christians, the followers of the Merciful Jesus, who after the several Stages of Affliction that their Brethren have Travelled in, are still, for the very same thing, calling out for new Methods of Vengeance, and irritating the Government to accumulate Sorrow upon Sorrow, to add one Weight to another, till they are Press'd to Death. Poverty and Meaness, which is a Safeguard to all Men else, must, it seems, be no Security to us; we hoped that when we had parted with all for our Consciences, we had stood out of the way of Envy, Innocence guarded with Indigence, is doubly Fortify'd. We have seen mighty Offenders, who, by quitting their Posts, have Satisfy'd the Cries of Justice, and they permitted to Enjoy the Spoils, without Reproof, and without Molestation. But our withdrawing must stop no Prosecution, and altho' it hath left us nothing, yet that Nothing must be as keenly pursued as if we had the Wealth of the Nation to Account for, our very Rags are Criminal, and when we are Stript to the Skin, our Nakedness must be Scourg'd, and like Weather Glasses, the Lower we fall, the Higher the Storms arise. This Author tells us, 'Tis hoped none will be so weak as to suppose it (his Inviting Pamphlet) proceeds from any Apprehension of their Party, or Interest in the World. Pref. And he is much in the right, neither he, nor any other are so weak as to be Apprehensive of our Party or Interest. But then, What makes them so free with their Threatnings? What makes them perpetually instigating the Powers of the Land to load us with New and more Dreadful Pressures? Is it a Reason to be Disfranchis'd, to make our very Beings Criminal, and Penal, and to lay us under the utmost Terrors of Law: because no Body is so weak as to be Apprehensive of Us or our Interest? All Mankind are agreed, that nothing can warrant the Extremest Rigors and Severities, but as Extreme Necessity; and Penal Laws, especially of a high Nature, were always forc'd from Wise and Good Governments, but never their Choice. But our Author puts this out of the Case; For if he hopes no Body will be so weak as to be Apprehensive of Us, 'tis plain that he himself is not so weak; And yet, at the same time, turns us over to the most Dismal Penalties he can think on: 'Tis not necessary (by his own Confession) that we should be Destroy'd, but we must be Destroy'd however. If this be not, What is it to be Cruel for Cruelty's sake? To subject us to the most rigorous Severities, not only without absolute Necessity, but for no end in the World; Neither God, nor Good Men, nor Good Laws, did ever Punish for the sake of Punishment. And if there be no Necessity, 'tis mere Wantonness; and at length our Author's distinguishing Kindness ends in this, that, like some of the primitive Christians, we must be expos'd to the Lions, merely for Sport. He further tells us, That had we liv'd under the Despotick Government of Lewis XIV. we should have found before now, if we had been so fond of our old Master, we should have gone to him, there would have been no living for us. We would have had a time set, to comply or depart the Kingdom, we would have had no Benefit of the Law to recover our Right, but have been oblig'd to do every man Right, and bear every Wrong. Pag. 15. These are indeed severe things in themselves, and no doubt would be so in France or any where else. But it seems they are the very same that our Author hath provided for us here in England, We need not cross the Seas, to save that labour, he hath transplanted them into our own Soil; for all these frightful Cruelties expatiated on with so much Rhetorick, are but his own Terms in other Words, and this is only a French Paraphrase of his own English Proposal. The Nation will be blameless, if a Law shall ever be promoted to exclude them absolutely from either the Benefit, or Protection of the Government. That is in the French Dialect. We should have no Benefit of the Law to recover our Right, but be oblig'd to do every man right, and bear every Wrong. And that is again in plain English: To be excluded absolutely from either the Benefit, or Protection of the Government. Now if this be the Case, what is the difference between a Despotick Government, and a Government founded upon Law? What is the difference between an Arbitrary and Cruel Administration, and a mild and merciful One? If in each Government the Treatment of Persons under their Power must be the very same to all Intents and Purposes? If Men in the same Circumstances, and for the same Reasons must equally be put out of the Protection of the Law, must have no Right, and bear all Wrong. In vain do we talk of English Liberties; if we must go to France for Presidents of Penalties, and take Patterns for Imitation from the most arbitrary Government in Christendom. I take it for granted that our Author's flourish upon Lewis XIV. was never design'd as a Panegyrick on the goodness of his Government; but it is the Copy he hath set himself, and he would have it exercis'd upon us. This sure is no inviting Character to recommend his Proposal to Englishmen; And the sanguinary Methods of France are no such tempting Things to invite our Nation to transcribe from them. And he will have much to do to perswade them, that what is Savage and Barbarous in a Papist, so soon as it is translated into Protestant hands, immediately commences Mildness, Good Nature, and extraordinary Charity. The Nature and Constitution of the English Government is quite of another Temper, there is no room for furious and arbitrary Will to ravage and depopulate at pleasure, but the exercises of Authority are confin'd within the Bounds of Law, and those very mild and merciful Laws too, and, next to the Laws of God, there are none in the World more compassionate than our own; They will not suffer a Butcher to be a Juryman in Cases of Life and Death, lest his Trade in Blood should harden his Constitution, wear out the Compassion of an Englishman, and warp him towards Cruelty. But the Equity of them never appears more than in proportioning Punishments, not only to the Nature and Quality of the Offence, but to the Condition and Circumstances of the Offender. This is the express Provision of Magna Charta. Chap. 14. A Freeman shall not be amerc'd for a small Fault, but after the quantity of the Fault, and for a great Fault after the manner thereof, saving to him his Contenement or Freehold. And a Merchant saving his Merchandize. And a Villain saving his Wainage. A Peer shall be amerc'd by his Peers, and after the quantity of his Trespass. No man of the Church shall be amerc'd after the rate of his Spiritual Benefice, but after his lay Tenement, and after the Quantity of his Trespass. Here is Justice indeed, but exceedingly temper'd with Mercy, and the Law in assigning Punishments hath a double Aspect, one upon the Quantity of the Offence, as never to exceed that, of what Abilities soever the Offenders are, the other on the State and Capacity of the Offender, to lower and sink them to the proportion of his Abilities. The Equity of this extends to all parallel Cases: So that Predatory Punishments (in Cases not Capital) that devour a Man and his Family, and which exceed either the nature of the Crime, or the measure of Men's Abilities, seem directly repugnant to the old Standards of Justice and the fundamental Rights of Englishmen. Now upon this general View, We may easily estimate whether our Author's Proposal, be suitable to the Methods of our Ancestors, and to the Temper and Mildness of the English Constitution: To be Excluded ABSOLUTELY from the Benefit and Protection of Law, is but all Punishments in short: A compendious Summary of all possible Severities, 'tis not only to be divested of all Property, but of Freemen to be made Slaves, and that not to one Lord, but to every man in the Nation, to be obnoxious to all the Penalties the Law can inflict, and to all too that can be inflicted without Law, that is, 'tis as many several Penalties, as arbitrary Malice, or wanton Cruelty can invent. 'Tis AElig;lia Lælia Crispis, neither Treason, nor Murder, nor Felony, nor Misdemeanor, nor Trespass, but All. Neither Fine, nor Imprisonment, nor Confiscation, nor Banishment, nor Premunire, nor Hanging, but All. And now is there any need to ask, whether such a Hydra of Miseries [with a thousand Heads, and every Head as many Stings] be an adequate and equal Punishment, for no actual Attempt against the Government or Laws, no Violation of any one Man's Rights? The Case in question is neither more, nor less than a pure and single Negative, the not taking the Oath. This is intirely to destroy the Ballance of Justice, and there is no need of Scales, where every Offence is equally ponderous and comes up to the utmost Standard. The nature of Crimes is confounded, and there is no distinction between small and great, (that is in point of Punishment, where especially there is most need of Distinction) Omissions and Commissions are in the same Predicament, and Justice is blind on the wrong side, instead of having no respect to PERSONS, hath none to Causes, but with an undistinguishing and unrelenting hand, promiscuously scatters Vengeance upon all alike: Upon this foot let every English Man hear the Equity of this Proposal, That without any Compassionate savings, without any regard to the Weight, Quantity, Manner of the Offence; Peers, Freemen, Merchants, Churchmen together with their Peerage, Freeholds, Merchandize, Ecclesiastical, and Lay Tenements must for ever for one poor Negative, be indiscriminately swept away with Destruction, and expos'd to the utmost Rigors, a Nation can inflict, or Men can bear. If it be said that this Negative, contains something Positive, and implyes Malice and Enmity against the Government. I answer, this is their Construction, not ours; Why may it not imply as well tenderness of Mind, and Conscience towards God? Or why may it not imply a disability to wind our selves out of our former Principles? Charity would think one of these. However the Law knows no Constructive no more than it does Accumulative Treasons, nor Punishes Men by Implications and Inferences, but from plain and evident matter of Fact. 'Tis hard that they will Judge of our Thoughts, but 'tis harder yet to fasten an Arbitrary sense of them, and then to Punish that Sense of their own Imposing, which is to punish not our Thoughts, but their own, nay 'tis to punish us for their Thoughts. 'Tis certain no Man can know our Thoughts till we our selves Manifest them by some Overt Acts, by which, and by which only the Law judges; for altho' the Heart is the Traytor, and so it is the Thief and the Murderer too, yet that which makes the Treason, or Felony fall under the Cognizance of Law, and become the Object of Humane Justice, is when the Enmity within is declar'd by Overt Acts, that is, not every Act, but such only as in the Eye of the Law, are fully, plainly and evidently declarative of it. Exorbitant Stretches, especially in Penal Cases, have always been condemn'd by Men of Equity and Temper, but never more than in this Reign; which (We are told) is a Reign of Liberty, founded upon the People's Rights, and that now their Liberties, are not only preserv'd intire to them, but much enlarg'd; and an Englishman who was always free, is now freer than ever before. And certainly Freedom and fundamental Rights, are not ambulatory and moveable, to serve only to make Complaints with when Men are out of Power, or hardly used themselves, but are fix'd and rivited in the Constitution, and from thence (like Vital Spirits) are dispers'd to all parts and Branches of the Body Politick. And if there be such a thing as Liberty, 'tis certainly general and common to all, and not enclos'd by any Body, or Party of Men whatsoever. Without looking into the Conduct of other Nations in such Cases, We have in our own Examples perhaps of as many Revolutions, as any other Kingdom in the whole World. Since the Conquest (where our Histories run the clearest) We have had many instances of the Great Turns of State, of the Rise and Fall of several Parties and Interests; And particularly in the days of King Stephen, Edward 2. the Two Richards, the long and bloody Contests, between the two Houses of York and Lancaster, and in the days of K. Charles 1st. And indeed it must be confess'd, that upon the various strugglings for the Government, under differing Claims and Pretences, much English Blood hath been spilt, many Brave and Gallant Men destroy'd, many Noble and Honourable Families for ever extinguish'd. But if this be narrowly look'd into, it will appear in all the respective Times, That this was mostly in the Field, Flagrante Bello, and in the Heat of Blood; And I think I may truly say, only and peculiarly with respect to it. For so soon as the Sword of War was sheathed, whatever Party had the better, those few Attainders that were made afterwards deliberately and by Law, were only of Military Men, who actually fought with, and oppos'd with their Lives and Fortunes the Claims and Pretences of the Prevailing Party, and not the thousandth part of them neither, and much less of any others: And of this, besides several others, We have a mighty Instance in the Reign of Henry 4th. which was a Reign of Pardons, and particularly the Generous Pardon he gave to Bishop Merks, after his Tryal and Condemnation at the Old Baily, who had so openly and freely oppos'd him, and his Claim in Parliament. And I believe there is not one single Instance in all our Histories, under all the various Concussions of State, that the Storms of the respective Revolutions ever fell upon one single Man, who had not been in Arms, however he might, in Opinion and Judgment, be thought a Favourer of the other side. And even these Severities, were thought by Henry the 7th and his Parliament, so harsh and cruel, so contrary to Reason and Humanity, against all Laws, Reason and good Conscience, as the Act expresses it, That they did all that Men and Law could do, to put a final End to it, That such Proceedings and Practises might never more be seen in the English Nation. This is that famous Statute (11 Hen. 7. Ch. 1.) which expresly provides, That from henceforth no manner of Person or Persons that attend (the King for the time being in his Wars, or act by Commission from Him) be in no wise Convict or Attaint of High Treason, ne of other Offences for that Cause by Act of Parliament, or by any Process of Law, whereby any of them shall forfeit Life, Lands, Tenements, Rents, Possessions, Hereditaments, Goods, Chattels Catals , or any other Things, but be utterly discharg'd of any Vexation, Trouble or Loss. And if any Act or Acts, or other Process of Law hereafter happen to be made contrary to this Ordinance, that then that Act or Acts, or other Process of Law whatsoever stand and be utterly void. This is certainly the utmost Provision of Law, and 'tis impossible that any stronger can be made by Men. And whatever other Construction may be made of this Statute, 'tis evident that hereby all violent Excesses of Revolutions are not only restrain'd, but perfectly taken away, that however it may happen in the Field and in the Heat of War, yet that no after Ravages should be committed, and Men should not be destroy'd by Law, who had escaped the Sword. I need not reflect how suitable this Law is to the mutable Estate of Mankind, and the Vicissitudes that constantly accompany all Humane Affairs; And that the contrary Practise in the foregoing Revolutions, was nothing else but a Seedplot of Destruction, making Sorrowful Precedents of Revenge, which, upon every turn of State, was sure to be follow'd Home, and retalliated with Interest. But, it is very remarkable, that when K. Henry was the Regnant Power, and in Possession of the Laws, instead of sharpning the Edge of the Laws in being, or contriving new ones to Impeach, or Detect his Adversaries, he should take the direct contrary Course, and provide by the strongest Law he could make, that none of his own Followers, and Adherents shou'd be Impeach'd, or suffer by any Course of Law, for assisting him: And, the Circumstance of Time makes this yet more Remarkable. When the Dutchess of Burgundy (an Implacable Enemy to him, and his Family) was from Abroad, setting on foot all possible ways to disturb his Peace, when there were Spurious and Supposititious Titles set up against him, and, when he knew the Favourers of the other House at Home were neither few, nor Inconsiderable, in this very Juncture; and in the flagrancy of Perkin Warbeck's Pretensions, and Motions, instead of sending a Scrutiny throughout the Land, instead of framing Tests to discover Mens Intentions, and try how they stood affected; he takes especial Care to put an Everlasting Period to the Bloody Methods of former Revolutions, and that his Followers might be Indemnified from all Attainders, Convictions, or Forfeitures for adhering to him, and Serving him in his Wars. This Wise King, (and a Wiser perhaps never sat on the English Throne) no doubt, did what he esteem'd best for his own Security, and he thought this Method tended more to his Establishment, than all the Sanguinary Proceedings, and Inquisitions in the World. And, his Wisdom did not fail him in this, no more than it had done in other great Instances, for, hereby he became an easy Master of his Enemies, Reign'd gloriously himself, and transmitted a clear and uncontested Crown to his Posterity, and who reign'd for the most part in Peace, and without any considerable Interruption for five Generations, till in the Reign of the Sixth there arose a Sort of Men, whom neither this Law, nor the Law of God, nor all Obligations Divine and Humane could hold from laying violent hands on, not only the Followers and Adherents, but the sacred Person of the King Himself. And this is the next Period of Revolutions in this Nation, and which indeed was of a Dire Complexion, more Tragick and ghastly than any that went before, and yet more mild and merciful, than our Author's kind Proposal. The Reign of the Covenant was Fierce and Cruel, turn'd out all that wou'd not swallow it; but then there it left them, its Rage was satisfy'd with their Places and Preferments, without further Pursuit of their Persons, An Englishman might be a Non-Covenanter, and yet an Englishman still, the Laws were as open, all other Priviledges as free to him, as to the most Zealous Covenanters; And so soon as he was thrust out of his Office, he knew and felt the worst of it. And altho' the Military Executions were very bloody and Cruel, altho' the Violences upon particular Men were very Inhumane and Bruitish, altho' the Compositions for Delinquency (the then stile of Loyalty) were very exorbitant, yet all this notwithstanding there is nothing during that whole Interval of Perfidy and Treason, of Fury and Violence, that can match the Dimensions of our Author. For even in the heat of War their Sequestrations had Savings, and there was a Reservation of a fifth Part of the Estate for the Maintenance of the Wife and Children; And afterwards when they became Masters of the Field, and of the whole Kingdom, they forc'd the Royalists, who had bore Arms against them to hard Compositions, and at length disabled them from holding any Office of Trust, and from giving their Voices for Election of any Person into such Office, which, tho' very hard and unequal, tho' it was a very Intemperate and Unchristian use of their Prosperity, was notwithstanding far more moderate than the Treatment our Author prescribes, for when they had pass'd their Compositions, the Remainder of their Estates, and themselves were free, and a disability to bear Office or chuse Officers, did not disable them from any other Benefit or Protection of the Law, but bating these particular Exceptions and Limitations, all other Advantages of the Law were left open and intire to them. This was the Case during the whole Reign of the Covenant and Directory, These Men had forc'd themselves into the Possession of the Laws, and the intire Power of the Nation, they had their Adversaries in their hands, and intirely at their Disposal, they knew their Sentiments and Opinions, their steddy and immoveable Loyalty, had felt the Force of their Arms in that Cause. Yet in these Circumstances these Men (not the most merciful in the World) thought something else became them than to annihilate their Adversaries; and root out their Name and Memory from the face of the Land. The Conclusion from hence is, That if their Mercies were cruel (as indeed they were) yet in comparison of our Author's, they are Mercies indeed, and must be so accounted. 'Tis true, when they had arriv'd to the highest pitch of Villany, when they had murder'd the King, and harden'd themselves with Royal Blood, then, and not till then, they came up to the size of our Author; for then an Engagement was fram'd, with our Author's own Penalty upon the refusal to subscribe it, and 'tis probable he transcrib'd it from thence; for there is no other Instance of any such Proceeding, or any thing like it, throughout the whole English History. But this sure is no Inviting Precedent; the unparallell'd Impiety of that Act, will surely reflect everlasting Infamy on the Persons and Example of the Actors; and let it for ever be remember'd, that the Authors of the Engagement, and of the Act for the Tryal and Murder of K. Charles the First, were the same Persons; and then let every Englishman try his Constitution, whether it be fit to write after the Copy of the most Bloody and Barbarous Sett of Men that ever yet appear'd on the English Stage. And yet even this will admit of Mitigation and Abatement; For how terrible and severe soever it was in the Enacting, yet the Execution, either never at all; or very rarely came up to it. The Presbyterians cry'd loudly against it, both wrote and preach'd against it, with all the Earnestness and Violence they were able, and doom'd the Subscribers to the Pit of Hell; and yet as far as ever I could find, not one of them (nor perhaps any other) ever smarted under the Penalty of it. Whitlocks Mem. p. 428. However, upon the next Turn, when Oliver got the Reins in his hands, he totally abolish'd the Engagement, with all its hideous Train of Disabilities and Incapacities, and restor'd the Course of the Law indifferently to all Men; And the Preamble of this Ordinaance is remarkable; Scob. Collect. pt. 2. pag. 277. Whereas many General and Promissory Oaths and Engagements in former Times impos'd upon the People of this Nation, have prov'd Burthens and Snares to tender Consciences, and yet have been enacted, under several Penalties, Forfeitures and Losses; upon Consideration whereof, and out of a Tenderness of requiring such Obligations, &c. And this he prov'd true to all his time, and this Ordinance was confirm'd 3 Years after by his Parliament. He knew the Persons and Tempers of the Royal Party as well, perhaps better than any man in the Nation; He knew their Principles, and Vertues, their steddy and unalterable Loyalty; He knew further they were irreconcilable Enemies to him and his Government; and yet notwithstanding during his whole time, there were no Insnaring Oaths, nor hampering Tests generally impos'd. And if this was done out of Tenderness, as he pretended, it had so far a Shew of Piety, as not to be instrumental to the prophaning and dishonouring the Name of God, by dreadful Menaces and Terrors to compel Men to forswear themselves; however, let it be for what End it would; let it be Magnanimity, Generosity, Policy, or any thing else, it was certainly better for them, and probably for himself too, that when he had them in his Power, he did not provoke them for the saving their Carcasses to damn their Souls by Perjury and Hypocrisie; nor yet to make their Refusal an inhumane Opportunity to revenge or enrich himself: He knew, as well as any man, how to dive into their most secret Contrivances and Councils, but his Methods for this were not by setting on foot, (nay he perfectly laid aside) a State Engine to rip up Men's Consciences, and make their inmost Thoughts the Objects of Punishment. The Act that was fram'd for the Security of his Person, and at that very time, when there were actual Endeavours both at home and abroad to unsettle him, as both the Histories of these Times, and the Preamble of the Act it self expresseth it as well in foreign Parts beyond the Seas, as also within this Nation; Yet the Security that he and his Parliament provided, was only against actual Attempts and Overt Acts; Shall attempt, compass, or imagine the Death; and such Attempting, Compassing, or Imagining, shall declare by open Deed, or shall levy War, or Plot, Contrive, or Endeavour to stir up, and shall by open Deed declare such Endeavour. This was all the Security he had, and (as far as appears) all that he requir'd, and the rest he left to his own Vigilance and Care; He knew by Experience, that forc'd Oaths were no Support of any Government in the world, it might ensnare their Consciences, but would prove no Security to him; Men's Fidelity arises from the Sense of their Duty, and where that is, an Oath is needless; where that is not, the Oath will always be esteem'd rash or sinful, and consequently, not obligatory, it may involve them in guilt, but can never bind them. And therefore he quitted this Method either as fruitless or noxious; there were no such things generally impos'd on the nation during his Government, and as far as I can find all the Publick Oaths were His to the Commonwealth, and the Members of his Parliament to him: and consequently that no man suffer'd as a Non-Juror in his time; and I may add none out of mere Disaffection or Enmity to him, but only for actual attempting against him; He kept up indeed their Disability for Places of Trust, but for other Advantages of Law, they were free to all, and no man excluded. But there is one thing in his Reign, that I ought not to omit, which looks like Compassion and good Nature, but from what Root soever it sprang, it deserves to be taken Notice of; There were no Men in the World next to the King, and the Royal Family, that he hated more than the Orthodox Clergy of the Church of England, and he could not do otherwise, for their Principles were directly and irreconcileably opposite to him and his Government, and no Application could ever procure from him a Toleration for them, as he had granted to all other Protestants, of all Denominations. And in pursuance of this, he makes an Act to eject them from their Livings; and to be sure to have it done effectually, a Sett of Commissioners are appointed in every County, and impower'd to displace them; Scob. Coll. pt. 2. pag. 344 But then the Act contains this Proviso, That in Case the Minister so displac'd, hath no other Temporal Estate sufficient to maintain his Wife and Children; then the said Commissioners shall allow unto the Wife and Children of such Minister, so ejected, for their Maintenance, a Proportion not exceeding the fifth Part of the Profits of such Benefice, and which the Commissioners are authoriz'd to cause to be paid; and in default from time to time to sequester the Profits for the Payment thereof, and all Charges in and about the same, during the Life of the ejected Minister. And this was not a sudden Transport of good Nature, no such hasty Blast of Favour as immediately to cool, but a settl'd Resolution; For two Years after, this Ordinance was not only confirm'd by his Parliament; but a new Act was made, and which seems to be somewhat more advantageous to the depriv'd, viz. If the ejected Minister have not of real Estate 30l. per Annum, or 500l. of Personal Estate, then he is to be allow'd a Fifth Part during Life. So that it seems the Doctrine of Absolute Exclusion was a little too rigid for the hard Heart of Cromwell himself; He mortally hated the Loyal and Orthodox Clergy; he knew they never did, never could own him; and he depriv'd them indeed and turn'd them out, but then not only left them the Protection of the Law, but provided out of their Benefices a Proportion for their Subsistence. To close up this, I crave leave to add a pertinent Story. When Bradshaw sat Judge at Chester, there came before him a Cause of Meum and Tuum, between a Creature of the Government and a Royalist; a mercenary Lawyer, thinking to prejudice the Royalist's Cause, begins to fall foul upon his Person, to represent him as a Delinquent and Malignant, an Enemy to the State and present Government, and one who had been in Arms for the late King. But Bradshaw soon stopt his Mouth, and upon that made a solemn Speech to the Auditory, importing how indecent it was to fall upon the Afflicted, how harsh and unseasonable to revive and bring into Men's Minds the Miseries of the late Troubles; That the Case before him was not Matter of State, but private Property; that he sat there not to judge of Men's Persons, or private Opinions, but Causes; and that for his part, he would endeavour to his Power to administer Justice equally and indifferently to all Persons. This I had from one of the Auditors: And if our Author please, let him review his kind Proposal, and see how he likes it, when it falls so far short of the Temper of the most insolent and bloody Regicide, that ever this, or perhaps any other Nation, hath bred. Upon this short View of the Revolutions in our own Nation, 'tis easie to see how much some Men are mistaken in their Politicks, as well as Humanity, when they are so frequently crying out, If you do not own the Government, you ought to have no Protection; if you do not Swear, you are Inexcusable, and ought to be absolutely Excluded from the Benefit of the Law; if some Men had the handling of Thunder, the World would quickly be made thinner; but, Governours, as they are in high Posts, so they are high in Wisdom, and manage their Affairs, not by Passion, and little Sentiments, but by exact Measures, they know, that Lenity and Forbearance tend more to their Establishment, than Rigid, and Austere Methods; and this, as 'tis always true, so it hath moreover an addition of Justice, with respect to Revolutions, in Hurricanes, and Tempests of State; 'tis Impossible that all Mens Minds shou'd be settled, and 'tis Impracticable to attempt it. Governours have the Temptations of Honour and Profit of their Side, and, if that will not do, to be sure Force will not, which never yet gain'd any Man's Assent, tho' possibly, it may an outward, and Hypocritical Compliance; and, if the Government hath not a Man's Conscience, he hath not the Man, let him Swear never so much; and, if he be driven to it by Terror, and Compulsion, he is but so much the more imbitter'd, and more Enabled too to act with Prejudice, And, so long as there are different Sentiments in a Nation, 'tis certainly better for any Government, to have them stand distinguish'd, for then they are known, may be easily watch'd, and their Attempts (if any such should be) as easily frustrated; but, if they are forc'd to Incorporate into the Multitude, and made capable of the Advantages of the Government, they are thereby only made capable of doing more harm, if they are dispos'd to it, and that even by an Authority, and Interest, deriv'd from the Government it self, Upon these, or perhaps better Reasons, the foregoing Revolutions ever declin'd the drawing Men by Violence, and Racking them into Compliance; and, the Good, and the Bad, the Gentle, and the Tyrannous, have thought it hitherto enough for their Security, to hedge in their Persons by the Fences of Law, against all Attempts, and to fill all Places of Power and Trust, with their own Adherents, and, for the rest, to leave them at quiet if they would, or to be otherwise at their Peril; and, this middle way, as 'tis most agreeable to Reason, Humanity, and Interest of State, so it hath been verified in Fact, for, 'tis the Path, that I believe, all Revolutions have walk'd in, to be sure all our own, except one single Instance, which, as it was never put in Execution, so it is an Example of Men so prodigiously Lewd, and Scandalous, so abominably, and above measure Impious, that 'tis a Horrour to think of them, and much more to Imitate them: And the Tyrannies of Nero, or Heliogabalus, are more Imitable, and fit for Example. And yet, after all, we humbly conceive, that our Case is more favourable than any that went before, in several Respects. There is this considerable difference between this, and former Revolutions, That as all former Revolutions were acquir'd by the Sword, and passages thro' Blood, and that not only of their Adversaries, but their Friends, so the Slaughter of their own Party rankled in the Minds of the Victors, and begot Heart Burning, and Revenge; but in our Case, the Ascent to the Throne was easie and safe, without Bloodshed, without Opposition, and consequently without any provoking occasion to Exasperate, and Inflame the Passions, here was no room for Reprisals, none for attoning, and pacifying the Ghosts of the Slain. When K. Edward the Fourth came to York, he saw the Head of his Father, and of others, his Friends, yet remaining upon the Walls, and this did so incense him, that be forthwith caus'd his Prisoners, the Earl of Devonshire, and three others, to be Beheaded, and their Heads placed in the room of the others, of which Action, Habington, p.19. (the Author of his Life) makes this severe, but just Reflection. An action too much savouring of the Ancient Heathen; the Souls of Christians no way requiring their Murthers to be reveng'd, or their Injuries appeas'd with such an Offering. The Principles of the Respective Parties concern'd, either in high Posts of Legislation, or otherwise under the Government, seem to plead for us, and to be Advocates for Mitigation and Forbearance. And if they please to consider them in their just consequences, We presume they will find them moving in our Favour. There are two general Parties in the Nation, however subdivided; the Dissenters, and the Church Party, The Dissenters for a whole Age, and more, have been loudly inveighing against Persecuting tender Consciences; and by Conscience, we presume, they do not mean only their own, but other Men's also, when it is truly Conscience, and not pretended, nor that this was a Temporary Doctrine, calculated for Seasons and Opportunities, and fit only to be taught their Governours, when they themselves were in a state of Suffering, but constant and permanent, as fit for them to learn, when they are in Power, as when they were under the Power of others; And this can only evidence the Sincerity of their Pretensions, and shew that it was not Clamor, but their true Judgment, when they shall be as ready to exercise it towards others when it is in their hands, as when it was not to demand it for themselves. Further yet by Conscience, We presume they do not mean only a rightly inform'd Conscience, for there is no doubt that Right ought not to be Persecuted, but such a Perswasion of Mind, which must ultimately guide a Man whether he be in the right or wrong. That is, when a Man uses all honest Endeavours, and his best Skill rightly to inform himself; and if after this he happens to be in an Error, 'tis rather to be pitied than punish'd. Lastly, by Conscience being persecuted, neither they nor we mean, the Punishment of outward Acts and Attempts, and violations of Law; but such a Perswasion, altho' differing from the Sentiments of Superiors, as is withal peaceable and quiet, offends no man, disturbs no man. Upon these Limitations We think, We may reasonably desire from them the Benefit of their own Principle, and We must confess that in their private Capacities, We have met with fair and moderate Treatment from them; Nor can I think that this Excluding Project came out of their Quiver. And this is yet further inforc'd, if they consider that there are two Cases, in which their Sufferings in some measure run parallel with our own, that is, the Renouncing the Covenant and the Sacramental Test, the one determin'd, the other yet in being; in both these Cases they heretofore did, and yet do think themselves hardly us'd, their natural, and Native Rights violated, and yet the utmost Severity of both these, were only Exclusions from Offices and Places of Trust, which we suffer already, and are contented to suffer. We desire no Places of Profit and Preferment, till we comply to the utmost; In the mean time, if the Terms of Refusal are esteem'd such a Hardship upon themselves, because they cannot in Conscience comply with them; our declining the Oath for the very same Reason will be no Inducement to them, acting consistently with their own Sentiments, to give their helping Hand to lay far heavier Impositions upon Us. In the next place the Church Party, We humbly conceive, have yet more Reason for Moderation and Temper; It is not so long since, as either they or We can forget, that We were One Body, mutually agreeing in, mutually suffering for the same Cause, and (as far as we know) upon the same Principles. And if they please to cast their Thoughts backwards, and review our Behaviour while we walk'd with them; We believe they will find no Reason to suspect our Sincerity, nothing to provoke their Hatred or ill Will, and much less a severe and hard Treatment. But this is a String we must not touch upon, and Modesty bids us forbear; however, as We have always hitherto, so We yet crave leave to insist upon (and We desire to do it without Provocation or Reflection) That the Principles upon which we suffer, were their own, as well as ours; And if they are so still, for them or any of them to be instrumental in laying on our Afflictions, is to prey upon their own Principles; it savours too much of the Cannibal, and is devouring their own Kind; and to see Passive Obedience crucifying Passive Obedience, is the most unnatural thing in the World, and which can be parallell'd by no other Party or Perswasion besides. And whensoever they concur or give their Vote for our Miseries, in Religious and Moral Construction, they lay violent hands on themselves, and commit Outrage in our Persons, on their own Sentiments, and Thoughts of their Hearts. If it be said here, that We lay these Principles on too narrow a bottom, and we ought to have understood them in their just Latitude. We answer: Be it so; why then, the Consequence is, That the same Principle streightned and contracted, confines the Behaviour within narrower Limits, when the same open'd and enlarg'd, gives greater Liberty in Practice. But 'tis a strange Latitude indeed, and gives a monstrous Turn to it, which impowers it to destroy and devour the same, though streighter; 'Tis certainly the same Principle, however modify'd, and if by vertue of a new Modification it can contract such terrible Qualities, the mildest Principle in Religion may soon be modify'd into the most Savage and Bruitish; 'tis but tacking a Latitude to it, and then it may do any thing in the world. However, let the Foundation be what it will, We have laid it no narrower than they have done themselves, our Principles are in their Laws, Books, and Sermons litterally and expresly, without any such Latitude, or Caution; and if We have swallow'd them implicitly, or with due and reasonable Care, have examin'd and entertain'd them, some share certainly of the Mistake (if such it be) is owing to them, and they, in some degree, are responsible for the natural Consequences of their own Doctrines and Instructions; And 'tis a hard way of paying of Debts, and attoning for the Inconveniences into which they have lead us, by assaulting us with Vengeance, and helping forward our Destruction. If it be yet further said, that they have quitted these Principles upon good and substantial Reasons, let that be granted too, then that is in the nature of Repentance; And the natural and proper Effect is to produce Compunction and Grief, for having been mislead themselves, and for having been instrumental to seduce others; but it operates the wrong way, if instead of begetting Sorrow in our selves, it serves only to heap up Sorrow on the Heads of others. This is indeed an Act of Revenge, but the Object is mistaken; For in such Cases, the Object of Revenge is a Man's own self, and there it ought to terminate, and not on his Brother, tho' he be mistaken, 'tis a mere Secular Device and Artifice, and hath nothing at all of Religion, when Men think to evidence the Sincerity of their Change by falling foul on the Principles or Party they have quitted; they may give their Reasons with the best Advantage they can, but sure 'tis fit, that at the same time they with-hold their Hands, for of all things Force and Violence are most undecent and unbecoming Qualities in a Convert. And look throughout the World, from the Days of Cain until now, and you will certainly find, That Renegado's and Apostates only, have been the Persecutors of their former Brethren, and that 'tis only a Consciousness of forsaking the Truth that sours their Tempers, and degenerates into Fury. For a Recovery from Error upon honest and full Conviction is quite another thing, it always leaves upon the Soul a strong Impression of its own Infirmity, the Experience of their own Errors, joyn'd with the Ingenuity of owning and forsaking them, inspires them with Thoughts suitable, and begets Candor and Mildness towards the Errors of others, with a more particular Tenderness to the Case we have been involv'd in our selves; And whatever Arguments for Compassion may be drawn from the lapsable Estate of Mankind, they are tenfold more Cogent and Weighty, if the Lapses were once our own; If we our selves have been overtaken in the same Case, and in the same Instances. So that upon the whole, turn it which way you will, Let the Party of the Church either believe the same Principles that we do, or let them hold them in a differing Latitude; or let them perfectly forsake them (which three Divisions we believe include at least nine Parts in ten) in all respects, and with reference to all the Divisions, the thing we are Pleading against, is equally repugnant, and inconsistent, as unaccountably Harsh, and Severe. We have a Mighty Instance in our own Nation, to Illustrate this whole matter. In the days of Queen Mary, we see the false Principles of the Roman Church, join'd with the Apostacy of those who complied in the former Reign, spread themselves all over the Nation, in Martyrdoms, and Executions, in all the Bloody, and Violent Methods that Rage and Malice could Invent, or Execute. From whence it hath been well observ'd, That that is a strange Religion which divests Men of Humanity, which, instead of smoothing the Asperities of Humane Nature, Enhances, and Inflames them, and makes them ten times more Fierce and Cruel by Religion, than they were by Nature. But, so soon as the Reformation recover'd again under Queen Elizabeth, the Spirit of Mildness, and Mercy reviv'd with it. Fire and Faggot were at an End, and the Triumphs of Truth were seen not in Slaughters and Bloody Victims, but in Living objects of Mercy. The Queen her self had been very ill used, and withal, in great danger of her Life; the Provocations in general had been very high, and Exasperating to Flesh and Blood, the Wounds many and deep, and withal, fresh and Bleeding; and, yet behold the mighty Power of Truth, and true Principles, which, instead of pursuing Revenge Abroad, subdued the Tyranny of it within, and tied up the Hands of Power from retributing the like measure on themselves. The Reformation indeed, went on with Resolution and Courage, but it was with great Piety too, as the Case was Religion, so it was Intire, and Uniform in all its Parts; Faith had not yet devour'd Good Works; Zeal had not eaten up Charity; the Name Protestant in those Days, meant the Thing, a mild, and merciful Religion and which inspir'd all its Votaries and Proselytes with the same qualities. It is true, Non-Compliers were disabled from holding any Offices, and the Clergy were actually depriv'd for refusing the Oath of Supremacy; but, their Deprivations were so Temper'd with Compassion, and Kindness, that they became not only Tolerable, but very Easie. In the High Commission, the Commissioners are expresly Impower'd to assign fit, and Competent Pensions to those who were put out, and of which, the Historian saith, The Prudence of reserving Pensions for such Priests as were turn'd out, was much applauded. Pensiones legittimas congruas & competentes cedentibus vel resignatibus. Hist. of Reform. pt. 2. p. 400. And, if that was all, Prudence is a Vertue both Laudable, and imitable; But much more where Piety is joyn'd with Prudence, and the grounds of such mild Proceedings are Religious, as well as Prudential. Thus upon the indulgent Treatment of the Depriv'd Bishops, viz. That Heath Archbishop of York; lived securely at his own House in Surrey, and was visited by the Queen. That Tonstal and Thirleby liv'd in Lambeth with Parker, (the New ArchBishop) with great Freedom and Ease. That even Bonner himself (the bloodiest of them all) was suffer'd to be in safety, and Skreen'd from the Fury of the Enrag'd Multitude. The same Historian makes this Reflexion: As the Queen was of her own Nature merciful, so the Reformed Divines had learned in the Gospel not to render evil for evil, nor to seek Revenge. And as Nazianzen had of old exhorted the Orthodox, when they had got an Emperor that favour'd them, not to retaliate on the Arians their former Cruelties, so they thought it was for the Honour of their Religion, to give this real Demonstration of the Conformity of their Doctrine to the Rules of the Gospel, and of the Primitive Church, by avoiding all Cruelty and Severity, when it look'd like Revenge. Now if these were good Doctrines then, they are certainly so still, and come home to our Circumstances with all possible Advantage, there is indeed a great Disparity between the two Cases, but every branch of the Disparity turns in our favour, and concludes in all respects more strongly for us. We need not pursue the Comparison, a Man that Runs may Read it, both with Respect to them, and to our selves. This Author is now in a Post to give Evidence of his own Doctrine; and, if the Honour of the Reformation, the Rules of the Gospel, and of the Primitive Church, have any Prevalency at this Day, we may yet hope to see the Consequences of them in Practice, the same Celebrated Effects reviv'd amongst us, and Demonstrated in real Acts of Clemency, and Forbearance; and therefore, We cannot conclude better, than in the next Words of the same Historian, (which were not spoken Exclusively, but, by way of Panegyrick, as a Noble, and Pious Example, fit for himself, and others to Imitate.) All this might have been Expected from such a Queen, and such Bishops.

Politics

THE Present State OF JACOBITISM IN England, &c.

The present state of Jacobitism in England. A second part. In answer to the first

PolA1711

NOthing is more generous than to take part with People in Distress, when it is none of their Fault that they are not still in Prosperity. To see a Set of Men run down by the common Cry, even to Contempt, whose Numbers are as formidable as ever, and who continue to maintain the true publick-spirited Doctrines of Revolution and Resistance, to see these despised by those very Men, who do not so much as pretend to have any Defence against such Weapons, is very unaccountable. The Elect do not know what it is to despair: and till that happens, the Tories ought not to triumph. But nothing is surprizing in an Age of Amusements. Whilst some are contending for the very odd Maxim, That they ought to be preferr'd, who would be good Subjects, tho' they were out of Favour: Others are no less idly sollicitous about restoring those, who have the only Pretensions to Power, whether to procure or to keep it. I take it for granted, that the Whigs must and will come into Play again: because they are the only Masters of all those useful Arts and Inventions, by which, under Providence, Turns and Changes are brought about in the World; and therefore since it is, and ever was the Business of that Party, of which I profess my self an unworthy Member, to give intire Satisfaction to all sorts of Consciences, I shall endeavour to prepare my Fellow-Subjects for the Alteration, by laying down the best Reasons for it I can. This I take to be a very good Method, to give Reasons before we come into Power, because we may not perhaps be so much at leisure to do it afterwards. I am sensible, that the Prerogative may make this happy Removal as it formerly did, without giving any Reason for it at all; but since the straining of the Prerogative is notoriously a Tory Device, and because I think all arbitrary Proceedings, especially whilst Tories are uppermost, ought to be discouraged: I shall debate the Matter with all the Calmness and Moderation, that becomes a Lover of Truth, and a hearty Friend to his Country. If we have the Welfare of England at Heart, and would gladly be delivered from this long and expensive War, in which we are engag'd: We should wish with Impatience for the Restoration of the Whigs, who are the only Men that can put an End to this Affair with Safety and Honour. The Conduct of the Tories, since they have been at the Helm, will soon convince us of all this. They have taken Care of the Indies, and made a Trade and Advantage of that, which at all Hazards should have been undertaken, I mean the Conquest of South America, which at long run is the Conquest of France; they have provided for Spain, and stopt the growing Debt of the Nation; by which Measures, the War may last some three or four Years longer, unless an unexpected Peace should intervene; whereas, had the Whigs been suffer'd to pursue their Method: Had the growing Incumbrance Risen into a general Dun: Had Spain been starv'd to enable us to take three Towns with six Millions, that cost the French King almost half the Sum for Purchase and Fortifications: Had the Foreign Plunder devolved wholly upon the Dutch, and the Domestick upon their private Allies: Torcy could have banter'd us no longer, tho' the Confessor to the Army, who knows so much of the Management of the War, had himself been in the Secret: But we must have had the invaluable Blessing of Peace; our Creditors would have been sure of their Power for many Generations, by having run us so very deep, and therefore would have no more occasion for the War: There had been an end of all our Troubles, and the Whigs would have stood to their first Word with Honour, and owned the Duke of Anjou with a most profound Submission to Providence, which perhaps might have been mentioned in the Journal. Whereas, under the Tories, how far off is this delicious Prospect? Perhaps we may have a Victory to match Ramellies, Oudenard, and Blaregnies, and so computing Hockstat among the Tory Triumphs, bring the Ballance to that side, whereby we may go on planting Lawrels every Year, till the Grove grow to a Wilderness. The Whigs therefore must be restored, if ever we design to be at leisure to fight altogether among our selves. Nor is there less Occasion for them, if we seriously consider the great Necessity there is, of strengthening and keeping up our Foreign Alliances. There is all the Reason in the World to accuse the Tories of great Remissness in this Article. I would not be thought to write for a Party, or to judge out of Prejudice: But let any indifferent Person tell me, whether there does not appear a great Suspicion of Avarice and Narrowness of Spirit in all their Transactions beyond Sea. Little else was regarded in all Treaties, but their own Interest: As if England was to come in Competition with all Europe. If any useful Branch of Trade was in Dispute, they presently claim'd it for themselves; if a Town was taken, they immediately brought in their Partners for Powder and Shot; if a Territory was to be divided, who but they to be the Foremost in the Scramble. If my Memory do not fail me, for I would not wrong them, they once weighed a few Paultry Gunsmiths against the whole States General, and insisted on a meer Punctilio of Honour, with the ever valiant and victorious Portuguese. I appeal to the Knowledge of all who have been conversant in these Affairs, whether there was not a greater Regard paid to our Allies, under the Administration of the Whigs. Did we think it worth our while to Quarrel with a Neighbouring Country for a few nasty Fishes, or the Raree-Show of a Company of Monsters from Africk? When one of our good Allies was overstock'd with Poor, did we not take vast Numbers of them off his Hands, at a Time too, when our own Poor were very numerous, and in a starving Condition, so generous was our Charity without any Regard to our own Profit or Advantage. Is there a Religion in Europe, that has not been encouraged by us here in England? If those, who were troubled with Superstition, would have conceal'd themselves, and been of no Religion at all, rather than of a bad one, they might have been Favourites in our Eyes. Did we not wholly neglect our own Barrier the Seas, and increase that of other People, without any Respect to Self-Interest? And till the same well disposed Persons are restored, must we not be under the strongest Apprehensions imaginable, that the Grand Alliance will soon be broken: and then what do we think will become of the Protestant Religion and Liberties of Europe. I suppose the most Hardy and Impudent Tory breathing, will not pretend to dispute with me, whether the Interest of the Hannover Family were not better provided for under a Whig Administration, than under Them. I shall not now mention their slavish Doctrines of Passive Obedience, Non-Resistance, and Hereditary Indefeasable Right, which no doubt must agree admirably well with the Temper and Genius of a German Prince. I would not bring against Them a Railing Accusation; the Cause of the Whigs wants not any such Arms to defend it; our own Actions, done in the Face of the Sun, will witness for us, how much we are concerned for that Illustrious House. By our Behaviour towards the Glorious King William and Her Present Majesty, the Serene Princes of That House may know, what They are to expect. Did we not Limit the Prerogative, and Cramp the Succession Acts, on purpose to get the Power into our own Hands, and into the Hands of those High and Mighty Ephori, whom we had appointed for the Interregnum, on purpose to keep it for their sakes? Have any People been truer to their Oaths and Publick Engagements, than we have been, and can any Thing be a better Security for the Successor to depend upon Us? It is very true, we have endeavoured all we could, to fix the Birthright in another Person. But every Body, who has not a Party-Mist before their Eyes, may easily see, upon what Reasons we went: For how can any one Branch of the Hannover Family ever claim in virtue of this Right, if the Birth of a Prince shall ever be disputed after so much Unquestionable Evidence? It is no strange Thing, to have such Calumnies spirited up against us, whilst we live among Tories. With the same Candor and Ingenuity They object to us, our lessening the Credit of the Succession by Representing Three Parts of the Nation as Enemies to that Family, and in the Interest of the Pretender: and that we Endangered a Bill for strengthening the Succession, by Inserting a Clause, which might very justly admit of a Division; Poor senseless Impotent Malice! How is it possible for the Tories to hope to keep the Saddle long, when they are not able to fathom even the ordinary Depths of our Wisdom and Sagacity? We did indeed Represent the Tories as Enemies to the House of Hannover; but they ever loved to contradict us, and make us Lyars and False Brethren, and This therefore was the only way to bring them to be for it. We own, that Perkin did make an Attempt to invade us, whilst we were in Power, and seemed to have a particular Fancy to land amongst our Allies the Presbyterians; and that much about that Time, we would not let the next Heir come over only by way of a Civil Visit; But had we not just then been accused of making Turns and Revolutions our professed Principle, that we were always inclined to follow and practise? And could we give a greater Demonstration of our singular Stedfastness to the House of Hannover, than by Receding occasionally from our Principles, and from our very Nature, for Their sake, by waving the Right of Revolution, adhering to the Establishment, and sending the Young Gentleman home again: Let the Tories, if they can, produce any one Instance, like these I have shewn, of their Loyalty and Fidelity to that Princely Race. They pretend, that we are for a Commonwealth, and we with more Justice object to them that they are for Arbitrary Power and Tyranny. Do we think a German Prince will not discern the Difference, and how much better it is to Rule a Free-born People, and a Race of Nobles fit to be his Companions, than a Nation of Slaves and Vassals? The Tories must not think to pass these idle Amusements upon a Wise and Judicious Court, which can never save them from Turning out, to make room for the True Patrons of the Succession. We all know whose Legacy it was, and can we suppose, that Legacies were intended for Enemies, and not for Friends? There is another Great Concern, I mean the Security of the Protestant Religion, which I am sure can never flourish as it did, till the Whigs are again empowred to take it under their Protection. Nothing can be more surprizing than to hear Jacobites, Highflyers, and Papists in Masquerade, talk of preserving and maintaining the Protestant Religion. As for us, it has been our particular Care, ever since the Peace of Reswick. It was by our Direction, that the Famous Exposition of the Church of England Articles was written, by which the Inclosure and Pale, that had been made up by the Tories, was thrown open, and a large Gap made, at which, under the Conduct of a Religious Naturalizing Parliament, the Fulness of the Gentiles marched in, and by joining Us, made our Forces more than a Match for the Enemy. I have heard it said, that some of These were not Protestants, and that others were not Christians; But did they not renounce Popery in a solemn manner? Did they not swear against Them even in an Unknown Tongue? If This will not make a Man a Protestant, I am at a Loss to know what a Protestant is. Let this therefore be reckoned among the Calumnies of that malicious Party. With what indefatigable Industry have we laboured to bring together, and reconcile under one and the same Protestant Denomination, Deists, Socinians, Atheists, Latitudinarians, Libertines, and Free-Thinkers? And can there be any Thing that can contribute more to the Security of the Protestant Religion, than Unity and Concord? When the Tories talk of one Faith and one Mind, They know, that what they attempt to bring about, it is impossible should ever happen in Nature; Men will differ so long as they are Men; Certainly in the Judgment of all discerning Persons, the Conduct of the Whigs is much the Wisest, by a General Toleration to make it the Interest of all People not to Divide, tho they do Differ; by which means the whole Body of Protestant Dissenters are drawn in for Parties in the Common Cause of the Church against Popery and Superstition; and yet for This we have been called Presbyterians and Fanaticks; and we have met with all the Opposition in the World from the Tories, whose constant Business it was to Divide the Well-affected as fast as we could bring them together. At the Revolution, when the Protestant Religion was in the utmost Danger, whilst the Tories, to their everlasting Shame and Confusion stood out and kept at a Distance from that easy Monarch: We fell in with Him, concerted Measures with his Popish Counsellors, and ply'd him with all those Refined Arts, which Envy it self must acknowledge we are Masters of to a Perfection; by which we brought about that Blessed Turn, and preserved Religion at a Time, when the Slavish Dastardly Tories were preparing themselves for Smithfield Market. If therefore we have any Regard for the Reformation, and are Real and Sincere when we Declare against France and Popery, we should join Hands in behalf of Those, who are the most Professed Enemies to Rome, and Hearty Friends to every thing that is called Protestant in Europe. The Gentlemen, who are now in Power, value themselves upon nothing so much, as upon their Loyalty, and Love of Monarchy, whose Rights and Prerogatives they always talk of defending and supporting. But we are not to try Men upon their own Words. I am positive, if the Actions of the Whigs can make a better Proof of their Fidelity to the Crown, it will soon appear who are the best Subjects of the two. The Learned and Judicious Mr. Ferguson, who was always a stanch Whig, whilst Youth and Vigour permitted him to be useful and serviceable, in his Account of The Qualifications of a Minister of State, observes, that a Distrust of themselves was the great Foible of the Family of the Stuarts; but, with Submission, I think, their Distrust of the Whigs was a much greater Foible, who with all the most pathetick and solemn Promises imaginable, could never obtain a Permission to make them Great and Glorious Monarchs. K. James the Second did indeed trust them for a Time; but it was his Misfortune not to trust enough of them; and let any one shew me when any one Tory Corporation or County ever addressed the Throne in such high Terms, as the Whigs did at that Time. They ascribed to His Majesty, not only an absolute Dominion over the Bodies and Goods, but over the very Souls and Consciences of his Subjects. What could be more sincere, than their wishing, that they had Windows in their Breasts, that His Majesty might see the Integrity of their Hearts; and to prove that this was their old constant unalter'd Principle, the Tories themselves own, that if the King could have looked through those Glass Windows into their Breasts, he would have found nothing there but Old Standards and Second-hand Furniture. How loyal a Design was that in the Whigs, to make the Throne a Co-ordinate Power, and how Rudely and Unjustly has it been Misrepresented? Tho' to an Indifferent, Rational Man, nothing can seem a fairer and more ample Concession, than for the Whigs to allow the same Power to Crowned Heads, that ever they pretended to for themselves. Can it ever enter into the Head of any thinking Creature to imagine, that the Whigs should oppose the Prerogative, or any the most ample Claim to Dominion; when not so much as one of the Party can arrive at the Dignity of a Secretary, Treasurer, or Lord Lieutenant, but they presently assume and exercise all that Glorious Unbounded Authority, which the Tories pretend they have disclaimed? By this they cannot be supposed, since they are only Ministers still, to mean any thing else but the Support of the Royal Character, which they represent; which is certainly doing Justice to the Rights of Monarchy. But let the Bigots of the other Party go on to censure them with no more Reason; they will find by Experience, when the long-wish'd for Change comes, that the Whigs are no such Enemies to Soveraignty as they imagine. They have accused them of being the Authors and Abettors of a strange Medley, call'd Mixt Monarchy; but what did they do, when they were uppermost, to deserve this? Did they not push at a Single, Sole, and Total Supreamacy, without any Partners, any Mixture, or Coalition? The Tories vainly dream, that their Passive Obedience and Non-resistance is the shortest Way toward the establishing of Royal Dominion; but they are, as they used to be, extreamly mistaken. Few Monarchs will ever depend upon that Scheme: and besides, it is whisper'd, that they are not in earnest who propose it: For whatever Men resolve when they are in cool Blood, yet, as Mr. Asgill observes, when they are put into a Fright or a Passion, they know not what they shall do. But the surest Way to Monarchical Power, is the Republican System of the Whigs. A short Experiment of this sort never failed to produce as good a May-day Monarch as Heart could wish. Cromwell and Massanello went this way to work; they were Whigs in the making, and Tories when they were finished. If ever therefore there be occasion to restore Monarchy, the Whigs ought to be first restored, to pave the Way to that Design. Their Love of Regal Power is unquestioned; let them go first, and the other will soon follow in course. If we Consider the Honour and Dignity of Parliaments, I hope no one will deny, but the Whigs have a much greater Regard to This than the Tories; and This is another Reason that ought to incline every True Lover of our Constitution to wish and endeavour Their Restoration. What an Ornament their Leading Orators and Speakers were to the Last Parliament, the Tories must remember to their Sorrow. The Figure they made, render'd Them but too Formidable, and Hazarded their being made Hereditary, even in spite of their own Principles. They fell by their own Strength, and their Glory was their Ruin. What might not be Expected from such Men, who could win over a Learned and Reverend Bench of Prelates, to the truly Noble and Christian Duty of Self-Condemnation; and reduce Atheists, Deists, and Libertines, at least to a serious Enquiry after the Doctrines of Christianity? How careless were the Tories of the Senatorial Dignity, when they permitted the Liberties of England and Europe to be disposed of by those who subsisted on the nasty Elective Breath of Scot and Lot Men, Greasy Burgesses, and Indigent Potwashers? How much nobler was it, to leave This Mighty Decision to an Honourable Committee, Independent of such Scoundrels? This was truly Great and like Patriots, for none but such Senators were fit to Chuse Themselves! How many of that Order were Quartered upon Paymasters, Receivers, and the Subalterns of the Chequer? How many held Commissions in Commendam with Burroughs? What vast Numbers were out upon Subsistance and at Board-wages? Whilst others Thrived upon Lists, Bounties, and a Competency of Types and Shadows: Whom the Tories, had they been in their Places, would have Deserted and Forsaken in the Queen's Bench and Marshalseas; and what was all this for, but to enable all the Members to support the Dignity of Parliaments? They were truly sensible, how Great and Inestimable the Value of a British Senate was, and therefore staked the Bank, the East India Company, the Treasury, and in short, all that Plunder, which the Saints had laid aside for the Work of the Lord, in purchasing those Rights and Privileges, which the Tories thought worth no more than a Tub of Ale, and a little good Neighbourhood. It was not possible but the most useful Knowledge in Politicks, must be freely propagated in that School, where Youth were regularly trained up: And as the Order of Nature requires, were taught to Speak, before they could either Write or Read. To declare the Events of War, even in spite of Chance: To conceal the growing Debt, by pronouncing the Receivers to have manag'd well, which set the Bankrupcy still further off: And to publish the Royal Banns, tho' they knew that a strict Follower of good Q. Bess must certainly forbid them, were Attempts, strangely Glorious and Heroick: Such as no succeeding Senate must ever presume to exceed. This therefore must be said for the Honour of Parliaments, that tho' a Whig Dissolution is absolutely necessary to retrieve all, and tho' a Whig Parliament must meet again, yet such a Whig Parliament will scarce ever meet at Westminster. Every Body knows, that we are a Nation subsisting upon Trade and Merchandize, and that the Moneyed Interest is much too heavy for the Land, in the Ballance of the Publick Accounts. I need not tell the World, how much the Whigs have encouraged Trade: And that till They are Restored, we must never expect to see it prosper and flourish. For did not the Tories clamour against the Bank and East India Company, for not transmitting those vast Sums to Flanders or the Indies, where only Foreigners would have been the better for them, which they chose rather to spend in our own Burroughs and Corporations, for the Encouragement of the English Manufactures? I am sorry to say, that such a Practice as this, wants no Colours in the Description, to set it off to the Life. How many Noble Branches of Commerce have been lately sunk, and totally lost? The Premiums for Remittances are considerably abated: The Trafficking with the Debts of the Navy, the vast and profitable Trade to the Straights of Change-Alley, the Split-stick Income, and prodigious Importation of Privy Seals, the Augmentations for Secret Service, the Draw-backs upon Small-beer and Hopps, the Noble Manufacture of the Spanish Wooden-Legg, the Trade of War and of Peace, of Unions and Alliances, the great Advantage of Battles and Sieges, are all in extreme Danger: And God only knows how soon they may be at an end. And who are the Men, whom we are to thank for all this? I need not name the Tories: Every one will fix it upon them: Let them take it off if they can. How did they trump up the South Sea Company upon us, at a Time, when our East India Men began to dream of making both Worlds their own: And that all those, who before the late Whimsical Election, deserved to be sent to the Plantations they had purchased, would once more come to be necessary at Home. Nay not content with this, did they not set up the African Company to be another Rival in Trade, at a Time too, when the Bank wanted to recover its Lustre: Whose Elective Monarchs had been so lately a Match for the Hereditary, and wanted but a few Points to get over, to be in a Capacity of bidding Money for the Patron of England, and erecting themselves into a Bank of St. George. Did they not bring in French Wines for Tory Healths, to the great Detriment of the Herefordshire Trade, whereas we managed the Correspondence to so much greater Advantage, by the way of Holland and Sussex? If this be not sufficient to prove, how much Trade has been discouraged by the Tories, let the many indigent Families, that pine and labour under their numerous Oppressions, witness against them; let the Sir James's, Sir Gibby's, Sir Harry's, with the Illustrious House of Farnese, rise in Judgment against them, who must now starve for want of the other odd Plumb. I know very well, what the Fable of the Fox and the Flies means; I wish every Body else knew it as well; certainly they would never trust the Trade of the Publick with those, who have no Stock, who are empty and craving; whereas the Fat and Well-fed should, one would think, be much fitter for the Business; but this is easily evaded: They say, that Hunger is not so insatiable as Avarice: And that what we call our Wealth, is only the Arrears of the Parish, in the Hands of the old Overseers, which they can demand at Pleasure; see the Insolence and Folly of the Men! How ridiculous is it to say, they will not trust us, when they know, we must trust them, or they can never go on with their Trade. Here indeed I must drop the Argument: For I do not wish to see the Whigs restored, till press'd by Necessity, and the Want of such Managers, the poor distressed Tories come with an awkward Face, and humbly intreat us to take the Shop, the Remainder of the Goods, the Book-Debts, and all the Trade into our own Hands. Again; then we shall soon see, whether the Proprietors of the Dunghil, or its Offspring, are most likely to grow fat and prosper. There has of late been more Noise and Preaching about the Church, than ever was made in it, and all against the poor Whigs: Whereby great Numbers of the Well-meaning Layety, and even of the Clergy themselves, have been drawn into an ill Opinion of them: As if they were Enemies to the Established Religion, and intended the Hurt, if not the Ruin, of the Church of England; we have indeed tried her more than once, even as Silver is tried, but was not this for her Glory? Was she ever purer, or ever more flourishing, than in the Days of Primitive Christianity? And was not that an Age of Trials to the Church? I hope it can never be suppos'd, that Men of our Principles, could have a Design to advance or promote any other Religion; whilst the Tories by lifting the Church too high, by mounting her upon a Hill and an Eminence, have made her as a Mark and a Butt, whereby she is apparently seated in a Place of Danger, exposed to every Assault; such a Situation as this, is no better than a Præceps immane Ruinæ I should be glad to hear one of that Party tell me, whether their erecting Fifty Churches by Act of Parliament, or our filling them by a General Comprehension, be the more meritorious Work of the two; I am sure, no Tory can say the first is the best of the two, without preferring StoneWalls and Steeples before the Congregation, a dead Church before a living. What a ridiculous Coil have they kept about the Doctrines of Passive Obedience and Non-Resistance; could any thing be more for the Service of the Church, than giving the Clergy a Power to defend it? Is not this delivering the Sword to St. Peter, and raising a Church Militia, whereby she may be able to combat her great Enemies, the Papists and Presbyterians? Who are the Men, that do most Honour to the Church, they who represent her as a poor, disconsolate, weeping Virgin, pining and forsaken: Ridicul'd by her own Sex, and tamely ravished by ours: Or we, who dress her up as becomes a Warfaring Amazon, with the whole Armour of the King of Hosts whom she serves, able and prepared to defend her self, to make Princes bow down to the Dust of her Feet, to subdue the Kingdoms of the Earth, which have so long been promised her, to bind their Kings in Chains, and their Nobles with Links of Iron? When Men will wilfully shut their Eyes against their own Good, and stubbornly refuse to see, or to know their own best Friends, I can't think it possible, but they must be often in Danger, and at last inevitably ruined; what could we be supposed to mean by our hearty Endeavours, to join the Church and the Presbyterians, but to strengthen and establish their Power and Interest? The Presbyterians are a Warlike Religion, the greatest Masters of Military Discipline of any Church in Europe: Such an Allie would have been of singular Use to a declining Clergy, had they been at leisure to consult their own Happiness and Security. We own, we gave a considerable Check to Convocations, scarce permitted them to meet, and never suffer'd them to sit, and we glory in the Management; by this we gave the Church a Demonstration, how much we had her Safety and Honour at Heart, when we would not be Accessary to those unnatural Broils and Contentions, which so often endanger her Peace, nor put it into the Power of the Clergy to destroy one another. Can it ever be imagined, that when the first and leading Prelates of the Church were all along in the Secret with the Directors of the Junta, They should not make themselves Masters of all that Fineness of Politicks, that might preserve the Ecclesiastical Constitution, which we had practised with such Success for the Security of the Civil? Did we not by allowing Occasional Conformity, bribe over a great many of the Church's profess'd Enemies to her Communion? And how many Butteresses can we boast of, as useful as their Pillars? If any other Sett of Men can produce the same Evidence of their sincere Love of the Church and Clergy, we shall not then envy their being so much in Favour. In the mean time, let them pray for our Restoration, as they value the great Assertors of the Revolution, by which she was saved miraculously, and thereby reserved for greater Things, if she will be advised, and submit to her best Guides, who would enlarge her Borders, and make no Distinction between her spiritual Governours, and the Kings and mighty Men of the Earth. When the Whigs fell, many of those Firm and well-contrived Underprops were taken away, which Supported and Adorned the Political Structure: and I would be glad to know, what the Tories have substituted in their Room, or how the Building will stand, unless the Old Master Workmen are again trusted with the Undertaking. Could any thing be of greater Use, a more Loyal and Publick-spirited Institution, than the KitKat? By this Society, the Standard and Measures of Wit were allowed and approved, and the whole Coinage of Libels and Lampoons managed to the greatest Advantage of the Publick. Hence Orders were Issued to the Authors, and Prohibitions to the Criticks; and by these Means the Throne and Ministry were not only preserved from the secret and open Attacks of Pamphlets and Satyrs, but the Reputation and Beauty of the Fair Circle were secured from the Insults and Evil Intentions of Time, Nature, or Scandal, with all their Adherents and Abettors. What was the Junta, but a Curb to the Growing Prerogatives of Parliaments, a Spur to Deliberating Generals, a Purgative to a retentive Treasurer, and a careful Guardian and Protector of the Crown? To see a Member of this Noble Assembly, Condescendingly step down to the Cabinet or Privy Council, must call to our Memories some of the famed Instances of Humility in the Old Triumviri, Archons, or Ephori. And if from this Pinnacle, we Descend to the Cellar; even there we shall find a Set of Patriots, no less careful of the Publick Welfare. Their constant Study was, to Countermine the Plots and Contrivances of their Country's Enemies; to Discover Treasons unthought of before, and to prevent even the Premeditating a Conspiracy. How slender a Defence of the Crown would the Law prove, without Witnesses? and how happy a Contrivance was it, to prepare These beforehand? Judges are Commissioned, Juries Empannelled, and why not Evidences Provided, that the Cause may be neither Baulked nor Delayed? Only They, who dare not stand this Test, will be against it. Let Little Officers, who will not Tell more than they Know, or Secretaries, who will presume to Know more than their Betters, tremble at this Judicatory: We need no other Proof of its being the strict Method of Justice, when Those, who will not be Whigs, that is, will not be Honest, are afraid of it. By these Arts, and these Associations, that Loyal Party secured the Throne, the Publick and Themselves. Can the Tories boast any Instances of Wisdom and Justice equal to These? I did not mention the Illustrious Assemblies of Treason-Chamber and Somerset House, where only the Names of the Members are sufficient to give a Lustre to the Society, without mentioning their Laws, Orders, or Original Foundation. Let the other Party produce Their Councils and Synods; what Underprops can They lend the Throne or the Publick? Where are Their Meetings, and whom do they consist? Will they upbraid us with Her Grace's Assembly, as worthy to be Compared with any of ours? Will This vie with the Kit-Kat? Will a little Harmless Tea so blind the Eyes of a Lover, that he shall see Bloom in a Whig Junquil, or curse the Union of the Lilly and the Rose in a Tory? Can they Boast of making an Alderman a Wit, or depriving a Revolted Poet of his Genius? Did they ever Tumble a Duke down Stairs, or make a Compleat Beauty out of a Tallow Candle? What Satyrs, Libels, Lampoons, have they given their Imprimatur to? Shew me that Crown'd Head that is the Worse, or that Rebel that is the Better for 'em. By what Authority do they meet? who is their Protector? What Gods have they Demolished, and what Demigods placed in their Room? Or will they presume to shew us their Fam'd October Club? A Self-created Creature, as much below a Parliament, as our Junta was above it. Shall a few Whetters be compared to Those, who drank all, and yet were not satisfied? Shall a Squadron of Knights and Squires, whom we had long since Drained, compare with Those who Glory in their Spoils? Sometimes indeed, they are Elevated into the Imitation of our Genius, and then they Deviate into Whigs, answer their own Questions, and put the Negative upon Themselves; but in their ordinary Capacities, they can only Blacken a Name, where we could Erase one; can only Design a Model of that Scaffold, which we could Finish. Such are the Supports the Tories lend the Government, such their Councils and Assemblies! How soon will they vanish, when our Morning comes again; when instead of their stale Accounts of the Constitution, Protector, Junta, and Kit-Kat, shall be the Great Political Mystery. That which confirms me in my Belief, that the Reign of the Tories will be short, is, because they do all they can to Lessen the Number of their Subjects, and to look upon the Dissenters as scarce Naturalized. The World knows their Settled and Professed Dislike of the Toleration: and it should seem unnecessary to vindicate the Whigs upon this Article, which makes another very good Reason for their Restoration. Was it possible for us to shew the Dissenters in a better Light, or to make them appear more worthy of the Indulgence the Law has given them, than by convincing them of the Necessity they lay under, to Practise that most Charitable and most Christian Duty of Occasional Conformity? Could we give a better Security to their Party, than by Increasing their Numbers; an Argument, which they never failed to make the best Use of they could, and by placing Deists, Socinians, Libertines, and Free-thinkers, in the same Rank with them, and putting both under the favourable Protection of the very same Statute? Did we not fling them in a Flying Squadron of those called Moderate Men, who did them a World of Service, tho' their Principles and those of the Dissenters were at the utmost Opposition: For by appearing chiefly on that Side, they strengthen'd that Party, and served to amuse the Enemy? Did we not Encourage the Reformation Acts, whereby the Saints, whose Sins lay quite another way, sucked no small Advantage out of those Iniquities, which themselves least followed and admired? We saw and considered well, the antient Enmity between the Presbyterians and Independents: How they Reviled, Persecuted, and Clawed one another, till we timely Interposed, Reconciled both Sides, put Independent Congregations under Presbyterian Teachers, and made them one Church, and brought even Contradictions to meet for their sakes, whilst the Northern Kirk laughed at the Motly Monster, and we were content to bear their Reproaches. Did we not bring some of them over to the Doctrine of Lawn Sleeves, and how much was that for their Advantage? How much greater therefore are our Pretensions to their Favour, than those of the Tories? For which Reason, we call upon them to fight our Battels, and to exert themselves and the Courage of their Ancestors in our Behalf, and to bring about another Happy Restoration. As no Set of Men do more cordially Profess to humour the People in all reasonable Requests than the Whigs; so they are abundantly prepared to Gratify the present Cravings and Importunity of their antient Allies, the Multitude. How many hearty Promises did the Tories make them, that they should have a Holyday for St. Giles's and Tower-hill, together with a sufficient Quantity of Roast-meat to their October? But these things are utterly forgotten now they are in Power, and should think of Performances. They begin to argue now, that the Guilt of a Publick Plunderer is his Best Security; that Necnons are a Plea sufficient to overthrow the strongest Charge; that the Condemning the Rich is without Precedent; and that the worst Malefactors are pitied at the Gibbet. Whereas, if the Whigs were once restored, they would soon find a Way to oblige them, who know so well how to punish False Brethren, and to manage a Decent Execution to advantage. Do we think, they would Permit those Criminals to escape, who built a Scaffold for their own Party; and put an End to a well-established Usurpation with a Prodigious Farce? Can we believe, that they would ever forgive those Pettycoat Party-men, who staked the Cause of the Lord and his Saints, against a Tea-table Quarrel; and put it upon the same Lay with a Dispute about Commodes and Furbeleaus? They know but little of the Temper and Wisdom of the Whigs, who think they will not be ready at any time to deliver up to the Paws of the most Lyon-like Tories, All Those, who falsly assumed that Venerable Name, and debased their Party under the Impudent Pretence of Modern Improvements: and basely went off from the Good Old Cause, and the Gallant Principles of the Ludlows, the St. Johns, the Hambdens, the Sidneys, and Harringtons; Men that were Born in worse Times, and yet behaved Themselves much Better. Can we see the Union turned against us, and Those who used to be First in the Cause, now servilely Truckling to the Tories, and taking their Pay instead of their Plunder, and not sufficiently resent the Folly, and as heartily prosecute their Treachery, who would not draw the Union closer, and with a handsome Equivalent make our Brethren Whigs as well as Britons? Now at length our Eyes are open; and we may discern of what Species our famed Converts are; we may easily see the old Leven of the Tories still prevails in them, and that they took Refuge with us, only because they were rejected at St. Germains: If therefore our honest Friends in Holborn and Moorfields, have a Mind to a Procession; let them Restore the Whigs, and I'll engage, they shall have it at the Expence of our own Party. How can we ever expect to see Moderation, the most lovely of all Christian Vertues, flourish again, unless the Whigs are Restored? The Tories do not so much as name This Vertue amongst Their Party, but with Abhorrence; and how did they oppose and revile us, whenever they found us inclined to practise it? When out of a vast Number of Papists and Jacobites, we singled out but one to make an Example, Ex post facto, How was our Moderation misrepresented? When we aimed at an utter Expulsion, and declared openly for Root and Branch: Being resolved not to leave so much as one Tory either in the Executive or Legislative Branch, with what Invectives did That Rampant Party open against our Clemency? And yet how Great was our Mercy, who were only contented not to Prefer, instead of Punishing as we ought, the profest Enemies of the Publick? When we Tolerated every thing but One or Two Articles of the Church, Justice it self could not preserve our candid Proceedings from being Reflected on. Others might punish every thing, and remit nothing, and yet claim the Character of Upright Patriots: We granted a General Indulgence, and only put a Restraint upon two or three Crimes, and yet are call'd Bigotted and Intemperate. What Tryal, what Debate, what Publick Cause, was there, in which we had not a very tender Regard for our own and the Nation's Friends? With what Face then can they complain of our Want of Moderation? Is it usual for Men to talk perpetually of Moderation, and to sound scarce any thing else from the Senate, the Bench, the Bar, the Press, and the Pulpit; if they never intended to practise any such Duty? Can we be thought so mad as to accuse the Tories, when they presume to inquire into any Backslidings of the Faithful, of the Want of Moderation, if we did not believe there was such a Vertue? Take a View of us in the Proceedings and Conduct of our Viceroys, our Secretaries, our Judges, our Bishops, and all our Subalterns, and then accuse us of failing in this Duty if you can? In short, give us the Power again, if you would try our Temper: For so fond were we of Moderation, that we had a Spice of it even in our Manners, our Sense, our Good-nature, our Honesty, our Religion. Let the Union, which wants so much to be Establish'd and Fortified, be another Reason for Restoring the Whigs; who first contriv'd it, happily accomplish'd it, and seem to have a Title to take Care of it, as a Child of their own. Is it reasonable, that the Tories should step in, and reap the Fruits of our Labours? That they should run away with the Glory of a Treaty, and leave us the Shame of a Confederacy? Must we lose a convenient Place to land our New Revolutions in? Did we for this send for them of the North to be Catechiz'd under our Secretaries, that they should revolt, and go to the Episcopalians for Confirmation. I appeal to that truly Learned and Honest Statesman, Mr. Daniel de Foe, who has so bravely attempted to free that Nation from the last Resort to England, and so boldly advanc'd our English Lords to a Degree of Honour, surpassing Turks, Indians, and other inferiour Trucebreakers; nay, has compar'd them even to the King of S, Whether now the Honey-Moon is over, and the Jointure and separate Maintenance settled, the Bride, as he well expresses it, be not as willing as We to part? Does he not assure us, That We united with them as Presbyterians? And are not Presbyterians Whigs? Now if they turn Tories, how can the Treaty be observ'd, unless We are again Restor'd, and Put into a Power and Capacity of Keeping Them Right? But there is another prevailing Argument, that ought to plead for Us: I mean, the due Application of that Noble Invention, call'd a Sponge. Let the Tories deny if they dare, that the Whigs were the Authors of this curious Device, and in how critical a Juncture was it found out? Just as the growing Debt of the Nation was Rising to so prodigious a Sum, as must make that Admirable Rarity of immediate Use and absolute Necessity. Whereas under the Dilatory Conduct of the Tories, the long Entail of Debts under which the Nation groans, is in a fair Way to be secur'd: Our Merchants who have studied the Wars so long, are now like to be paid the dull old Way of Interest and Principle, without any Prospect of shorter Methods: Not the least Hopes of Plunder are left them: Nor so much as the airy Appearance of a New Revolution, tho' they have been Wrangling and Quarrelling for it ever since the old one. If we are not to be restor'd to all our Power, yet trust us only with the White Staff, with the Magician's Rod; for what Tory of the Pack, Red hot or Moderate, will ever handle it to so good an Advantage, or do so many Romantick Feats with it as when it was in our Hands? It fortified those who were within the Circle, and made those without dance after us to no Purpose. Was there ever a nobler Piece of Enchantment acted in the Hay-market? Did we not raise Castles, build Fleets, kill Giants, destroy Monsters, erect Palaces, mount Witches upon Broomstaves, and employ Devils without Number? And was it not reasonable we should be paid for a Raree Show, so wonderful and surprizing? Let others raise Millions to end the War, we did it to carry the War on. It is true, the Present Sett of Men write a good Hand, understand Accounts, and can form a Ballance or Sum Total to Admiration: Give us the Power then; make us the Squires, and let them be our Stewards and Baileys. I am sure, if we are not soon reinstated in the Treasury and Exchequer, the Tories will begin a most terrible and bloody Persecution; and no less than the total Overthrow and Massacre of the Whigs will satisfy them: for what a Temptation will it be to that honest Party to desert, when it is no longer for their Interest to be Whigs? Tho' they cannot be Trusted, yet they will Trust, which is bad; where Seven or Eight per Cent. is the Reward of their Faith, the Tories are sure to cut them off at a Blow; For where their Treasure is there will their Heart be also. Have we any Regard to sweet English Freedom? any Detestation of Chains and Slavery? Let the Whigs be Restor'd; the great Patrons and Supporters of Liberties. Whilst they Reign'd was there any Complaining of Oppression? any extraordinary Business at the Old Baily, the Secretary's Office, or before the Attorney General, or Serjeant at Arms? Were there any accumulative High Crimes, any constructive Treasons, or any Scandal by Interpretation? Was there any Dread upon the Subject from Committees of Affections, or of Examinations? Did not the Press, and the Bar, and all Sorts of Pulpits, run Riot as they pleas'd? The Church, the Throne, the Mitre, together with the dead Letter of the Law and the Gospel were not exempted: All the Restraint was, that no one should teach Fundamentals, or should libel the Saints and the Elect, and was not this just and reasonable? But to what Extravagances of Tyranny are the Tories now hurrying? If we Whigs do but sin over our old Precedents, and claim the Rights and Liberties, which, because they were our own, we very equitably denied to others; presently they step in, and plead those very Laws, and would inflict those very Penalties, which we made and settled, as if they, forsooth, the sworn Enemies of the Government, were upon a Level with its best Friends and Supporters? Nay, are they not making what Haste they can to Remove those Incumbrances which lay hard upon the Crown, which we plac'd there, on Purpose to embarrass the Prerogative, and make the Assertors of Liberty necessary, and fit to have all the Power? These the Tories are now throwing off, and ungratefully attempt to load them on our Shoulders, who despise their Malice, and at the same time laugh to see their Folly, in admiring and contemplating the happy Union between Majesty, Goodness, Piety, Compassion, and Tenderness, whilst they want the Sense to improve a Royal Foible: and know not the right Use they ought to make of those convenient Vertues, tho' they have our Instructions ringing in their Ears, and our Examples fresh in their Memories. Let any of the Hack-Writers among the Tories tell me, whether they ought not to be restored to Power, who best know how to keep and defend it? How can they expect to stand long, who are so easily blown down with every Puff of Wind? Whereas we, who make Storms, can abide them. A civil Message, a Frow, a short Billet, or even the Blasting of the Breath of the Royal Nostrils, could send the poor heartless Tories packing; and deprive them of all; whereas we stood out manfully, bullied the State, defied, swagger'd, talk'd of our Generals, our Admirals, our Rights, our Riches: Appealed to the Army, cried out for Help to Holland, bid the Bank stand by us, and like brave Champions, neglected nothing that was for our Honour and Safety; and here I must beg leave to make use of the Prince of Conde's Words upon another Occasion, How well do such Men deserve Power, who could so bravely defend it! What have we done, that we did not and do not still justify? Have they convinced us of any one Fault? They must be shallow Politicians indeed, who can believe, that since we were turned out with so much Difficulty, we shall not find it easy to come in again. There is an Argument, upon which the Roman Catholicks value themselves more than upon any other; they say, that Protestants allow Salvation in their Communion, tho' the Papists deny Salvation in a Protestant Communion; when it is much the safest way to be a Papist: Because both Sides agree, that he may be saved: Whereas the Protestant has only the Word of his own Party for his Security: And this Argument gives the Catholicks much the best of the Lay. Now tho' the Whigs have all the Aversion in the World to Popery; yet they never thought it a good way to take Advice of an Enemy, and to learn his Ways; Reason is to be heard from whatever Quarter it comes: And therefore with a great deal of Justice, they have palmed the very same Argument upon the Tories; we deny them the very Power and Possibility of being honest Men or good Subjects: And we have good Grounds for this, how otherwise would such a Practice consist with the great Duty of Moderation, which every Body knows we profess. And according to this Perswasion, when we were in Power, we would not leave so much as one of them in the Ministry. But on the other Hand, the Tories, tho' they clamour at the very Word Moderation, do not deny us the Possibility of being good Subjects: For when they are in, they admit great Numbers out of our Party, to be Partners of their Power; trust, caress, and believe us, let us into the Secret, and divide the Profits with us; when a Man therefore turns Tory, he runs much the greatest Hazard of Exclusion: But all is Rugg, as the Gamesters say, with the Whigs; and this is another never failing Reason, why the Whigs will, and shall, and must prevail. Great has been the Triumph of the Rampant Party, upon the going off of the Mob from their antient Allies; and after they were raised by us, declaring for the Enemy. It was pleasant, to see us raking in the old Tory Pamphlets, for Railery against Tumults and Rabling: tho' upon the first Importation of a few Colours from Flanders, and the Assurances given us by Irish Tom, who had fixt the Time to May-Day, we firmly believ'd, we should have them again on our Side: and then those Reasons and Raileries would revert to their first Owners. However a Reason is good, if it serves the Turn but for ten Days; and tho' by our Moderation, we suffer'd the Parsons to pass among their Neighbours for ordinary Monsters, and little Devils only of about two Years old, so that the Rabble began to think 'em very good Play-Fellows; and tho' we made such a Noise and Ostentation of our Wealth, that our loving Subjects began to think of claiming their Part in the Plunder: Yet now these things are all over, we have stood the Shock much better than the Tories used to do, when they were attack'd by the very same Weapons; and there is all the Reason to believe, that the Tories will soon take their Turn; for that Poverty we have brought and entailed upon the People, will soon make them mutiny against their present Directors, tho' they are not in Fault, before they can retrieve our Mismanagement. The Octobrians, as the hot Weather comes on, will perhaps begin some Gambol or other, dress a Scare-Crow for us, or it may be, give us some very great Rogue or Raparee in Distress, as bad as our selves, that we may have Pitty upon him. When other People get to be as rich as we are, there will be many Mouths watering at them too: Especially, if they have the same Occasion that we had, to proclaim our Wealth, and let the World know where our Mines lay. Whatever happens, the Mob must be with us, and bring us in again like a mighty Torrent; for it is not to be expected, they should part with their old Friends for a hasty Word, or for one rash and inconsiderate Action. We have been told indeed, that our Political Lies and Pious Frauds were ill Contrived, and worse Managed; and that at present we are utterly exhausted. The Ingratitude of the Tories is indeed in this Case never to be Palliated or Allowed for; when they gave out, that we were Enemies to the Church, that we were Fierce, Immoderate, Implacable in our Tempers, that our Avarice was Insatiable, and we should Spoil, Plunder, and Devour all that came in our Way, and that we were Enemies to the Prerogative, and Hereditary Insulters of Monarchy: We did them the Favour to make their Words good in every Particular, so soon as ever it came to the Tryal; but when we represented them as Papists, French-men, Jacobites, Tyrants, Perkinites, and Blood-suckers; they gave the Lie to every Name, so soon as ever it was in their Power; pursued the War with France, were hearty for the Succession, secured the Publick Debts, declared for the Indulgence to Dissenters, and even let Us go unpunished. But what then? Tho' this Bite failed, have we not another? Are we so exhausted? Did we not presently give out, that they never intended all this, but comply'd with it, because they found it necessary at present: Tho' we knew there was no Proof but our Scandal, that ever they intended otherwise? Did we not assure the World, that some of their Leaders were Whigs in Masquerade, tho' we know, that They know that we would have Hanged them as the worst of Tories, who never herded with us, but to Betray and Undermine us, and that we shall never forgive them the Late Turn? And did we not presently trump up a Distinction of Old and New Whigs, and give out that the New Whigs, most of which were of the Late Ministry, were False Brethren, and as such ought to be divested; and that most of the New Ministry are Old Whigs, and ought to be joined to the Old Whigs of the Late Ministry, so that it may be a Whig Ministry still? Have we not perswaded the Town, that the October Men, and their Adherents, are Mortal Enemies to the Present Ministry, tho' we know the secret Correspondence between them, and that their Demands are Concerted; and then, because of their Numbers, made the Pretence to Ruin us, as if the Ministry could not help it? And after all these pretty Inventions, are we Exhausted? are we Drained? Has not the Town bob'd at these Baits, swallowed the Gudgeon, and listened to our Pamphleteers? and may we not reasonably hope to be restored, since we Practice our Old Arts with such Success, and our Good Genius has not forsaken us? I could mention several other Reasons, that may induce us to Believe, we shall soon have another Turn in our Favour; such as the Great Power of Money, which is so much the Property of our Party, and which may be turned to a very good account, e'er it is accounted for, and the exorbitant Surplusage Refunded. Besides this, the great Increase of our Necessary Women, who are so apt to do good to the Distressed; as also the Method of the Tories, who take all Advantages of the Divisions between the Old and New Whigs, the Subscribers and Those who stand out, as we did of their Divisions: Who erect Clubs to promote their Interest by a Pretended Opposition; and in short, give into a great many of our Measures, which may at last lead them into those that Ruined Us. But I wave these Considerations: Those I have already mentioned, are sufficient for the Consolation of our Friends, and the Terror of our Enemies. More might be said, if the Times would bear it; and less could not have been said, without wronging a Good Cause, which God, in his own Good Season, will take Care of. I hope it will one time or other be Remembered to my Advantage, That I have Dared to be Honest in a Villanous Age, and to appear boldly in the Face of the World, an Advocate and Defender of the Injured and Oppressed, who yet have Deserved other Usage from their Country. Others could write of Publicola, Aristides, Atticus, and Epaminondas, when they Flourished and were at the Head of Affairs: My Task has been to acknowledge and proclaim their Merit, and with it the Ingratitude of their Country, now they are Distressed and Forsaken. Every body sees to what a Monstrous Pitch, the known Insolence of the Tories is already Risen; for which Reason, it would have been inexcusable Hardiness in me to Publish my Name to the World, and thereby Expose my self to their Fury. I reserve my self for a Better Fate; tho' in Handling the Subject, I have not Spared Them: and if they should Discover me, am Prepared for the Worst that their Fury and Mad Zeal can Invent. I expect a great many Answers to what I have written, and that I shall be attack'd with all the Ill-manners, Billinsgate, and Railery, which are so natural to the Tories: But I hope my Readers will provide against it, as well as I do, and will learn to Despise Ill-Language, and listen only to strict Fact and sound Reason. For my own Part, my Conscience is my Support; I have the Æs Triplex about me, with which the Whigs have so long stood the Shock of all their Enemies. I am conscious I have done my Duty, and leave the rest to Providence. I am sure, this is not a Time for the Whigs to sit still, and hold their Tongues, under the Discipline of their TaskMasters. I have broken the Ice, and expect that all Lovers of Truth and Friends to the Constitution should stand by, and assist me. Let the Examiner and his Brother Abel begin the Fray if they please; if they will keep close to the Subject, and argue upon the Principles of Reason and Justice, I shall attend to and answer them; but if they stick to their usual Talents of railing and calling Names, as I shrewdly suspect they will: I shall no more mind such Barkings, than if I were actually placed in the Sphere of the Moon, quite out of hearing the Clamour they make. When I first undertook this Subject, I gave the Rough Draught of it to a very Eminent Tory, to peruse; agreeable to the Humour of his Party, he was in a great Heat, railed incessantly, and threatned me with an Answer. If he holds in that Mind, upon the first Appearance of his Pretended Confutation, I shall be ready with a Reply; of which timely Notice shall be given in the Review or Observator.

Politics

REASONS for Restoring the WHIGS.

Reasons for Restoring the Whigs

PolA1720

ONE of the greatest felicities of a free country, is, that the Laws are a common measure and standard of all men's actions, binding as well the Governors as the Governed, in their respective capacities; while in countries, groaning under arbitrary power, the rule of men's actions is unconstant, and therfore properly unknown: the Prince abolishing to day what was establish'd yesterday, and no body being sure what will or will not be decreed to-morrow; whence all security for Property is render'd precarious, and other infinite disorders unavoidably ensue. But as every thing is in perpetual motion, and that many things, which at certain times were not only desireable but even necessary, do, at other times, by a change of circumstances, become burthensom and very often intolerable; so the Legislative Power can apply a seasonable remedy, by explaining, amending, or repealing such Laws as are found to be either defective, or contrary to the good of the Community. In making of Laws, among all the Free Governments of Europe, the deliberations in our own are the most equitable and mature. There is nothing precipitant or clandestin; all things, on the contrary, are public and solemn: for by the usual forms of reading and passing Bills in both Houses, before they are offer'd to the Royal Assent for being enacted into Laws, there is due time given for thorowly considering the nature of the things propos'd; and for one House to correct the mistakes, or to supply the omissions of the other; as there is room for the King to stop and better advise; upon what may have unwarily or thro heat escap'd them both. On such occasions every man may be freely heard for or against the Law under debate, as it is every man's duty to assist his country no less by his advice, than by his arm or his purse. He may represent what he apprehends to be a Grievance, without fearing to be counted factious; and may expect redress, without being thought to claim more than his due. THIS, I say, is none of the least benefits, which every Subject of the British Empire enjoys as his Inheritance; and by virtue of this Birthright (which makes it no less than my duty) I take the liberty, with all deference to your Judgments, to lay before your Honors some few of those Reasons I have to offer, why the Bill sent down to you from the House of Lords, Entitul'd, An act for the better securing the Dependency of the Kingdom of Ireland, upon the Crown of Great-Britain, shou'd not pass into a Law. Tis impossible for any man to entertain a more glorious Idea of our unvaluable Constitution, than I have ever done; and shou'd be very sorry in particular, that any one cou'd exceed my veneration for the Peerage, which is a most essential part of the same. But the Lords are Men no less than the Commons, and even Kings themselves, tho God's Vicegerents, are subject to human errors and frailties: which makes it necessary that the several Estates shou'd be mutual checks on each other, as it has very frequently happen'd; to the immense benefit, if not somtimes the preservation of the whole frame. Nay, when any of our Kings invaded Law or Liberty, there wanted not private Persons (besides the interposition of the two Houses of Parliament) who gave loud warning of the danger; and were by all good men applauded, for postponing their own safety to that of their Country. I SHALL be careful not to take up too much of your time, with mustering all the Observations that may be justly made upon the Bill you have before you: but of the few Objections I intend to make, the first that naturally offers it self, is taken from the Preamble, which asserts, That attempts have been lately made to shake off the subjection of Ireland unto, and dependance upon, the Imperial Crown of this Realm, which will be of dangerous consequence to Great Britain and Ireland. Now this is a suggestion of such a Nature (but why do I call it a suggestion, when it sounds like a peremptory accusation?) that a whole Kingdom, without any the least exception, being involv'd in it; one wou'd reasonably expect, flagrant proofs of such Attempts shou'd be alledg'd, as the most proper Considerations for your passing the Bill. But no color of such a proof has been offer'd, nor indeed possibly can be. The Protestant inhabitants of Ireland abhorr from their hearts the thoughts of such Attempts. They count it their chief happiness, to be inseparably united and annex'd to the Crown of England, now of Great Britain. They readily acknowlege, that all the rightful and lawful Kings of Great-Britain become ipso facto Kings of Ireland 28 Hen. 8. cap. 2.: tho to take away ambiguity of Titles, contrary to the right legality of the succession and posterity of the lawful Kings and Emperors of the said Realm of England, as this Land of Ireland (to use their own words) they do from time to time make Acts of Recognition; as in the case of King Henry VIII, Queen Elizabeth, King James I, King Charles II, King William and Queen Mary, and his present Majesty. The Protestants have on all occasions no less vigilantly asserted than valiantly maintain'd the rights of the Crown of England; and very lately have been as forward as successful in suppressing Rebellions against his present Majesty, both in England and Scotland: while they kept all things quiet at home, not one Protestant refusing allegiance to King George, much less questioning the right of the Kings of Great-Britain to be Kings of Ireland. All sorts of Protestants were so much of one mind in this particular, that the Troops having been drawn out of the nation, the Dissenters, notwithstanding their legal incapacity, took arms at their own charge for the common interest; to the great joy of all good Churchmen, tho they stand in need of a pardon to this hour, for so seasonably obeying the call of the soverein Law, Salus Populi. 33 Hen. 8. cap. 1. The knitting of Ireland to the Crown of England (which they hope will prove an indissoluble knot) was their own act and deed in King Henry VIII's time; as by the Act that the King and his Successors be Kings of Ireland, plainly appears, wherin it is made High Treason by word or deed to affirm the contrary: not to speak of many provisions made by their ancestors to the same purpose, when our Kings us'd the stile of Lords of Ireland. The suggestion therfore in the Bill now before your honors, that attempts have been lately made to shake off the dependance of Ireland upon the Crown of Great Britain, the Protestants of Ireland conceive to be most injurious injurions , as they know it to be altogether ungrounded; and cannot persuade themselves that you'll pass any Bill, which without, nay against all proof, lays them under so unjust and so heinous an imputation. THE next thing, wherof his Majesties faithful subjects of Ireland think they have reason to complain is, that the said Bill suggests the Lords of Ireland, in order to shake off the dependance of that Kingdom upon the Crown of Great Britain, have of late against Law assum'd to themselves a Power and Jurisdiction to examine, correct, and amend the Judgments and Decrees of the Courts of Justice in the Kingdom of Ireland. It seems very strange that the Law or Laws are not recited, or at least that they are not referr'd to, against which the Lords of Ireland have assum'd a Judicial power. This is no more done, than the Attempts specify'd, whereby the Irish wou'd shake off their dependance upon the Crown of Great-Britain; and I am convinc'd that no Law can be produc'd to this purpose, which will not equally affect the Judicature of other Lords. But be the Judicature of the Peers in it self lawful or unlawful (which is a point wherein I shall not presume to deliver any opinion of my own ) tis nevertheless a thing certain and undeniable, that it is not only of late, as the Bill suggests, that the Lords of Ireland have exercised a Judicial power, but from the very first establishment of Parliaments there. Notwithstanding the destruction brought upon the Records of the Kingdom by frequent Warrs, yet it evidently appears by such as are left, and particularly by the Rolls of Parliament, that abundance of causes have been judicially determin'd by Parliament, especially from the Chancery side of the Exchequer. So that supposing you did admit a Judicial power in the Lords here (for making which supposition I shall presently bring my reasons) you shou'd not in common justice conclude any thing to the disadvantage of the Lords of Ireland, till the collection that is making of those Causes be sent over hither; which can't well be done till the Parliament sits there, and the Irish Lords appoint Commissioners to manage this affair. If what I affirm'd be on the one hand, matter of fact, as unquestionably it is; and that, on the other hand, such a power has never been question'd during so many reigns: it is certainly more than a presumtion in favor of the Irish Lords, nay, it is in my opinion a very strong argument; wheras there is no instance of an Appeal from the Chancery of Ireland to the Lords here, before the Year 1670, when there was no Parliament sitting in Ireland, and therefore no opposition cou'd be made to this innovation. LOWER in the said Bill the Lords of Great-Britain desire it to be enacted and declar'd, that the House of Lords of Ireland have not, nor of right ought to have any Jurisdiction to judge of, affirm, or reverse any Judgment, Sentence, or Decree, given or made in any Court within the said Kingdom: and that all Proceedings before the said House of Lords, upon any such Judgment, Sentence, or Decree, are, and are hereby declar'd to be utterly null and void, to all intents and purposes whatsoever. To this Clause alone I shall in a manner confine my self in this humble address, as being a thing I can never be brought to believe that any one of your number will approve, much less that you will give it the sanction of your honorable House: for as to other matters contain'd in this Bill, particularly the binding of Ireland by Laws made in Great-Britain , they are Arcana Imperii, which I am strongly of opinion ought still to continue so, and not be made the subject of public debates or writings. I shall only remark, that the truest sign of the love of Liberty in ourselves, is our loving it in others, and grudging it to none: much less to envy such a blessing to our fellow-citizens or fellow-subjects, to our own flesh and blood. The first objection which I offer against the said Clause, is the Retrospect it has; wherby all the Decrees past by the Lords of Ireland, during several Centuries, are, without any saving or exception, declar'd to be null and void. Innumerable wou'd be the dismal consequences, shou'd this pass into a Law. Most of the estates and purchases in the Kingdom, in the common opinion wou'd be unsettl'd at one stroke; and a world of families wou'd apprehend themselves to be utterly ruin'd, notwithstanding it be receiv'd for Law, that threescore year's possession makes a good Title. Who knows how soon it may be disputed, whether this time be equivalent to time immemorial? The strange face that this Retrospect carries with it is so manifest at first sight; that to men of your known equity, no words are necessary to move your compassion. Nor is it a consideration less moving against this Clause, without needing the help of any art, that whereas the People of Ireland were wont to have justice near at hand and even at their own doors, they must hereafter (if such a Law shou'd pass) be forc'd, to their unspeakable loss of time and expence, besides the danger of the Seas, to come over hither, whenever they conceive themselves aggriev'd by the Chancery there. This wou'd soon impoverish the richer part of that Nation, while the poorer sort must be totally depriv'd of Justice, as not being able to come and sue for it in England. The pravity of human nature consider'd, Ireland wou'd thus become, and partly by your means (shou'd you pass this Bill) the most deplorable scene of wrongs in the Universe; as indeed it wou'd be the fate of any other country under the like circumstances, where the stronger under color of Law might oppress the weaker: and we know tis a receiv'd maxim in Politics, that no Tyranny is more grievous than a Legal Tyranny. ANOTHER objection against the Clause, not less important than those I have mention'd, is, that the Lords will thus come to have the disposal of all the Property in Ireland, and the King's Prerogative be taken from him of having a Judicial power in that Kingdom, which all former Kings have hitherto enjoy'd. This looks to be no very obliging way of distinguishing King George: and, in effect, shou'd this Clause pass into a Law, the King wou'd soon find, that the Lords had drawn Ireland from him to themselves (tho they shou'd intend no such thing) by the court which wou'd be then made to them that had the power; and not to him, who cou'd no longer be able to protect his Subjects. This alone appears to me a matter of so great weight, that I cannot suppose the King will ever give his assent to such a Law; or that any Minister will hazard advising him to do so, shou'd even the Bill pass your House: which (all things consider'd) tis no way probable it shou'd, or at this present time or ever herafter. For either there is some Law extant for what the Lords suggest, or there is none. If any such there be (which I wonder is not nam'd by some of the learned in the Laws in that most honourable assembly) then the making of any new Law seems wholly needless: and if there be none, as people must reasonably imagine till they see the contrary, I doubt not but you'll take sufficient time before you make a new one. And truly many will be apt to suspect, that the Law at present propos'd, is not superfluously doing what is already done; but doing indirectly, what has never yet been done: namely, getting a Law enacted, tho tis not so exprest, to draw Appeals from Ireland to themselves; and so hooking in the Commons by specious pretences to grant 'em that, which all your predecessors have constantly deny'd. THIS leads me of course to put your Honors in mind, that your House is almost as much affected by this Clause as the People of Ireland: for tho the Lords do not, as I just now said, declare in express terms that Appeals shall be brought to them from Ireland; yet considering that, since the year 1670, they have receiv'd several such Appeals, and that if there be no final Judicatory in Ireland, there must be one somwhere: considering all this, I repeat it, they do effectually bring those Appeals before themselves by a side-wind; for where can we think they'll own the dernier ressort to be, but in themselves? Farr be it from me to deny, that the Lords have not a right to that Judicial power, which they do actually exercise. This is not a matter for private persons to determine. But I know historically, and your own Journals (which are public Records) do prove beyond dispute, that the Commons your Predecessors, to whose right you succeed, have more than once actually deny'd, but never once allow'd this power. In May 1675, the House of Commons resolv'd that there lay no Appeal to the Judicature of the Lords from Courts of Equity; and that no Member of the House should prosecute any Appeal, from any Courts of Equity, before the House of Lords. In consequence of this vote Serjeant Pemberton, Serjeant Peck, Sir John Churchill, and Charles Porter Esq; were committed to the custody of the Serjeant at arms for a breach of privilege, in having been of Council at the Barr of the House of Lords, in the prosecution of a Cause depending upon an Appeal. To come nearer our own time, at several conferences with the Lords, in March 1704, the Committee appointed by the House of Commons, following their Instructions, call'd the Judicial power of the Lords an unwarrantable Judicature, an Encroachment lately assum'd, unaccountable in its foundation, inconsistent with the Constitution, an Usurpation, a bottomless and insatiable Gulf, which wou'd swallow up both the Prerogatives of the Crown, and the Rights and Liberties of the People. These, and many more such expressions, may be read in the Quotations, annext by way of Appendix, out of The proceedings in relation to the Aylesbury-men committed by the House of Commons, and und the Report of the Lord's Journal, &c. printed by authority of the House, in the said year, 1704. GOD forbid, as I said before, that I shou'd ever question the Judicature of their Lordships; which, in one of those Conferences, they affirm is too sacred a thing to be touch'd: Pag. 48. but if things have not since chang'd their Nature, and that you succeed to the Maxims of your predecessors, as their Committee Committe then said, that the Designs, as well as Honors of the Lords, may muy be hereditary; Pag. 48. you will not I conceive pass the Clause in question, which brings that about indirectly (as above hinted) which the Commons have directly deny'd. But if Appeals are after all to be brought from Ireland, a thing however I hardly imagine you'll consent to be past into a Law: If such a thing for supposition sake, shou'd possibly happen; then tis not to be doubted, but you'll be for having those Appeals and Writs of Error determin'd by a Committee of Lords and Commons, which was the antient primitive way, and is prescrib'd in the Modus tenendi Parliamentum. This among other things, is explain'd with no less perspicuity than brevity in a Letter from a Member of the House of Commons in Ireland, to a Gentleman of the long Robe in England , lately publish'd. To what the author has excellently said, I add after good vouchers, that the very form of Writs of Error in Parliament is alter'd in a most material point, by whose consent or contrivance I am perfectly ignorant. It is still returnable into Parliament generally, and the Judgment is enter'd per Cur' Parlimenti. But where the antient form, which appears in Rastall's Entries, folio 302, was Ut de concilio & advisamento Dominorum spiritualium & temporalium, ac Communitatum, in Parliamento nostro existentium, ulteriùs pro errore corrigendo fieri faciamus quod de jure, &c; of late, as appears by a Writ of Error, printed in the Lord chiefJustice Saunder's second Report, folio 228 (and agreeable to that are all the modern ones) the word Communitatum is left out. If the contest be therfore about power, there is no reason you shou'd not have your share of it. AND most certainly, whether the Lords intend such a thing or not, it will by multitudes be vehemently suspected, that it is merely out of a view to enlarge their own power, and not in reality to secure the Dependency of Ireland upon the Crown of Great-Britain, that they have brought in such a Bill, as they have now sent down to you; since the wit of man cannot better secure that dependence, than it is done already by Poyning's Act, and such others as explain or confirm it. 10 Hen. 7. cap. 4. 28 Hen. 8. cap. 20. 3 & 4. Mar. cap. 4. 11 Eliz. Sess. 3. cap. 8 &c. Therby it is provided, that all Acts of Parliament, with their causes, considerations, and articles, shall be transmitted into England, in order to be perus'd by the King and his Council; and if found good and expedient, to be approv'd and sent back, with his Majesty's Licence under the Great Seal of England, now of Great Britain, for passing the same: or if not approv'd by the King and Council, to be by them in that case alter'd, or chang'd, in whole or in part, or be quite rejected; and when any Acts are finally approv'd and sent back to Ireland, then to be past in the Parliament there without the least variation, even to a syllable, or else to be wholly refus'd. What can more effectually secure the dependency of Ireland on the Crown of Great-Britain? Who goes about to change or lessen this security? And is not the tendency of the Bill before you, to take off this dependency on the Crown, and to place it on the House of Lords? I don't assert that the Lords mean this; for all consequences, tho ever so justly deduc'd, are not to be charg'd as originally intended: Yet since their Designs, as well as their Honors may be hereditary, People will be apt to surmise the worst. ubi supra Nay, they'll be more jealous than ever, after the late repeated attempt of the Peerage Bill, which so justly alarm'd the whole nation; tho all has not been said against it, that may be urg'd, if it should ever appear again on the stage. BUT, with perfect submission to your Honors, I apprehend another consequence, very dangerous indeed both to the King and his Government, from the passing of such a Bill. The hardships I have enumerated, and God knows how many more necessarily resulting from it, cannot but bear extremely hard on the Protestants of Ireland, who (their enemies themselves being Judges) have deserv'd much better usage. Besides their inviolable attachment to the Crown of Great Britain, which is a stronger hold than twice the number of any Army that ever was there; they have in a most distinguishing manner signaliz'd their zeal for the present Royal Family, and in favor of all the Laws made to secure their Succession. No body of Protestants (without envy be it spoken) have been more unanimous in this respect. They were the first that set a Price on the Pretender's head, and this under the most perillous circumstances to themselves, but giving in the mean time a gallant example to others. Surely this was not done, to shake off the dependency of Ireland upon the Crown of Great-Britain. Or does not this conduct, join'd to their vigorous assistance in suppressing the late Rebellions in England and Scotland, for ever destroy all such suggestions? But hinc illæ lachrymæ! Let me not however be mistaken. I shall be the last in the Nation so much as to dream, that any person of good sense or honesty shou'd harbor the thought of alienating from his Majesty, these good, these loyal people; who are most sincere assertors of his Cause, and on whom, in case of need, he may absolutely depend. But as ill men make an ill use of every thing, so tis observed of those without doors, that none express half the ardor for passing this Bill, as they who are disaffected to the King's Title, Person, and Family: a thing very remote from the intention of the Lords. For this reason, the hottest among those wou'd gladly distress his truest Friends, whom they can never forgive: while the cooler sort wou'd be content to separate them from his Interest, as much as they are themselves. Even Indifference in this case (for oppression makes wise men mad) is by all possible means to be prevented; for nothing is truer, than that they who are not for us, are against us: for which, and diverse other considerations, tis hop'd by all true lovers of his Majesty, and especially by those who have the dependency of Ireland on the Crown of Great-Britain really at heart, that you will never give your consent to this Bill. UPON the whole you'll make no difficulty of acknowledging, that there is a vast difference between Ireland's being annext to the Crown of Great-Britain, and being subject to the Lords of Great Britain. These possess already as much power as they can reasonably desire, without any need of grasping at more, to the entire undoing of their innocent neighbors. Nothing shou'd be attempted that might bring about the possibility of a Union of civil interests between the Protestants and Papists of Ireland, whose antipathies and animosities all sound Politicians will ever labor to keep alive. I know certain folks have it much in their mouths, that the Out-provinces of a Government, can never be held under too severe a rein, when the very contrary of this is true. History cannot afford one example, where any Out-province or remote Colony, ever rebell'd against the mother country, or chief seat of Government, but thro insupportable rigor and oppression. Thus Tacitus judiciously observes, that the Roman Commonwealth fell under the power of the Emperors, from the Out-provinces not being longer able to endure the tyranny of the Senate. Cicero does somewhere paint those injustices of the degenerate Senate to the life: nor are we to forget, that the greatest enemies are reconcil'd on such occasions. Tho Cesar for ten years together had been butchering and enslaving the Gauls, yet the miserable remains of that nation gladly follow'd him, to have the satisfaction of repaying Rome in the same coin of rapine and murder. That, in short, will be found true in all Governments, which the Privernates answer'd the Romans, that if they granted 'em good conditions their Union wou'd perpetually hold; but if unjust, it cou'd not be very lasting. In that time of Virtue, this Declaration made 'em thought worthy to become Romans. A MAN or two, who wou'd be thought profoundly wise, whisper about in a very mysterious manner, that this Bill is only a Preliminary to an Union with Ireland on equal terms, as has been not many Years since effected, with relation to North Britain. These are persons us'd to catching of Gudgeons, and so think it will be no difficult task to impose on Irish understandings. But the best-natur'd, that is, the silliest among 'em will be apt to ask, what need of so much ceremony? when the thing, if really intended, may, instead of this Bill, be fairly propos'd, and transacted aboveboard. I say, instead of this Bill, the tenor of which (as the Irish Lords, long before it was broach'd, have, in their Representation, which wirh great strength of argument and fact demonstrated) tends to the altering of a Constitution, which has lasted above five hundred Years; ay, subverting of it, to the no small injury, if not imminent danger, both of the King and his subjects. The Parliament of Ireland is as good as annull'd by it, since the Lords are not only declar'd to have no Judicial power in Civil Causes; but have none expresly reserv'd to them in Criminal Causes, by Impeachments from the Commons. Now, if they are any other than nominal, than mock Lords, and yet are non Judices; will it not be a natural Question to ask, how other Lords come to be Judices? Your Honors, in the mean while, by dropping or rejecting the Bill, neither assert the Judicial power of the Lords there, nor condemn that of the Lords here, but leave things in statu quo; besides that, you'll by this procedure, keep a just curb on ill dispos'd persons: for some men, in that very Kingdom, are known enemies to Parliaments; men in Employments and certain Lawyers, who are strongly inclin'd to be arbitrary, tho pretending to a greater knowledge of Equity than others. These, as a truly great man observes, are averse to Parliaments, for the same reasons that Monasteries and Fryeries desire to be exempted from their Bishops; they wou'd not have an Inspector of their actions so near them. THE Premisses duly consider'd, with other better Reasons, easily furnish'd by your own superior wisdoms, no man can be apprehensive that you will pass the Bill sent down to you by the Lords; or lend a helping hand to increase the power of the Peerage, which in the end, may destroy the Balance of the Legislature, and subject these Nations to an Aristocracy, the natural passage to an Oligarchy, as that is to the Tyranny of one Person, Quod procul a nobis flectat Fortuna gubernans. ornament

Politics

REASONS Most humbly offer'd to the Honorable House of Commons, &c.

Reasons most humbly offered [...] why the bill [...] entitul'd, An Act for the better securing the dependency of the kingdom of Ireland upon the Crown of Great-Britain, shou'd not pass into a law [...]

PolA1731

THERE is nothing more remarkable in the Conduct of the Writers against their Country, than repeating the same Things, and insisting on the same Points, after They have been often confuted and expos'd. There is, perhaps, some little Policy in this manner of Writing, which may prove of Advantage to their Patron. It may serve his Purpose, for want of other Expedients, at a critical Point of Time. It may divert the Attention of the Publick from fresh Inquiries, by engaging their thoughts on the same exploded Topicks. It may give a Cue to his Creatures what is expected from them, and furnish them with Arguments, such as They are, for answering those Expectations and supporting Him in his Measures. This Winter hath been very fruitful of ministerial Apologies. We have had Observations on the Writings of the Craftsman; a Sequel to the Observations; farther Observations; Sedition and Defamation display'd; the Crisis; a Defence of the Measures of the present Administration; and Considerations on the present State of Affairs; besides the weekly Artillery of those regular, standing Troops, the Authors of the London Journal, the Free Briton, the Flying-Post, and their auxiliary the Daily Courant. But as the chief Stress, in Point of Argument, seems to be laid on the Considerations, I shall confine my Remarks to that Piece, though it contains only a confident Repetition of Assertions, which have been often proved false, and of Reasonings upon them, which have been as often refuted. It is, in the main, only a Re-publication of the Enquiry, long since neglected and despised, but newmodell'd indeed, in some Parts, according to the Circumstances of the Times, and accommodated to the present Scheme of Affairs. I shall therefore be very short in my Observations on these Heads. That the Treaty of Vienna , says our Author, was the only Source and Foundation of all the Troubles, that have distracted Europe for some Years past, must be allow'd by all; though He knows very well that This hath long been a Point in Dispute, very strongly controverted; and He cannot be ignorant that, in the general Opinion of Mankind, it hath been determin'd against Those, who advanc'd it. Did He never read John Trot's Letters upon this Subject; or, does He think that no Body else hath read them? Other Reasons may be there found for the Troubles of Europe, especially with Relation to Great Britain, than the Treaty of Vienna; but there is no End of repeating the same Things. I must therefore refer the Reader to those excellent Pieces; and shall only observe, in general, that it is far from being allow'd by all that the Treaty of Vienna was the only Source of all our Troubles, as this Writer asserts; or that the Union of the two Families, which He mentions, was ever design'd; for all the Endeavours of France, England and Holland have not been since able to prevail upon the Emperor to consent to a Measure, which tends most effectually, in the present Circumstances of the two Families, to unite them; I mean to produce a Reunion of their Dominions; but not in the House of Austria, as He supposes; for I take Don Carlos to be a Branch of the House of Bourbon; and therefore if the Contingency, which He mentions, should happen, and the Marriage, with which We have been so often threaten'd, should take Place, the Dominions of Spain and the Empire might be united in that Family. The Assertion of secret Engagements, in the Treaty of Vienna, to deprive us of some of our Possessions and most valuable Privileges of Trade, is likewise repeated by this Writer; though the Course of so many Years as have pass'd since the Conclusion of that Treaty, and even our Reconciliation with Spain have not yet brought any of those Engagements to Light. Did the Design of the Ostend Company proceed from the Treaty of Vienna; or was not that Charter granted long before, upon the Pretension of a natural Right, not alienated by any Treaties? How does it appear that the Demand, which Spain made, of the Restitution of Gibraltar was a Consequence of any Engagement in this Treaty? Hath it not been fully proved, on the contrary, that their Pretensions to this Place, whether just or not, were always founded on a Letter, written by his late Majesty, now publick? How does it appear that the Emperor ever concurred with the Court of Spain in any Design to deprive us of that inestimable Possession; or gave them any Assistance, when They actually besieged it? Lastly, how does it appear that either Spain or the Emperor had concerted any ProLject, in Favour of the Pretender? Did not his Imperial Majesty disown any such Design in the most solemn Manner; and hath not the King of Spain confirm'd his Asseveration, even since their Disunion, by a particular Clause in the Treaty of Seville, in which that Charge is call'd a Pretence only? In short, the Treaty of Vienna, according to my Apprehension, hath never yet been proved to be any Thing more than an Accommodation of Differences between those two Courts, not in the least dangerous to us, after they had thought Themselves very ill used by the Mediators, on whom they relyed. Sending back the Infanta from France was such an Indignity as the Court of Spain must certainly resent; and though our Author is pleas'd to assert that the Conduct of Great Britain gave neither the Emperor nor Spain the least Pretence for a Complaint; I must take the Liberty to contradict Him, and can look upon such an Assertion in no other Light than as a shameless Insult on the common Sense and Knowledge of Mankind; for without insisting on the Refusal of the sole Mediation, hath it not been often urg'd by these Writers Themselves that our Defeat of the Spanish Fleet in the Mediterranean lay still at their Hearts; and hath it not been as often proved that the Conclusion of a private Treaty at Madrid, without the Knowledge of the Emperor, whilst He continued under our Mediation, gave Him some Reason to be offended, and to call our Impartiality a little in Question? As these Reasons have been repeated in all our anniversary Pamphlets, to justify the Expediency of the Treaty of Hanover; so our Author is not ashamed to speak in the same Manner concerning the Accession of other States to this Treaty; though every Body knows that Holland acceded to it, under very large Restrictions; (not to say any Thing of the Peace, which was made for them with the Algerines) and it cannot be forgot that one of the Reasons, urg'd by Count Horn to the States of Sweden for their Accession, was that the Treaty of Hanover did not lay them under so many Obligations as former Treaties; though they had a Subsidy of fifty thousand Pounds a Year, for three Years; both from England and France, as a Consideration for acceding to it. I shall say nothing of the Convention of Denmark; because it does not appear that We paid any Thing for it; and I am at a Loss to think what Reason there can be for any new Convention with that Court, as We have been lately inform'd there is, which may be the Occasion of new Expences to this Nation; but it is plain, from this Account, that the formidable Union of Spain and the Emperor gave these two Courts no Alarm. They took Occasion to make a Penny of it, and were well paid for being ready to muster; that is, They have hitherto received their Money for being Faggots. Let us now see whether the Consequences of the Treaty of Hanover will not justify our Account of these Accessions. It was said, at first, to be a defensive Treaty only; and, indeed, it contain'd no offensive Stipulations, any more than the Treaty of Vienna. Holland would not have enter'd into it, even under the Limitations, upon which she acceded at last, if it had been an offensive Treaty; and neither Holland nor France did any Thing more, than prepare Themselves against Attacks; but England hath been charg'd with acting offensively, by sending two Fleets of Ships of War, one to the West-Indies, and the other to the Mediterranean. The former of These block'd up the Merchant Ships of Spain in their Port and lay in the most unwholsome Climate in the Universe till the Ships were almost destroy'd, and scarce Men enough were left alive to bring them back in that ruinous Condition. The Consequence of This was, that Spain interrupted the British Commerce in all Parts, and plundered our Merchants without any Reprizals; for though the Considerer speaks of Hostilities between the Crown of England and of Spain, I do not remember any Hostilities that We have been guilty of towards Them, since the blocking up their Galleons. The War between Us and Spain seems to have been carried on in much the same Manner with That, mentioned in Terence, nunquam vidi iniquius Certationem comparatam, quam hæc hodie inter nos fuit. Ego vapulando, Ille verberando, usque ambo defessi sumus. In the mean Time, France and Holland were permitted to carry on their Trade, without Molestation; as They suffer'd the Spaniards, in Return, to besiege Gibraltar, without furnishing any Quota of Men, Ships, or Money, for the Defence of it; and indeed England, being thus charg'd with beginning Hostilities, was in a manner left without any Ally; engaged by the Treaty of Hanover to assist the other contracting Parties, in case They had been attack'd; but not intitled to their Assistance, when her own Possessions were attack'd; because she stood charg'd with being the Aggressor. How this Step was understood by Spain, appears from the Marquis de Pozzobueno's See Rousset's Collection, Tom. 3. p. 368. Letter to the Duke of Newcastle, the 1st of January, 1726-7; and surely, it could never be imagin'd that any other Interpretation could be given to such a Measure! The Considerer having laid it down as an Axiom, which must be allow'd by all, and supported by undoubted Evidences in Facts, as He speaks in another Place, that the Treaty of Vienna made Counter-Allyances necessary on our Part, proceeds to shew that an Allyance with France was the most proper Allyance in this Cafe. He allows, indeed, that an Allyance with Holland, whose Interests in most Respects is inseparable from That of England, was certainly the most natural and obvious on this Occasion; but, it seems, the Constitution of that Republick makes it almost impossible to keep a Negotiation secret there. Now, I cannot see any Reason why a Negotiation may not be kept as secret there as in any other Court. I confess, indeed, that when a Negotiation is form'd into a Treaty, it cannot be kept secret; because it must be brought before the States for their Consent; and I should be glad to know what good Purpose it can serve to keep any Treaty secret, after it is once concluded. I am sure, such clandestine Treaties have serv'd many a bad Purpose in our own Memory. Another Reason, given by our Author, for not treating with Holland, upon this Occasion, is that We are farther remov'd from any sudden Resentment; and therefore it was thought the most adviseable Step, for the common good of both Nations, that England should first strengthen herself by an Allyance with some other considerable Powers, whose Interest it is to check the Imperial Power; and as the Opposition between the Emperor and France must be constant in all Junctures and Events, and Allyance with France was certainly the most natural Allyance England could have, in this Case. I have put the Author's Argument in its full Strength, as He hath stated it, that He may have no Reason to complain of Misrepresentation; and I will leave the World to judge whether it can do his Cause any Service; for if England is farther remov'd from the Effects of any sudden Resentment, why should she be the first to provide against Danger, and to strengthen Herself with any Allyances? Why did not France lead the Way; since the Consequences of the Vienna Treaty were so formidable to that Crown? Or what Danger could We apprehend from that Treaty, when the Opposition of France to the Emperor was so certain, and the Interest of Holland made it so necessary for Her to court our Allyance, without any private Restriction, or preliminary Services? May it not likewise be ask'd, whether there is not as constant a Jealousy and secret Rivalship between France and England, as between France and the Emperor? The Considerer seems to allow that France abstractedly hath no great Concern for the Rights and Possessions of Great-Britain; but then We are told that the Union of Spain and the Emperor, which must create the greatest Alarm and Uneasiness to France, would keep her faithful to her Engagements in Point of Interest, as long as that Union subsisted. If so, was it our Interest to dissolve that Union; or can We rely on the Fidelity of France with the same Confidence, after the Cause of her Apprehensions, by the Dissolution of the Vienna Treaty, is remov'd? May not this Separation of Spain and the Emperor be follow'd by a new Union between France and Spain, more formidable to Us than That, which We have dissolv'd? Or, may it not be ask'd, why We converted the defensive Treaty of Hanover, which was so wisely projected for the Peace of Europe, and the Interest of Great-Britain, into the offensive Treaty of Seville? For the Stipulation of Spanish Troops, in Contravention to the Quadruple Allyance, is certainly an offensive Stipulation, whether it should be ever executed or not; and We see that it hath already put Europe in Arms. Yet this Separation of the two Courts, of Vienna and Madrid, hath been extoll'd as the greatest Master-piece of Politicks that any Minister ever performed; though one would think it did not require any extraordinary Address to dissolve an Union between two Crowns, which hath been so often represented unnatural and unaccountable in the very Foundation of it. Did not the Emperor's Ministers shew more Dexterity in cultivating such an Union; the same Ministers, who likewise found Means to detach the King of Prussia from the Hanover Allyance; though the Interest of the two Families of Brandenburg and Austria were incompatible? But this Author, it seems, is of another Opinion; and We are given to understand that nobody but a Machiavel could have negotiated Spain into such a Temper, as to abandon intirely the Imperial Court; to quit her vast Expectations from thence; and to enter into a strict Union with the Hanover Allies. Pray, Sir, what vast Expectations do you mean? The great Advantages of the Vienna Treaty were formerly supposed to lye on the Side of the Emperor; and if Spain had any Expectations of establishing the Succession of Don Carlos by an Union with the Emperor, They found Themselves disappointed; for as beneficial as this Allyance was to Him, He would never consent to that Succession, upon their Terms. Nay, if We may believe the Considerer, Spain was so far from having any reasonable Expectations of this Nature, that one Design of the Vienna Treaty was to defeat the Succession of Don Carlos. As This is a very extraordinary Argument, in Justification of the Treaty of Seville, I will quote it at length. The Conduct of the Emperor, in endeavouring to delay and disappoint the Introduction of neutral Garrisons and the Succession of Don Carlos; and the Steps taken with That View, in the Vienna Treaty, without the Consent of England and France, contracting Parties to the Quadruple Alliance, sufficiently justified England and France in making this Variation, without the Consent of the Emperor. Is it not very surprizing that Spain should pay so dear for a Treaty, which was calculated to disappoint her most favourite View? Is it not very mysterious that in a Treaty, which was projected with a Design of uniting the two Families by Marriages, and laying the Foundation of an universal Monarchy in Europe, any Steps should be taken to defeat the Succession of a Prince, in whose Person this formidable Conjunction of Dominions was to take Place? If This was one of the Designs of the Vienna Treaty, it must indeed be confessed a very unaccountable Allyance; and the Merit of having dissolv'd it will be greatly diminish'd. Neither can We wonder at the Conduct of the Emperor in this Case; for how can We think it strange that He should endeavour to defeat the Succession of Don Carlos, by the Introduction of Spanish Troops into Italy, when Spain herself had concurred in taking Steps, with that View, in the Treaty of Vienna? But the Author must have certainly been half asleep and nodding over his Treaties, when He let such Stuff fall from his Pen. I shall therefore consider this Affair a little farther, as if no such egregious Blunder had been committed. At the Time of making the Hanover Treaty, the Emperor's Conduct, with respect to the Succession of Don Carlos, was not thought a sufficient Reason for violating that Part of the Quadruple Allyance, which related to it. The Proposition of 6000 Spaniards, instead of 6000 Neutrals, seems to have been disapproved by England at the Congress of Soissons; and never relish'd, till some short Time before it was made a Stipulation of the Seville Treaty; that is, some Time before the Meeting of Parliament, last Year. The Consent of the Empire was obtain'd, and the Letters expectative deliver'd before the Differences between the Empire and Spain were adjusted; so that the Emperor had made all his Engagements good; and Spain ought to have call'd on the Neutral Powers, who were to garrison the Places, at their own Expence, to perform their Engagements, as well as the Emperor. None of the Parties seem'd to think that there had been any affected Delay at Vienna in that Matter; but though the Quadruple Treaty says that 6000 Neutrals are to be introduc'd, it does not say when. The Consent of the Duke of Tuscany was sought; whether ever obtain'd, I know not; but in the Year 1723, (Octob. 25,) He protested, by a solemn Act at Cambray, against the Stipulations of the Quadruple Allyance, relating to his Dominions; which Rousset, Tom IV. p. 146. Act was repeated and confirm'd the 26th of January following. Spain never liked this Stipulation; and before and at the Congress of Cambray desired 6000 Spaniards; but the French, at that Time, did not care to risque and Accession of Power to the Crown of Spain, any more than the English. Both apprehended the King of Spain, at that Time, to have a Design of setting aside the Renunciations, founded on the Treaty of Utrecht, and of uniting France and Spain. The Persons in Power, in France since the Duke of Bourbon's Removal, have been thought to wish for such an Union; but as the French King hath Sons, those Designs must be laid aside; and as France hath now no Reason to fear such an Accession of Power as Tuscany would be to the Crown of Spain, it is her Interest to promote the Introduction of Spanish Troops; which may oblige the Emperor to keep a greater Body of Forces than formerly in Italy; by which Means France will meet with less Opposition, if ever They attack Him in Germany; as Spain will have a favourable Opportunity of enlarging their Territories in Italy; and This will be a Foundation of Friendship between those Crowns. The Queen of Spain could not have desir'd the Change from neutral to Spanish Troops, but upon the Hopes that her Son may be King of Spain; the Prince of Asturias being very sickly and not likely to have Children. It is said that France and England are Guaranties for the Emperor's Dominions in Italy against any Encroachments, which Spain may attempt to make upon them. I answer, that the Purposes of the Quadruple Allyance would have been effectually secur'd by neutral Troops; but it is extremely probable that the Introduction of Spaniards will be follow'd by Invasions on the Emperor's Dominions; for though the Introduction of only 6000 Spaniards is stipulated, yet if They are put in Possession of Leghorn, They may admit as many more as They please by the Help of their Fleet, which is large enough for that Purpose, and will be as good as a Bridge between Italy and Spain. In this Case, France will not be very forward, to execute their Engagements of Guaranty in the Emperor's behalf; and if England does, she must lose her Trade to Spain and to Leghorn. If France should think fit to quarrel with the Emperor, she will encourage Spain to invade his Italian Dominions; and when the Emperor complains of it, They will, without much Difficulty (according to the modern Way of interpreting the Obligations of Treaties) find out some Act or other of the Emperor, which They will alledge as a Reason for his having forfeited a Right to that Guaranty. But surely Princes should endeavour to concert their Treaties in such a Manner, that there may be Reason to hope their Guaranty will not be wanted, and not so as to be almost sure that it will! In this latter Case, a Foundation is laid for a War; and as it will be the Interest both of France and England not to quarrel too easily with Spain, on Account of the Benefits of trading with Them; so the Emperor will not trust very readily to their Guaranty. The Quadruple Allyance directed that when Don Carlos was in Possession, Spain should yield up to Him Porto Longone, which is now in the Hands of that Crown. The Reason of This was, that They might have no Place to land Troops at, to disturb him at their Pleasure. I don't remember that the Seville Treaty takes any Notice of This. How can this Author say, p. 40. that the Introduction of Spaniards was necessary for the effectual Security of that Sucession? The Treaty of Seville it self expresses an Apprehension of Danger to that Sucession from Spanish Troops; and stipulates that when Don Carlos is in quiet Possession, those Troops shall withdraw; that thereby it may be secure from all Events. The Provisions, in the Quadruple Allyance, against the Introduction of Spaniards, are founded on the same Apprehension; and though the Treaty of Seville says that They shall withdraw, when Don Carlos is in quiet Possession; yet who is to be Judge when that Possession may be said to be quiet and free from Danger of being disturb'd? Will not the King of Spain take the Decision of that Question upon himself, and give his Troops Orders to keep Possession of those Dominions, if He finds it his Interest? It cannot surely be doubted whether 6000 Neutrals are more proper for the effectual Security of that Succession than 6000 Spaniards, unless upon the Supposition that Don Carlos should be King of Spain, with which Crown the Possession of these Dominions was made incompatible by the Quadruple Allyance. Neutral Troops would oppose all Attempts from the Emperor, or from Spain in Prejudice of this Succession; and Time and Experience have fully shewn that they may be more readily introduc'd; the Emperor having long since declared that He is willing to consent to their Introduction, and that he will not consent to the Introduction of Spaniards. But if the Emperor's Conduct justifies the Measures of the Seville Allies, what have the States of the Empire done to deserve this Treatment? Why should the Parties to the Quadruple Allyance engage, by the Treaty of Seville, to introduce Spanish Garrisons into their Fiefs, without their Consent, when the same Parties have declared that the Dominions in question cannot be dispos'd of without their Consent; nay, have engaged Themselves in a Guaranty of this very Provision? If the Emperor consents to this Variation, as it is call'd, without their Concurrence, He will involve Himself in the Guilt of violating the Oath, taken at his Election, and be liable to the divested of the Imperial Dignity. The Imperial Ministers have declar'd This in very strong Terms in a Paper, handed about at Ratisbon, in answer to another Paper, said to have been written by Monsieur de Chavigny, the French Minister there; and in that Paper They assert that, by a secret Article of the Treaty of Madrid, in 1721, between France, Spain and England, the Introduction of Spanish Troops was stipulated. If This is true, it is very astonishing; and I hope the Considerer will allow that it might give the Emperor some little Pretence to complain of our Conduct, whilst He looked upon us as his Friend, and We were acting the Part of a Mediator. But certain it is that, in the Year 1721, a defensive Treaty was made between those three Powers (besides the Treaty of Commerce between Spain and England) and the Number of Troops to be furnish'd by each was specify'd. This Treaty was carry'd on so privately, that neither Count Windisgratz, nor Baron Pentenrieder were able to penetrate into the Secret of it. This Treaty is printed in Rousset, (Tom. 4. p. 101.) though a certain Gentleman asserted that the Treaty of 1721 was only a Treaty of Commerce, at which the Emperor could take no Offence. It is said expressly in that Paper, agreeably to what was always said by the Publick, that the Plan of the Quadruple Allyance was settled by France and England, and by Them sent to Vienna; and that these two Powers offer'd Sicily to the Emperor, before Tuscany and Parma were brought into Question; and indeed there are not any Words, in the Quadruple Allyance, which can lead one to imagine that Sicily was the Equivalent given to the Emperor for the Successions of Tuscany and Parma. If the present Scheme of Negotiations is to bring the Emperor into the Treaty of Seville, in Case the States of the Empire will consent to the Introduction of Spanish Troops, and to promise his Endeavours to obtain their Consent, Affairs will be in a worse Situation than they were in at the Time of the Quadruple Allyance; and if the Emperor should be secure against any Danger from the Turks, He would certainly do what lies in his Power to prevent them from giving their Consent. Thus stands our Case at present, and such are the Consequences of the happy Conclusion of the Treaty of Seville; which our Author calls, in several Places, a perfect and absolute Peace with Spain; though He drops an Observation, in one Place, that a War in Italy (which is the natural Consequence of this Treaty, unless prevented by some lucky Incident) must affect the whole Confederacy on each Side; that is, involve all Europe in a War. He tells us likewise that, by this absolute Peace with Spain, all our Rights, Privileges and Possessions are renew'd and confirm'd; reasonable Stipulations are made for Reparations of past Damages; and the strongest Obligations given for putting our Trade on the Foot of former Treaties. Such gross Assertions as These, the dull Crambe repetita of every Court Scribbler, require no Answer. They deserve only our Contempt. I shall therefore pass over all his trite Panegyrick on prudent and steady Measures; (which He afterwards calls, somewhat more properly, an Appearance of Steadiness and Force;) successful Negotiations; unwillingness to put the Nation to an extraordinary Expence, by any unnecessary Precautions; the happy Effects of the Treaty of Hanover; and the happy Conclusion of the Treaty of Seville! I will not, I say, endeavour to rob any Persons of the secret Pleasure and Gratification, which such Incense may give them. But as this whole Deduction of Arguments is evidently made to recommend the Continuance of twelve Thousand Hessian Troops in our Pay; I will consider that Affair, as it deserves, in a manner partly serious and partly ludicrous; for though the Case of these Troops is become a Point of very sober Consequence to Great-Britain; yet the Reasoning of this Author, in their Behalf, is so ridiculous, that it is impossible for the gravest Man to preserve his Temper, and forbear bursting out, now and them, into a Fit of Laughter. In order to obviate the Clamours industriously raised against the Hessian Troops, which this Nation hath of late Years, been oblig'd to maintain, (for I shall not enter into any Debate, at present, concerning the Number of our Forces at home) He engages to prove that They were first taken into our Pay, and since continued, in Consequence of Treaties, made for the Interest of Great-Britain, and the Preservation of the Peace and Ballance of Europe, independent of any other Interest and Consideration whatsoever. If He had succeeded in this Undertaking, it would have saved me the Trouble of any Remarks; but I think it demonstrable that He hath not brought one tolerable Argument to support his Proposition. That the Hessian Troops were taken into our Pay, in Consequence of Treaties, I shall not deny. Whether those Treaties were made solely for the Interest of Great Britain, and the Preservation of the Peace and Ballance of Europe; appears in some Measure already by the happy Effects of them, and my preceding Observations. But let us now examine a little more particularly how the Interest of Great Britain, as well as the Peace and Ballance of Europe, makes the Continuation of this great Expence necessary to us. The Considerer tells us, that immediately after the Conclusion of the Treaty of Hanover, the Consequences of the Vienna Treaty began to shew themselves openly, and obliged his late Majesty to apply to his Parliament for extraordinary Assistance; which was agreed to, says he, by an Address of the House of Commons, on the 25th of March, 1726, who desired Him "not only to encrease his Number of Seamen, but to concert such other Measures as would best conduce to the Security of the Trade and Navigation of this Kingdom and the Preservation of the Peace of Europe; with Assurances that They would effectually make good All Such Expences and Engagements, as should be made for obtaining those great and desireable Ends A most ample Vote of Credit indeed! I hope it is not quoted by Way of Precedent, or to prepare the Nation for one of the same Nature this Year. At this Juncture, says the Considerer, and in Consequence of the Measures, concerted between his Majesty and his Allies, the late King agreed with the Landgrave of Hesse Cassel for a Body of twelve thousand Hessians, to be ready to march for his Majesty's Service upon Demand. We are told that France likewise increas'd their Forces very considerably, for the Sake of the common Cause; and that the Dutch, having acceded to the Treaty of Hanover, immediately proceeded to an Augmentation of their Troops; requiring at the same Time that England and France would have their respective Quotas of twelve thousand Men in readiness and at Hand for the Defence of the Republick, in Case of an immediate Attack; which They had more Reason to apprehend than any of the Allies, on Account of their Situation, with Respect to the Imperial Garrisons in the low Countries, on one Side, and their being exposed, on the other, to the Forces of the King of Prussia, who had been lately gained by the Emperor From hence it appears very plainly that England need not have courted Holland into an Allyance, which was so necessary to her Defence against immediate Attacks, whilst England was far removed from the Danger; and I have shewn before that France was still more concern'd in Point of particular Interest, to oppose the Designs of the Vienna Treaty; though I hope it will prove at last, that she had some Regard to the common Cause in the Augmentation of her Forces; but it is certain, from this very State of the Case, that England, being thus remotely concern'd in the Consequences of that Treaty might have hold a slower Pace and involv'd her self in fewer Inconveniences than she hath felt, as well as procur'd more Advantages than she hath gain'd But let us hear the Considerer a little farther. This equitable Demand, says He, on the Part of the States could hardly have been answer'd by the King, if He had rais'd no Troops but in England. Why? Because the Dutch, it seems, are too well acquainted with the Accidents of the Sea, and the Difficulties and Delays, which attend the Transporting great Bodies of Troops, to depend upon such Help in a Case, which if it happen'd at all, would be sudden and too quick to be withstood by slow Movements. Therefore it is necessary to keep twelve thousand foreign Troops in constant Readiness, at the Expence of Great-Britain, to march to their Assistance. This is surely one of the most frivolous Arguments that was ever advanc'd in a Point of such Consequence. Will any Man, except this Author, pretend to say, that the Accidents of the Sea, and the Difficulties of transporting Troops from England to Holland, are a sufficient Reason for the Expence of maintaining such a Body of foreign Troops? What Power could intercept them? France was an original Ally in the Treaty of Hanover; and surely Spain was not able to cope with the Fleets of England and Holland! Nothing therefore but the common Accidents of the Sea could interrupt our Succours; and are We to avoid them, by such a constant Burthen of Expence, as a Land Tax of six Pence in the Pound, and, what is still worse, carried out of the Kingdom? But even allowing That to be true, against the Evidence of common Sense, will it be said that these Troops are the most properly plac'd for this Purpose in case of Need? Can We suppose that the Landgrave of Hesse would leave his own Dominions in a defenceless Condition, in case of any sudden Attempt from the Vienna Allies, and march immediately to the Assistance of Holland? Or, even supposing Him so honourably regardless of his own Safety, as to run any Hazards in the Execution of his Engagements; might not the March of these Troops into Holland be attended with many more Accidents, Difficulties and Delays, than the Transportation of Succours from England ? But there is another Consideration, which renders this Argument still more ridiculous. The Considerer seems to allude to the Case of Embden, when He speaks of our Obligations to support Holland against the Attacks of the King of Prussia; whereas the Troops of Hesse Cassel can never be employ'd to assist the Dutch to protect that Place against the Execution of a Decree of the Aulick Council. It appears from the Papers in Rousset (Tom. 4.) that the States of Holland don't pretend to dispute the Authority of that Court of Justice. They only sollicited the Court of Vienna to suspend the Execution of that Decree, in hopes that Matters might be amicably made up between the Prince and the States of East Friesland. They exhorted the Prince to desist from the Rigour of that Decree in his Favour, and say that They are interested in the Consequence of the Execution of it, as it may be the Expulsion of their Garrison, which They have kept there 120 Years, to secure the Observation of Conventions between the Prince and States of East Friesland. They say likewise that the Money lent by their Subjects to the States of East Friesland will be in Danger of being lost, if the Form of Government, establish'd in that Country, should be chang'd; and farther, They have always desired their Allies to support their Instances at the Court of Vienna for the Mitigation of this Decree. They at length say (July 9, 1728.) that They hope the Allies will consider This as Casus Fœderis. They desire it may be carried to the Congress. Count Zinzendorf denies it to be a Matter, that can be considered there, because the Decree of the Aulick Council regarded only the Administration of Justice in the Empire. When France was call'd upon to back the Instances of the States at Vienna, she said that she would, from Affection for their Interests; insinuating that she was not oblig'd. Let any one therefore judge whether in a Matter, thus circumstanc'd, and thus thought of by one of the Allies of Hanover, a Prince of the Empire would run the Hazard of being put to the Ban of the Empire for opposing, by his Troops, the Execution of a Decree of a Court of Justice of the Empire. See Rousset, Tom. 4. p. 498, &c. Nor can these Troops, or the Troops of Hanover (which are said likewise to be considerably augmented upon the Hanover Treaty) be employ'd, for the same Reason, to make a Diversion in Germany, by attacking the Emperor's hereditary Dominion, or otherwise acting offensively in the Empire, without offending against the Laws of the Empire. The Elector of Hanover, and the Landgrave of Hesse Cassel are oblig'd, as Members of the Germanick Body, to assist the Emperor to protect the Rights and Privileges of the Empire, when invaded by any Attempts to introduce Troops into their Fiefs without their Consent; which Consent the contracting Parties to the Seville Treaty have declar'd, by the Treaty of Quadruple Allyance, to be necessary; and unless there is some other Treaty besides That sign'd by Lord Townshend and General Diemar (for That refers only to the Case of the Hanover Treaty) there can arise no Case upon the Seville Treaty, which will oblige those Troops to act either offensively or defensively. Our Author proceeds in the following sagacious Manner. But here, perhaps, it will be ask'd what hath Great-Britain to do with this String of foreign Troops? What have We to apprehend from the Forces of Prussia, Moscovy, or the Emperor? What Good can the Swedes, the Danes, the Hessians, or the Hanoverians do us? Aye, what indeed? Our Author would do well to give a better Answer to these Queries. But He goes on with the same judicious Observations. It was our Business to lie by; to wait; and see the Consequences and Events of the Vienna Treaty, and to take our Measures accordingly, at a proper Season. No Doubt on't, Mr. Considerer; but you seem to think that you have cut us quite down in what follows. It would be unfair therefore not to quote it. This indeed, say you, would have been a prudent Step, if the Terms of the Vienna Treaty, and the Measures taken, and the Forces rais'd in Consequence of it, by the contracting Parties, had not been directly levell'd at the Interest of GreatBritain. This would be a very plausible Doctrine, if the Possessions of Gibraltar and Port-Mahon; if the Trade to Italy and Spain, to the East and West-Indies, and the Baltick; if the Ballance of Europe, and the present, happy Establishment were become indifferent Things to this Nation; as indeed, one would think, They were, especially the last, by the weekly licentious Writings of some Gentlemen, who would be thought to be Men of no little Consequence. I have but a single Objection to all this Vein of shrewd Reasoning; which is, that every one of the Points, mention'd by the Author, remains to be prov'd, as I have observ'd before; and if They cannot be proved, He plainly owns the Folly of our Conduct. As to the last Point, I shall have Occasion to consider that Charge in another Place; and will only observe, at present, that those Gentlemen, to whom He alludes, cannot have discover'd a greater Indifference to the present, happy Establishment, in their weekly, licentious Writings, than some other Gentlemen have discover'd, by their extraordinary Measures, to the Trade of this Kingdom and the Ballance of Europe; the former of which is, I am afraid, too manifestly negotiated into French Hands, and the latter very much impair'd, in its most beneficial Branches, by some late wise Treaties. Having given us these exquisite Reasons for taking the Hessian Troops into our Pay, He produces a Muster-Roll of the Forces on both Sides, as They stood in the Year 1727; which I shall draw up in opposite Columns, or (to use the Author's Words) in Battle Array, against each other. To Hanover Allyance. To Vienna Allyance. Land Forces. Land Forces. English, 26,000. Imperial, 227,000. French, 160,000. Prussian, 70,000. Dutch, 50,000. Spanish, 60,000. Hanoverians, 22,000. Muscovite, 30,000, Danes, 24,000. Hessians, 12,000. Swedes, 10,000. Sum total 304,000. Sum total 387,000, Deduct 304,000. To Ballance. 83,000. I wonder the Considerer, when He was giving us a List of the confederate Forces, (as He expresses it) on both Sides, should forget our great Ally, the Duke of Wolfenbuttle; who enter'd into a Guaranty of all the British Dominions; and stipulated, I think, to furnish a Body of 5000 Men, in Case of need; but perhaps, He consider'd the secret Articles of that Allyance; by which it is provided that these Troops are not to move out of Germany in our Defence. Let us therefore return to the State of two Allyances of Hanover and Vienna, as They stood in the Year 1727; upon which our Author makes the following Remark. Thus Matters stood in 1727, when almost all the Powers of Europe were, directly or indirectly, engaged and ranged on the Side of the Treaty of Vienna or Hanover. I hope He will give me Leave to add my Opinion that this Arrangement of the Forces, in regular Battalia, on both Sides, shews the busy Genius of some Gentlemen, who have taken great Pains to arm all Europe, at the Expence of their own Country; and if They should be able to disarm it again, at an equal Expence, what other Merit will They have, than That of conjuring down a Spirit of their own raising? But the Reader will perceive that the Considerer grows quite ludicrous, towards the latter End of his Performance; and the Laugh would be justly turn'd upon us, if We should enter into a grave Confutation of his Arguments. He seems to insunate, by this List of the Forces on both Sides, that instead of 12,000 Hessians our excellent Ministers ought to have demanded 83,000; and that it is owing to their extreme Moderation, that the desireable Work of a Peace hath not been yet accomplished; for, according to the Rule of Three, if 12,000 Hessians can procure us a Peace in five Years, 83,000 Hessians would have done it in about the seventh Part of that Time. To shew that the Hanover Allies went on, Hand in Hand together, He tells us that the Dutch not only augmented their Land Forces, but had likewise made Preparations to fit out eighteen Men of War. Nay, He might have added that They actually shew'd out a Fleet, at Spithead, for several Months together; and though it might not, perhaps, be victuall'd and provided for any farther Voyage; yet it must be confess'd to be an Appearance of Steadiness and Force, at least; and considering the great Advantages, which England hath reap'd from the Hanover Allyance, it may be put in Ballance against the several great Squadrons, which she hath been at the Expence of sending to all Parts of the World. As to the French, the same Author tells us that They had got every Thing ready for taking the Field. The only Question was Where They should take the Field; and at last a very wise Thought jump'd into the Head of a certain Gentleman, viz. to whose Advantage the Events even of a successful War might turn; which hath hitherto prevented them from taking the Field any where. However, this equal Co-operation of the Hanover Allies, with our Hessian Auxiliaries, made the Emperor look about Him, and consent to a Plan of Preliminaries; which would certainly have produc'd an absolute Peace, long before the Treaty of Seville effected it; had not Spain been provok'd at these Steps, taken without her Approbation, and entertain'd some small Hopes of Disturbances in England, on Account of the late King's Death. It may be ask'd, perhaps, what Hopes, of this Nature, Spain could possibly entertain upon his present Majesty's Accession to the Throne with the general Acclamations of all Parties? I answer, from the Change of the Ministry; which would have occasion'd Disturbances, no Doubt, of the utmost Consequence to all Europe. However, these separate Negotiations with the Emperor (which his Ministers were artfully drawn into) gave such Umbrage to Spain, that They likewise came into separate Negotiations with us and concluded that absolute Peace, call'd the Treaty of Seville, which gave the Emperor Umbrage, in his Turn; and This is the Foot, which We stand upon at present. Here the Considerer asks another wise Question; or, which is much the same Thing, puts it into the Mouth of an Adversary. But of what Use, says He, can the Hessians be for the Execution of the Treaty of Seville; and particularly for the Introduction of Spanish Garrisons into Tuscany and Parma? In Answer to This, the Considerer gives us many weighty Arguments, to shew that these Troops are of the utmost Use, not only upon this Occasion, but likewise upon all Occasions, that can possibly happen in Europe. In order to set this Matter in the clearest Light, I must desire the Reader to recollect that it appears by the Account of the two Allyances, as it stood when Spain and the Emperor were together, that the Land Forces on the Vienna Side over-ballanc'd Those of the Hanover Allies by 83,000 Men; but the Forces of Spain, (viz. 60,000) being taken from one Side and plac'd to the other, will make the Confederates of Hanover more numerous than Those of Vienna by 37,000; from whence it may be inferr'd, perhaps, that there is not so great a Necessity of the 12000 Hessians; which would be true, if it were fix'd on which Side the Hessians are to be; but as it is yet impossible to know which of the two Powers (Spain or the Emperor) will be most refractory; and as Care must be always taken of the Ballance of Europe; it follows, according to this Gentleman's incomparable Reasoning, that there will always be a Necessity of keeping up the Hessians, whether the Emperor or Spain stands out, or both, in order to maintain the Ballance of Europe. In short, I cannot compare the Author's Reasoning, in this most excellent Dissertation, to any Thing, but a strong Chain, consisting of several Links; each of which, as it is infrangible in its self, so is it inseparable from any of the rest. It is necessary therefore to lay it out at its full Length, in order to form a true Judgment of it, and then observe how the whole is connected for the Interest of Great Britain. In demonstrating the Necessity of keeping up the Hessians, the Author proceeds in the following Manner; and the first Joint of his Sorites, or Rat's Tail, is a Postulatum, which nobody must deny, viz. From whence it follows that it is a most abominable Practice to talk of the Debts of the Nation, and sending Money abroad to pay foreign Troops in a Point of such publick Utility as the Hessians. The Hessians! who are the Triarii of Great Britain; her last Resort in all Cases, both in Peace and War; both at Home and Abroad; howsoever ally'd, or wheresoever distress'd! But we must now be a little serious again; for the Subject requires it, though not the Author of his Manner of Reasoning. Although this Deduction, says He, is gone into so great a Length; yet it seems necessary, before I conclude, to remove some Insinuations, industriously spread against the Hessian Troops; as if they were not hired, or continued in our Pay, for the Sake and Interest of Great Britain. I think the Author Himself hath pretty plainly confirm'd the Truth of such Insinuations; but He prudently lays them to the Charge of the Enemies of the Government; (that is of the Ministry;) who are, in a Manner, defy'd to produce one Reason or Fact, during the Negotiations and Transactions of so many Years, to shew the Probability of such an Imputation; and if the Author is rightly inform'd, not one Word had pass'd for some Years, before the Conclusion of the Treaty of Vienna, about Bremen and Verhden. Though I am no Enemy of the Government, I very much suspect the Truth of this Information, and think myself able to prove the Falshood of it; but as I have not Room to enter into such a Deduction, at present, I shall content myself with presenting the Considerer with a Passage out of the Works of one of his Fellow-Labourers in the Ministry; by Name Francis Walsingham, Esq; who, in Order to shew the superior Fidelity of the French to the Germans, gave us the following judicious Intimation, in his Free Briton of Thursday November the 26th, 1730, No. 52; Had the antient Proverb of German Faith been infallible, a certain great Prince had granted an Investiture; which He once solemnly promised, on a very valuable Consideration; nor would He have expected a Million Sterling, as a refreshing Fee. I do not quote this low Fellow, by Way of Authority, but only for the Sake of Information; for as contemptible a Writer as He is in Himself, He sometimes blabs out Secrets, which are intrusted to Him, in Confidence, by his Pay-master. I wish therefore He would let us know, who this certain Prince is, what Investiture He means; what valuable Consideration was paid for it; and from Whom that Prince hath expected a Million Sterling, as a refreshing Fee The Resolution of these Questions might, perhaps, clear up the Dispute, whether Sicily was granted as an Equivalent to the Emperor for his Consent to the Disposition of the Italian Dominions, in Favour of Don Carlos. The Votes of Parliament, which the Author quotes in Justification of the Hessians, and for the Support of his Majesty's foreign Dominions, are very little to the Purpose; because what is prudent at one Time may not be prudent at all Times. Besides, I presume, this Author will not insist upon a Vote of Parliament as an unanswerable Argument in it self for the Wisdom, or Reasonableness of any Measure. The Defeat of the Spanish Fleet in the Mediterranean, if I mistake not, was voted by Parliament a wise and just Action; and yet our Ministers seem to have quite different Sentiments of it, at present. The Considerer puts the Dominions of Hanover upon the same Foot with all other Dominions in Allyance with us; and from thenc argues that they have an equal Right to our Protection; especially if they were attack'd out of Resentment for his Majesty's Conduct as King of Great Britain. But, even supposing This to be the Case, are they not a Weight upon the Strength of England? Are they not a constant Pledge, as it were, in the Emperor's Hands; which may tempt Him, at any Time, to insist upon high Terms? Or would it be in his Power to molest us at all, if it were not for these Dominions? The Author speaks out at last, and tells us very plainly that though there is no formal Allyance between Great Britain and Hanover (the Quality of King and Elector residing in the same Person) yet the Union between the two Governments, and the Obligations of mutual Defence and Guaranty are as strongly and necessarily imply'd, as the most formal Treaties and Conventions could possibly make them. What Union of the two Governments can the Author possibly mean? Though We have the Happiness of living under the same Prince, I thank God, We do not live under the same Form of Government. Ours is limited; theirs is absolute; and whilst this Difference subsists, there can be no Union between them. But if the Obligations of mutual Defence and Guaranty are as strongly and necessarily imply'd as the most formal Treaties and Conventions could possibly make them; I should be glad to be inform'd what Effect that excellent Provision in the Act of Settlement can ever have, which was made to secure us from the Danger and Expence of Wars, on Account of any Dominions, not belonging to the Imperial Crown of these Kingdoms. The single Question is (as our Author states it Himself) whether the Continuance of the Hessian Troops, in the Pay of Great Britain, be for the Honour and Interest of the King and this Kingdom; which, I hope, hath been fairly examined in the preceding Pages. The only Observation, that I shall make farther, is, that though our Author desires this Controversy may be confin'd to the true Merits of the Question, without any Misrepresentations; yet He concludes with the basest Reflection on those Gentlemen, who differ from Him in this Measure, as Persons, who are really grieved, not that We have any Thing to do with Hanover Dominions, but that We have any Thing to do with the Elector of Hanover. As infamous as the Design of this Reflection is, I will venture to say there are multitudes of Persons, in this Kingdom, zealously affected to the Elector of Hanover, who heartily wish that We had nothing to do with the Hanover Dominions; but We must always expect these mean Arts from Men, who want better Arguments; for as no Bishop, no King was the Cant-Expression of one Reign; it is now turn'd into no Wle, no House of Hanover! But We trust in his Majesty's Wisdom, that He will not only separate the Royal Character from the Minister, but likewise consider Himself in a double Capacity, as King of Great Britain and Elector of Hanover. He will have the Goodness to excuse the laudable Partiality of Englishmen towards their own Country, and not make the Case of Twelve Thousand Hessians (which They may apprehend to be an useless Burthen upon them) the only Criterion of Loyalty to his Person and Affection to his Government.

Politics

THE CASE OF THE HESSIAN Forces, In the PAY of GREAT-BRITAIN, &c.

The case of the Hessian forces [...]

PolB1648

MY last to your Eminence was but short, in regard I had been but a short time in this Countrey, I have now made a longer sojourn here, and taken a leisurely information of all matters; therefore I shal give your Eminence an account proportionably: For by conversation with the most indifferent, and intelligenc'd men, and by communication with the Ambassadors here resident, I have taken some paines to pump out the truth of things. I find, that angry star, which hath lowr'd so long upon Europe in generall, hath been as predominant, and cast as direfull aspects upon this poor Iland, as upon any other part: Truly, my Lord, in all probability this people have pass'd the Meridian of their happinesse, and begin to decline extreamly, as well in Repute abroad, as also in the common notions of Religion, and indeed in the ordinary faculty of Reason: I think verily the Ill Spirit never reign'd so much in any corner of the earth by those inhumane and horid things that I have observ'd among them, Nor is it a petty Spirit, but one of the greatest Cacodæmons that thus drives them on, and makes them so active in the pursuance of their own perdition. To deduce matters from their Originall, Your Eminency may please to understand, that this King at his accesse to the Crown had deep debts to pay, both of His Fathers, and his own, he was left ingaged in a fresh warre with Spain; and had another presently after with France, and both at one time, but he came off well enough of those: Afterwards never any Countrey flourished in that envied happinesse, and wanton kind of prosperity; This City of London was grown to be the greatest Mart, and mistresse of Trade, of any in the world, Insomuch, as I have been certainly inform'd, the King might have eaten meerly upon His customes 4000 crownes a day: Moreover, she had a vast bank of money being made the scale of conveying the King of Spaines treasure to Flanders: Insomuch that in a few yeers she had above ten millions of his moneys brought hither, which she might have remitted in specie or in marchandize, and for which this King had five in the hundred for coynage: Yet could he not get beforehand with the world, having a sister with so many Nephews and neeces, having a Queen with diverse children of His own, (at least 16 of the Blood-Royall) to maintaine, with divers profuse Courtiers besides, which made Him more parsimonious then ordinary. The Warres then growing more active 'twixt Spaine and France, as also 'twixt Holland and Spaine both by Land and Sea, and divers great Fleets of Men of War as well French (who were growne powerfull that way) as Dunkerkers, Spaniards, Hollanders, and Hamburgers, appearing daily in His narrow Seas, and sayling close by His Chambers, the world wondred this King had no greater strength at Sea, in case that any of the foresaid Nations should doe him an affront, as some of them had already done, by denying to dash their Colours to His Ships: Insomuch that in Holland and other places he was pasquill'd at, and pourtrayed lying in his cradle lullaby'd and rock'd asleep by the Spaniard: Hereupon being by advertisements from His Agents abroad, and frequent advice of His Privie Councell at home, made sensible of the danger, and a kind of dishonour he was falne into, and having intelligence that the French Cardinall began to question his title to the Dominion of the Narrow Seas, considering He employed no visible power to preserve it, He began to consult of meanes to set forth a Royall Fleet: but in regard the Purse of the Crowne was lightly ballasted, and that he had no mind to summon the three Estates, because of some indignities he had received in former Parliaments by the Puritan party, (a race of people averse to all Kingly Government, unlesse they may pare it as they please) his then Atturney Generall, a great cryed-up-Lawyer, put it in his Head to impose an old Tax called Ship-mony upon the Subject, which the said Lawyer did warrant upon his life to be Legall, for he could produce diverse Records how many of his Progenitors had done the like: The King not satisfied with his single opinion, referred it to His Learned Councell, and they unanimously averred it to be agreeable to the Law of the Land; yet this would not fully satisfie the King, but He would have the Opinion of His twelve Judges, and they also affirmed by their severall vouches the said Tax to be warrantable; Hereupon it was imposed and leavied, but some refusing to pay it, there was a suite commenc'd, during which all the Judges were to re-deliver their opinions joyntly, and the businesse being maturely debated and canvased in open Court divers months, and all arguments produc'd pro & con, nine of the said twelve Judges concluded it Legal: Thereupon the King continued the imposition of the said Tax, and never was money imployed so much for the Honour and advantage of a Countrey, for he sent out every Summer a Royall fleet to scowre and secure the Seas; he caused a Galeon to be built, the greatest and gallantest that ever spread saile: Nor did he purse up, and dispose of one peny of this money to any other use, but added much of his own Revenues yeerly thereunto: So the world abroad cried up the King of England to be awake againe; Trade did wonderfully encrease, both Domestic and forrein in all the three Kingdomes; Ireland was reduced to an absolute Settlement, the Arreares of the Crown payed, and a considerable Revenue came thence cleerly to the Exchequer of England every year, the salaries of all Officers, with the pay of the standing Army there, and all other Charges being defrayed by Ireland her self, which was never done before. Yet for all this height of happinesse, and the glorious fruites of the said Ship-money, (which was but a kind of petty insensible Tax, & a thing of nothing to what hath happened since) there were some foolish people in this Land which murmured at it, and cryed out nothing else but a Parliament, a Parliament; and they have had one since with a vengeance. But before this occasion, it was observed, that the seedes of disobedience, and a spirit of insurrection was a long time engendring in the hearts of some of this peace-pampred People, which is conceived to proceed from their conversation and comerce with three sorts of men, viz. the Scot, the Hollander and the French Huguenot. Now an advantage happened that much conduced to necessitate the convoking of a Parliament, which was an ill-favoured traverse that fell out in Scotland; For the King intending an Uniformity of Divine worship in all His three Kingdomes, sent thither the Lyturgie of this Church, but it found cold and coorse entertainment there, for the whole Nation, men, women and children rise up against them: Hereupon the King absolutely revoked it by Proclamation, wherein He declared 'twas never His purpose to presse the practice thereof upon the Consciences of any; therefore commanded that all things should be in statu quo prius, but this would not serve the turn, the Scot took advantage hereby to destroy Hierarchy, and pull down Bishops to get their demeanes: To which purpose they came with an Army in open Field against their own Native King, who not disgesting this indignity, Mustred another English Army; which being upon the confines of both Kingdomes, a kind of Pacification was plaistred over for the present. The King returning to London, and consulting His second thoughts, resented that insolency of the Scots more then formerly: Hereupon He summons a Parliament, and desires aid to Vindicat that Affront of the Scot. The Scot had strong Intelligence with the Puritan Faction in the English Parliament, who seemed to abet his quarell, rather then to be sensible of any nationall dishonour received from him; which caused that short-lived Parliament to dissolve in discontent, and the King was forced to finde other meanes to raise and support an Army by private Loanes of His Nobler sort of Subjects and Servants: The Scot having punctuall Advertisments of every thing that passed, yea, in the Kings Cabinet Councell was not idle all this while, but rallies what was left of the former Army (which by the articles of Pacification should have been absolutely dismissed) and boldly invades England, which he durst never have done, if he had not well known that this Puritan Party which was now grown very powerfull here, and indeed had invited him to this expedition, would stand to him. This forrein Army being, by the pernicious close machinations of some mongrell Englishmen aforementioned, entred into the Bowels of the Country, the King was forced to call this present Parliament, with whom he complied in every thing, so far as to sacrifice unto them both Iudge, Bishop, Councellor and Courtier; yea, He yeilded to the tumbling down of many tribunalls of Justice, which were an advantage to his Prerogative; He assented that the Prelates, who were the most Ancient and Prime Members of the upper House, and had priority of all others, since the first constitution of Parliament in the enrollment of all Acts, He assented I say that these, who were the greatest prop of His Crown should be quite outed from among the Peers; He granted them also a Trienniall Parliament, and after that, this Perpetuall; which words, to the apprehension of any rationall man, carry with them a grosse absurdity in the very sense of the thing: And touching this last Grant, I had it from a good hand, that the Queen was a friend to this Parliament, and your Eminence knowes how they have requited Her since, but the maine open Councellor to this fatall Act was a Scot. Now the reason which they alledged for this everlasting Parliament was one of the baldest that ever I heard of, it was, that they might have time enough to pay the Scots Army, whereas in one morning they might have dispatched that, by passing so many Subsidies for that use, and upon the credit of those, they might have raised what money they would. The Parliament finding the King so pliable, and His pulse to beat so gently, like ill-natur'd men they fall from inches to ells in seeking their advantages: They grew so peremptory as to demand all the military strength of the Kingdom, the Tower of London, with the whole Royall Navy, which they found in an excellent equipage, gramercy shipmony; so that the benefit of Ship-mony, which they so clamoured at, turned most to their advantage of any thing afterwards. The Scot being Fidler-like returned to his Country with meat, drink, and mony, the King went a while after to keep a Parliament there, wherein he filled every blank, they did but ask and have, for He granted them what possibly they could propound, both for their Kirk and State, many received Honour, and they divided Bishops Lands amongst them: for all which unparallel'd Concessions of Princely grace, they caused an Act already in force to be published, viz. that it should be damnable Treason in the highest degree that could be, for any of the Scots Nation conjunctly or singly to levy armes, or any military Forces, upon any pretext whatsoever, without His Majesties royall Commission; and this they caus'd to be don by way of gratitude, but how they perform'd it afterwards the world knowes too well. The King returning to London, in lieu of a wellcom to his two Houses of Parliament (to whom also before his departure he had passed more Acts of Grace then all his Progenitors, take them all in a lump) they had patch'd up a kind of Remonstrance, which was voted in the dead of night, wherein they expos'd to the world the least moat in former government, and aggravated to the very height every grievance, all which the King had redressed before; and this Remonstrance, which breath'd nothing but a base kind of malice, they presented as a nosegay to their Soverain Prince, to congratulate his safe return from a forren Countrey; which they caus'd to be printed & publish'd before he could give any answer thereunto. The King finding such a virulent spirit still raign in the House, and knowing who were chiefly possess'd with it (whom he had impeach'd before, but saw he could get no justice against them) in such an extremity, he did an act like a generous Prince, for taking the Palsgrave with him, he took the first coach he met withall at his Court gate, and went to his House of Commons in person to demand five Members, which he would prove to be Traitors in the highest degree, and to be the Authors of all these distempers, protesting upon the word of a King, that they shold have as fair & legall a tryall as ever men had; in the interim he only desir'd that their persons might be secur'd: The walls of both Houses, and the very stones in London street did seem to ring of this high cariage of the Kings, and the sound went thence to the Countrey, whence the silly Plebeians came presently in whole heards to this City, and strowting up and down the streets, had nothing in their mouths, but that the priviledg of Parlement, the priviledg of Parlement was broken, though it be the known cleer Law of the Land, that the Parlement cannot supersede or shelter any treason. The King finding how violently the pulse of the grosly seduced people did beat, and there having been formerly divers riotous crues of base Mechaniques and Mariners, who had affronted both his own Court, and the two Houses besides, which the Commons, to their eternall reproach, conniv'd at, notwithstanding that divers motions were made by the Lords to suppresse them, the King also having private intelligence that there was a mischievous plot to surprize his person, remov'd his Court to the Countrey. The King departing, or rather being driven away thus from his two Houses, by this mutinous City, he might well at his going away have obraided her in the same words as Henry the 3. did upbraid Paris, who being by such another tumultuous rabble driven out of her in the time of the Ligue, as he was losing sight of her, he turn'd his face back, and sayed, Farewell ingratefull Cittie, I will never see thee again till I make my way into thee through thy Walls: Yet, though the King absented himself in person thus from the two Houses, he sent them frequent messages, that they wold draw into Acts what he had already assented unto, and if any thing was left yet undon by him, he wold do it; therfore he will'd them to leave off those groundles feares and jealousies wherwith they had amus'd both Cittie and Countrey; and he was ready to return at all times to his Palace in Westminster, provided that his Person might be secur'd from the former barbarisms & outrages: But in lieu of a dutifull compliance with their Prince, the thoughts of the two Houses ran upon nothing but war: The King then retiring into the North, & thinking with a few of his servants only to go visit a Town of his, he was denied entrance by a fatall unlucky wretch, who afterwards was shamefully executed, with his eldest son, by command of his new Masters of the Parlement: The King being thus shut out of his own town (which open'd the first dore to a bloudy war) put forth a Declaration, wherein he warn'd all his people that they should look to their proprieties, for if Hee was thus barr'd of his owne, how could any private Subject be sure to be Master of any thing he had, and herein he was as much Prophet as Prince; For the Parlement-men afterwards made themselfs Land-Lords of the whole Kingdome, it hath been usuall for them to thrust any out of his freehold, to take his bed from under him, and his shirt from off his very back. The King being kept thus out of one of his townes, might well suspect that he might be driven out of another, therefore 'twas time for him to look to the preservation of his Person, and the Countrey came in voluntarily unto him by thousands to that purpose, but hee made choice of a few only to be his gard, as the Parliamenteers Parlementteers had don a good while before for themselfs: But now they went otherwise to worke, for they fell a levying, listing, and arming men by whole Regiments and Brigades till they had a verie considerable Army a foot, before the King had one Musqueteer or Trooper on his side: yet these men are so notoriously impudent, as to make the King the first Aggressor of the war, and to lay upon Him all the blood that was spilt to this day, wherein the Devill himself cannot be more shameles. The Parliamenteers having an army of foot and horse thus in perfect Equipage, 'twas high time for the King to look to himselfe, therefore he was forced to display his royall Standard, and draw his sword quite out: Thus a cruell and most cruentous civill war began which lasted neer upon foure yeers without intermission intermissiou wherin there happen'd more battailes, sieges and skirmishes, then passed in the Netherlands in fourescore yeers, and herein the Englishmen may be said to get som credit abroad in the world, that they have the same blood running in their veines (though not the same braines in their sculls) which their Ancestors had, who were observed to be the activest peeple in the field, impatient of delay, and most desirous of battaile then any Nation. But it was one of the greatest miracles that ever happen'd in this Land how the King was able to subsist so long against the Parlamenteers, considering the multiplicity of infinite advantages they had of him by water and land: for they had the Scot, the Sea and the City on their side; touching the first, he rushed in as an Auxiliary, with above 20000. Horse and Foot compleatly furnish'd both with small and great ammunition and arms, well cloth'd and money'd: For the second, they had all the Kings Ships well appointed, which are held to be the greatest security of the Island both for defence and offence, for every one of them is accounted one of the moving Castles of the Kingdome: besides they had all the other standing stone Castles, Forts, and tenable places to boot: Concerning the last, (viz. the City) therein they had all the wealth, bravery, and prime ammunition of England, this being the onely Magazin of men and money: Now if the King had had but one of these on his side, he had in all probability crush'd them to nothing: yet did he bear up strangely against them a long time, and might have don longer, had he kept the campane, and not spent the spirits of his men before Townes; had he not made a disadvantagious election of som Commanders in chief, and lastly, had he not had close Traitors within dores, as well as open Rebells without; for his very Cabinet Councell, and BedChamber were not free of such vermin, and herein the Parlementeers spent unknown sums and were very prodigall of the Kingdomes money. The King, after many traverses of war, being reduced to a great streight by crosse successes and Counsells, rather then to fall into the hands of the Parlementeers, withdrew himselfe in a Servingmans disguise to the Scots army, as his last randevous, and this plott was manag'd by the French Agent then residing here; A man wold think that that Nation wol'd have deem'd it an eternall honor unto them to have their own King and Countreyman throw himself thus into their armes, and to repose such a singular trust in them upon such an Extremity: but they corresponded not so well with him as he expected, for though at first when the Parlamenteers sollicited their deer Brethren for a delivery of the Kings person unto them, their note was then, if any forren petty Prince had so put himself upon them, they could not with honor deliver him, much lesse their own Native King; yet they made a sacrifice of him at last for 800000. Crownes; whereupon Bellieure the French Ambassador being convoyed by a Troop of horse from the King towards London, to such a stand, in lieu of larges to the souldiers, he drew out an halfe crown peece, and asked them how many pence that was, they answered 30. He replied, for so much did Judas betray his Master, and so he departed And now, that in the cours of this Historicall Narration I have touch'd upon France, your Eminence may please to understand, that nothing allmost could tend more to the advantage of that King, then these commotions in England, considering that he was embark'd in an actuall war with the House of Austria and that this Iland did do Spain som good offices; among other, by transport of his treasure to Dunkerk in English bottomes, wherunto this King gave way, and somtimes in his own Galeons, which sav'd the Spainard neer upon 20. in the hundred, then if he had sent it by way of Genoa; so that som think, though France made semblance to resent the sad condition of her Neighbour, and thereupon sent the Prince of Harcour, and the foresaid Monsieur Bellieure to compose matters, yet she never really intended it, as being against her present interest and engagements: yet the world thinks it much that she shold publiquely receive an Agent from these Parlamenteers, and that the French Nobility who were us'd to be the gallantest men in the world to vindicate the quarrels of distressed Ladies, are not more sensible of the outrages that have bin offer'd a daughter of France, specially of Henry the great's. But to resume the threed of my Narration, the King (and with him, one may say, England also) being thus bought and sold, the Parlamenteers insteed of bringing him to Westminster, which had put a Period to all distempers toss'd him up and downe to private houses, and kept the former Army still afoot: And truly I think there was never Prince so abus'd, or poor peeple so baffled, and no peeple but a purblind besotted peeple wold have suffred themselfs to be so baffled: for notwithstanding that no Enemy appeer'd in any corner of the Kingdom, yet above 20000. Tagaroons have bin kept together ever since to grind the faces of the poore, and exhaust the very vitall spirits of town and Countrey, and keep them all in a perfect slavery: Had the Parlement-men, when the Scots were gone, brought their King in a generous and frank way (as had well becom'd Englishmen) to sitt among them, and trusted to him (which of necessity they must do at last) as they had gain'd more honor far in the world abroad, so they had gain'd more upon his affections then I beleeve they will ever do hereafter. But to proceed, the King having bin a good while prisoner to the Parlement, the Army snatch'd him away from them, and som of the chiefest Commanders having pawn'd their soules unto him to restore him speedily, in lieu thereof they tumbled him up and down to sundry places, till they juggled him at last to that small Ile where now he is surrounded with a gard of strange faces and if happly he beginns to take delight in any of those faces, he is quickly taken out of his sight. These harsh usages hath made him becom all gray and oregrown with hair, so that he lookes rather like som Silvan Satyr then a Soverain Prince: And truly my Lord the meanest slave in St. Marks gallies or the abiect's Captif in Algier bannier is not so miserable as he in divers kinds, for they have the comfort of their wifes, children and frends, they can convey and receive Letters, send Messengers Messenggers upon their errands, and have privat discours with any; all which is denied to the King of great Britain, nay the young Princes his children are not permitted as much as to ask him blessing in a letter. In so much that if he were not a great King of his passions, and had a heart cast in an extraordinary Mould, these pressures & those base aspersions that have bin publiquely publquely cast upon him by the Parlement it self, had bin enough to have sent him out of the world e're this, and indeed 'tis the main thing thng they drive at, to torture his brain and tear his very heartstrings if they could: so that wheras this foolish ignorant peeple speak such horrid things of our Inquisition, truly my Lord 'tis a most gentle way of proceeding being compar'd to this Kings persecutions. As the King himselfe is thus in quality of a captif, so are all his Subjects becom perfect slaves, they have fool' themselfs into a worse slavery then Jew or Greek under the Ottomans, for they know the bottom of their servitude by paying so many Sultanesses for every head; but here, peeple are put to endles, unknowne, tyrannicall Taxes, besides plundring and Accize, which two words, and the practise of them (with storming of Townes) they have learnt of their pure brethren of Holland: and for plundrings, these Parlementeer Saints think they may robb any that adheres not to them as lawfully as the Iewes did the Egiptians : 'Tis an unsommable masse of money these Reformers have squandred in few yeers, whereof they have often promis'd and solemnly voted a publike account to satisfie the Kingdome: but as in a hundred things more, so in this precious particular they have dispens'd with their Votes: they have consumed more treasure with pretence to purge one Kingdome, then might have served to have purchas'd two; more (as I am credibly told) then all the Kings of England spent of the public stock since the Saxon Conquest: Thus have they not only begger'd the whole Iland, but they have hurld it into the most fearfull'st Chaos of confusion that ever poore Countrey was in; they have torne in pieces the reines of all Government, trampled upon all Lawes of heaven and earth, and violated the very Dictamens of nature, by making mothers to betray their sonnes, and the sonnes their fathers, but specially that great Charter, which is the Pandect of all the Lawes and Liberties of the freeborn Subject, which at their admission to the House they are solemnly sworn to maintaine, is torn in flitters: besides those severall Oaths they forg'd themselfs, as the Protestation and Covenant, where they voluntarily sweare to maintain the Kings Honor and Rights, together with the established Lawes of the Land, &c. Now I am told, that all Acts of Parlement here are Lawes, and they carry that Majestie with them, that no power can suspend or repeale them, but the same power that made them, which is the King sitting in full Parlement; these mongrell Polititians have bin so notoriously impudent as to make an inferior Ordinance of theirs to do it, which is point-blank against the very fundamentalls of this Government, and their owne Oaths, which makes me think that there was never such a perjur'd pack of wretches upon earth, never such Monsters of mankind. Yet this simple infatuated peeple have a Saint-like opinion of these Monsters, this foolish Citie gards them daily with Horse and Foot, whereby she may be sayd to kisse the very stones that are thrown at her, and the hand whence they came, which a dogg wold not do: But she falls to recollect her self now that she begins to be pinch'd in Trade, that that her Mint is starv'd, and that the Prince commands both Sea and River: yet the leading'st men in her Common-Councell care not much for it, in regard most of them have left traffiqueing abroad, finding it a more easie and gainefull way of trading at home, by purchasing Church-lands, plunder'd goods, and debts upon the Public Faith; thus the Saints of this Iland turn godlinesse into gaine. Truly my Lord, I give the English for a lost Nation, never was there a more palpable oblæsion of the brain, and a more visible decay of reason in any race of men: it is a strange judgement from heaven, that a peeple shold not be more sensible how they are becom slaves to Rebells, and those most of them the scumm of the Nation, which is the basest of miseries: how they suffer them to tyrannize by a meer arbitrary arbicrary extrajudiciall power o're their very soules and bodies, o're their very lifes and livelihoods; how their former freedom is turn'd to fetters, Molehills into Mountaines of grievances, Ship-money into Accize, Justice into Tyranny: For nothing hath bin and is daily so common amongst them as imprisonment without charge, and a charge without an accuser, condemnation without apparance, and forfaitures without conviction. To speak a little more of the King, if all the infernall fiends had ligu'd against him, they could not have designd & disgorg'd more malice: they wold have laid to his charge his fathers death, as arrand a lie as ever was hatch'd in hell: they wold make him fore-know the insurrection in Ireland, whereas the Spanish Ambassador here, & his Confessor who is very reverend Irish man, told me, that he knew no more of it then the grand Mogor did: they charge him with all the bloud of this civill warre, wheras they and their instruments were the first kindlers of it, and that first prohibited trade: they intercepted and printed his privat letters to his Queen, and hers to him, (Oh barbarous basenesse!) but therin they did him a pleasure, though the intent was malitious, their aym in all things being to imbitter and envenom the hearts of his peeple towards him; and this was to render him a glorious and well-belov'd Prince, and for making him rich, all which they had vow'd to do upon passing the Act of Continuance, they have made him poorer then the meanest of all his vassalls, they have made him to have no propriety in house, goods, or Lands, or as one may say, in his wife and children: 'Twas usuall for the father to hunt in his Park while the son hunted for his life in the field, for the wife to lye in his bedds, while the husband layed wait to murther him abroad; they have seiz'd upon and sold his privat Hangings and Plate, yea his very Cabinets, Jewells and Pictures. Nor are they the honorablest sort of peeple, and men nobly extracted (as in Scotland) that do all this, (for then it were not so much to be wondred at) but they are the meanest sort of Subjects, many of them Mechaniques, whereof the lower House is full; specially the subordinate Committees, who domineer more ore Nobles and Gentry, then the Parliament-Members themselfs their Masters. Touching those few Peers that sit now voting in the upper House, they may be sayed to be but meer Cyphers, they are grown so degenerate as to suffer the Commons to give them the Law, to ride upon their backs, and do most things without them: There be many thousand Petitions that have been recommended by these Lords to the lower House, which are scornfully thrown into corners and never read; their Messengers have us'd to dance attendance divers houres and dayes afore they were vouchsafed to be let in or heard, to the eternall dishonor of those Peers and yet poor spirited things they resent it not: The Commons now command all, and though, as I am inform'd, they are summon'd thither by the Kings Originall Writt but to consent to what the King and his great Counsell of Peers (which is the true Court of Parlement) shall resolve upon; They are now from Consenters becom the chiefest Counsellors yea Controwlers of all; nay som of this lower House fly so high as to term themselfs Conquerors, and though in all conferences with the Lords they stand bare before them, yet by a new way of mix'd Committees they cary themselfs as Collegues: These are the men that now have the vogue, and they have made their Priviledges so big swoln, that they seem to have quite swallowed up both the Kings Prerogatives, and that of the Lords: These are the Grandees, and Sages of the times, though most of them have but crack'd braines and crazy fortunes; Nay som of them are such arrand Knaves and coxcombs, that 'tis questionable whither they more want common honesty, or common sense; nor know no more what belongs to true policy then the left legg of a joint-stoole: They are grown so high a tiptoes, that they seem to scorn an Act of Amnestia, or any grace from their King, wheras som of them deserve to be hang'd as oft as they have haires upon their heads; nor have they any more care of the common good of England then they have of Lapland, so they may secure their persons, and continue their Power and Authority, is sweet, though it be in Hell. Thus, my Lord, is England now govern'd, so that 'tis an easy thing to take a prospect of her ruine; The Scot is now the rising man, who is the third time struck into her bowells with a numerous Army: They say he hath vow'd never to return till he hath put the Crown on the Kings head, the Scepter in his hand, and the sword by his side; if he do so, it will be the best thing that ever he did, though som think that he will never be able to do England as much good as he hath don her hurt; He hath extremely outwitted the English of late yeers: And they who were the causers of his first and last coming in, I hold to be the most pernicious Enemies that ever this Nation had; for 'tis probable that Germany will be sooner free of the Swed, then England of the Scot, who will stick close unto him like a burr, that he cannot shake him off; He is becom allready Master of the Englishmans soul, by imposing a religion upon him, and he may hereafter be master of his body. Your Eminence knowes there is a periodicall fate hangs over all Kingdoms after such a revolution of time, and rotation of fortunes wheele; the cours of the world hath bin, for one Nation, like so many nailes, to thrust out another; But for this Nation, I observe by conference with divers of the saddest and best weighdst men among them, that the same presages foretell their ruine as did the Israelites of old, which was a murmuring against their Governors; It is a long time that both Judges Bishops, and privy Counsellors have bin mutter'd at, wherof the first shold be the oracles of the Law, the other of the Gospell, the last of State-affaires, and that our judgments shold acquiesce upon theirs; Here as I am inform'd; 'twas common for evry ignorant client to arraign his Judg; for evry puny Clerk to censure the Bishop; for evry shallow-brain home-bred fellow to descant upon the results of the Councell Table: and this spirit of contradiction and contumacy hath bin a long time fomenting in the minds of this peeple, infus'd into them principally, by the Puritanicall Faction. Touching the second of these (I mean Bishops) they are grown so odious (principally for their large demeanes) among this peeple, as Monks were of old, and one may say it is a just judgment fallen upon them, for they were most busy in demolishing Convents and Monasteries, as these are in destroying Cathedralls and Ministers; But above all, it hath bin observ'd that this peeple hath bin a long time rottenhearted towards the splendor of the Court, the very glory of their King, and the old establish'd Government of the land: 'Tis true there were a few small leakes sprung in the great vessell of the State, (and what vessell was ever so tite but was subject to leakes?) but these wiseakers in stopping of one have made a hundred: Yet if this Kings raign were parallell'd to that of Queen Elizabeth's, who was the greatest Minion of a peeple that ever was, one will find that she stretch'd the Prerogative as much: In her time as I have read in the Latin Legend of her life, som had their hands cut off for writing against her matching with the Duke of Aniou, others were hang'd at Tyburn for traducing her government; she pardon'd thrice as many Roman Priests as this King did, she pass'd divers Monopolies, she kept an Agent at Rome, she sent her Sargeant at Armes to pluck out a Member then sitting in the House of Commons by the eares, and clap'd him in prison; she call'd them sawcy fellowes to meddle with her Prerogative, or with the government of her houshold, she mannag'd all forren affaires, specially the warrs with Ireland soly by her privy Counsell; yet there was no murmuring at her raign, and the reason I conceave to be, that there was neither Scot or Puritan had then any stroke in England. Yet, for all their disobedience and grumblings against their Liege Lord the King, this peeple are exactly obedient to their new Masters of the House of the House of Commons, though they sit there but as their Servants and entitle themselfs so; and also though in lieu of the small scratches which, England might happily have receiv'd before (all which the King had cur'd) these new Masters have made such deep gashes in her, and given her such deadly wounds that I believe are incurable. My Lord, I find by my researches, that there are two great Idolls in this Kingdome the greatest that ever were, they are the Parliament and the Pulpit; 'tis held a kind of blasphemy, if not a sin against the Holy Ghost to speak against the one, and the whole body of Religion is nailed unto the other, for there is no devotion here at all but preaching, which God wot is little better then prating. The abuse of these two hath bin the source of all the distempers which now raign: touching the latter, it hath serv'd as a subservient Engin to prop up the power and popularity of the first; these malicious Pulpit-men breath out nothing thence but either sedition, schisme or blasphemy; poor shallow brain'd Sciolists, they would question many things in the old Testament, and find Apocrypha in the New: And such is the violence wherewith the minds of men and women are transported towards these Preachmen, and no other part of devotion besides, that in all probability they will in time take a surfet of them: so that give this giddy peeple line enough there will be no need of Catholique Arms to reduce them to the Apostolic Church, they will in time pave the way to it themselves, and be glad to return to Rome to find out a Religion again. There was here before, as I am informed, a kind of a face of a Church, there were some solemnities, venerations and decencies us'd that a man might discover some piety in this peeple; there was a publick Liturgie that in pithy Patheticall prayers reach'd all occasions; the Sacraments were administred with some reverence, their Churches were kept neat and comly; but this nasty race of miscreants have nothing at all of sweetnesse, of piety and devotion in them; 'tis all turn'd to a fatuous kind of more zeal after learning, as if Christianity had no sobriety, consistence, or end of knowledg at all: These silly things, to imitate the Apostles time, wold have the same form of discipline to govern whole Nations, as it did a chamberfull of men in the infancy of the Church they wold make the same coat serve our Saviour at 30. yeers, which fitted him at three: Tis incredible how many ugly sorts of heresies they daily hatch, but they are most of them old ones newly furbish'd; they all relate to Aerius, a perfect hater of Bishops, because he could not be one himself. The two Sectaries which sway most, are the Presbyterians and Independents, the Presbyterian is a spawn of a Puritan, and the Independent a spawn of the Presbyterian: there's but one hop 'twixt the first and a Iew, and but half a hop 'twixt the other and an Infidell; they are both opposite to Monarchy and Hierarchy; and the latter would have no Government at all, but a parity and promiscuous confusion, a race of creatures fit only to inhabit Hell: and one of the fruits of this blessed Parlement, and of these two Sectaries is that they have made more Jewes and Athiests then I think there is in all Europe besides; but truly my Lord I think the judgments of Heaven were never so visible in any part of the Earth, as they are now here, for there is Rebell against Rebell, House against House, Cittie against Army, Parlement against Scot, but these two Sectaries, I mean the Presbyterian and Independent, who were the fire-brands that put this poor Iland first in a flame, are now in most deadly feud one against the other (though they both concur in this to destroy government:) And if the King had time enough to look only upon them, they would quickly hang, draw, and destroy one another. But indeed all Christian Princes shold observe the motions & successes of these two unlucky Incendiaries, for if they shold ligue together againe (as they have often plaid fast and loose one with another) and prevail here, this Iland wold not terminate their designes, they wold puzzle all the world besides. Their Preachmen ordinarily cry out in the Pulpit, there is a great work to be done upon earth, for the reforming all mankind, and they are appointed by Heaven to be the chief Instruments of bringing it about: They have already bin so busie abroad, that (with vast sommes of money) they brought the Swed upon the Dane, and the very Savages upon the English Cavalier in Virginia; and could they confederat with Turk, or Tartar, or Hell it self against them, they wold do it: they are monstrously puff'd up with pride, that they stick not to call themselfs Conquerors; and one of the chief ringleaders of them, an ignorant home-bred kind of Brewer, was not ashamed to vaunt it publiquely in the Commons House, that if he had but 20000. men, he wold undertake to march to Constantinople, and pull the Ottoman Emperour out of his throne. Touching the other grand Idoll the Parlement, 'tis true that the primitive constitution of Parlement in this Iland was a wholsome peece of policy, because it kept a good correspondence, and clos'd all ruptures 'twixt the King and his people, but this thing they call Parlement now, may rather be term'd but a cantle of one, or indeed a Conventicle of Schismatiques, rather then a great Counsell; 'tis like a kind of headlesse Monster, or som ectropiated carkas; for there is neither King nor Prelate, nor scarce the seventh part of Peers and Commons; no not the twelfth part fairely elected; neverthelesse they draw the peeple, specially this City, like so many stupid animalls, to adore them. Yet though this institution of Parlement be a wholsom thing in it self, there is in my judgment a great incongruity in one particular; and I believe it hath bin the cause of most distempers; It is, That the Burgesses are more in number then the Knights of Shires; for the Knights of the Shires are commonly Gentlemen well born, and bred, and vers'd in the Lawes of the Land, as well as forren governments, divers of them; but the Burgesses of Townes are commonly Tradesmen, and being bred in Corporations, they are most of them inclining to Puritanism Puritamism , and consequently to popular government; these, exceeding the Knights in number, carry all before them by plurality of Voices, and so puzzle all: And now that I have mentioned Corporations, I must tell your Lordship, that the greatest solœcism in the policy of this Kingdom, is the number of them; especially this monstrous City, which is compos'd of nothing els but of Corporations; and the greatest errors that this King, specially his Father committed, was to suffer this town to spread her wings so wide; for she bears no proportion with the bignesse of the Iland, but may fit a Kingdom thrice as spacious; she engrosseth and dreines all the wealth and strength of the Kingdom; so that I cannot compare England more properly then to one of our Cremona geese, where the custom is, to fatten onely the heart, but in doing so the whole body growes lank. To draw to a conclusion, This Nation is in a most sad and desperate condition, that they deserved to be pittied, and preserved from sinking, and having cast the present state of things and all interests into an equall balance, I find, my Lord there be three waies to do it, one good, and two bad: 1. The first of the bad ones is the Sword, which is one of the scourges of heaven, especially the Civill sword. 2. The second bad one is the Treaty, which they now offer the King in that small Iland where he hath bin kept Captif so long, (in which quality the world will account him still while he is detain'd there) and by that Treaty to bind him as fast as they can, and not trust him at all. 3. The good way is, in a free confiding brave way (Englishmen-like to send for their King to London, where City, and Countrey shold petition him to summon a new and free full Parlement, which he may do as justly as ever he did thing in his life, these men having infring'd as well all the essentiall Priviledges of Parlement, as ev'ry puntillio of it, for they have often risen up in a confusion without adjournment, they had two Speakers at once, they have most perjuriously and beyond all imagination betrayed the trust both King and Countrey repos'd in them, subverted the very fundamentalls of all Law, and plung'd the whole Kingdom in this bottomlesse gulf of calamities: another Parlement may happly do som good to this languishing Iland, and cure her convulsions, but for these men that arrogat to themselfes the name of Parlement (by a locall puntillio only because they never stirr'd from the place where they have bin kept together by meer force) I find them by their actions to be so pervers, so irrational and refractory, so far given over to a reprobat sense, so fraught with rancor, with an irreconcileable malice and thirst of bloud, that England may well despaire to be heal'd by such Phlebotomists, or Quacksalvers; besides they are so full of scruples, apprehensions, and jealousies proceeding from black guilty soules, and gawl'd consciences, that they will do nothing but chop Logic with their King, and spin out time to continu their power, and evade punishment, which they think is unavoydable if there should be a free Parlement. Touching the King he comports himself with an admired temper'd equanimity, he invades and o'remasters them more and more in all his answers by strength of reason, though he have no soul breathing to consult withall, but his owne Genius: he gaines wonderfully upon the hearts and opinion of his peeple, and as the Sun useth to appear bigger in winter, and at his declension in regard of the interposition of certain meteors 'twixt the eye of the beholder and the object, so this King being thus o'reclouded and declined shines far more glorious in the eyes of his peeple; and certainly these high morall vertues of constancy, courage and wisdom com from above; and no wonder, for Kings as they are elevated above all other peeple and stand upon higher ground, they sooner receave the inspirations of heaven; nor doth he only by strength of reason outwit them, but he wooes them by gentlenes and mansuetude; as the Gentleman of Paris who having an Ape in his house that had taken his only child out of the cradle, and dragged him up to the ridge of the house, the parent with ruthfull heart charmed the Ape by faire words and other blandishments to bring him softly down, which he did; England may be said to be now just upon such a precipice, ready to have her braines dasht out, and I hope these men will not be worse natur'd then that brute animal, but will save her. Thus have I given your Eminence a rough account of the state of this poor and pittifully deluded peeple, which I wil perfect when I shall com to your presence, which I hope will be before this Autumnall Equinox; I thought to have sojourn'd here longer, but that I am growne weary of the clime, for I feare there's the other two scourges of heaven that menace this Iland, I mean the famin and pestilence, especially this City, for their prophanenes, rebellion and sacriledge: it hath bin a talk a great while whether Anti-Christ be com to the world or no, I am sure Anti-Jesus, which is worse, is among this peeple, for they hold all veneration, though voluntary proceeding from the inward motions of a sweet devoted soule, and causing an outward genuflexion, to be superstitious, insomuch that one of the Synodicall Saints here printed and published a Book entitling it against Iesu Worship.

Politics

TO HIS EMINENCE, The Lord FRANCISCO BARBERINI, Cardinal of the most holy Apostolick See, and Protector of the English Nation, at his Palaces in Rome.

A Venice looking-glasse: or, A letter written very lately from London to Rome [...]

PolB1659

IT is not any Ambition to be in Print, when so few spare Paper and the Presse; nor any instigations of private revenge or malice (though few that dare be honest now want their causes) that have prevailed with me to make my self the Authour of a Pamphlet, and to disturb that Quiet which at present I enjoy, by his Highness great favour and Cato said of Pompey, It was alike Treason in him to usurp the giving him his life, as to take it away. injustice. Nor am I ignorant to how little purpose I shall imploy that time and pains, which I shall bestow upon this Paper. For to think that any reasons or perswasions of mine, or conviction of their own, shall draw men from any thing wherein they see profit or security, or to any thing wherein they fear loss, or see danger, is to have a better opinion both of my self and them, then either of us both deserve. Besides, the subject it self is of that nature, that I am not only to expect danger from ill men, but censure and disallowance from many that are good; for these opinions only lookt upon, not lookt into, (which all have not eyes for) will appear bloody and cruel; and these compellations I must expect from those that have a zeal, but not according to knowledge: If therefore I had considered my self, I had spared what ever this is of pains, and not distasted so many, to please so few, as are in mankind, (the honest and the wise.) But at such a time as this, when God is not onely exercising us with a usual and common calamity, of letting us fall into slavery that used our liberty so ill; but is pleased so far to blind our understandings, and to debase our spirits, as to suffer us to court our bondage, and to place it among the requests we put up to him; Indignation makes a man break that silence that prudence would perswade him to use; if not to work upon other mens minds, yet to ease his own. A late Pamphlet tells us of a great design discovered against the person of his Highness, and of the Parliaments coming (for so does that Junto profane that name) to congratulate with his Highness, his happy deliverance from that wicked and bloody attempt. Besides this that they have Ordered, that God Almighty shall be mockt with a day of thanksgiving, (as I think the World is with the plot) and that the people shall give publique thanks for the publique calamity, that God is yet pleased to continue his Judgments upon them, and to frustrate all means that are used for their deliverance: Certainly, none will now deny, that the English are a very thankfull people. But I think if we had read in Scripture, that the Israelites had cryed unto the Lord, not for their own deliverance, but the preservation of their Task-masters, and that they had thanked God with Solemnity that Pharaoh was yet living, and that there was still great hopes of the daily encrease of the number of their Bricks: Though that people did so many things not onely impiously and profanely, but ridiculously and absurdly; yet certainly they did nothing we should more have wondered at, then to have found them Ceremoniously thankful to God for plagues, that were commonly so brutishly unthankful for mercies; And we should have thought that Moses had done them a great deal of wrong, if he had not suffered them to enjoy their slavery, and left them to their Tasks and Garlick. I can with Justice say, my principal intention in this Paper is not to declaim against my L. Protectour or his Accomplices; for were it not more to justifie others, then to accuse them, I should think their own actions did that work sufficiently, and I should not take pains to tell the world what they know before. My design is, to examine whether if there hath been such a Plott as we hear of; and that it was contrived by Mr. Sindercombe against my L. Protectour, and not by my L. Protectour against Mr. Sindercombe (which is doubtful) whether it deserves those Epithites Mr. Speaker is pleased to give it, of bloody, wicked, and proceeding from the Prince of darkness. I know very well how uncapable the vulgar are, considering what is extraordinary and singular in every case, and that they judge of things, and name them by their exteriour appearances, without penetrating at all into their causes or natures. And without doubt when they hear the Protectour was to be kill'd, they streight conclude a man was to be murdered, not a malefactour punished: for they think the formalities do alwayes make the things themselves, and that 'tis the Judge and the Cryer that makes the justice, and the Goal the Criminal: And therefore when they read in the Pamphlet Mr. Speaker's Speech, they certainly think he gives these Plotters their right titles; and, as readily as a High-Court of Justice, they condemn them, without ever examing whether they would have killed a Magistrate, or destroyed a See Plutarch. the Life of Timolion, cited in the Continuation of this Session of Parliament justified, lately printed. Tyrant, over whom every man is naturally a Judge and an Executioner; and whom the laws of God, of Nature, and of Nations expose, like Beasts of prey, to be destroyed as they are met. That I may be as plain as I can, I shall first make it a question, (which indeed is none) Whether my Lord Protectour be a Tyrant or not? Secondly, if he be, Whether it is lawful to do Justice upon him without Solemnity, that is, to Kill him? Thirdly, if it be lawful, Whether it is like to prove profitable or noxious to the Common-wealth? The Civil Law makes Tyrants of two sorts, Tyrannus sine Tytulo, and Tirannus Exercitio . The one is called a Tyrant, because he hath no right to govern; the other, because he governs Tyrannically. We will very briefly discourse of them both, and see whether the Protectour may not with great Justice put in his claim to both Titles. We shall sufficiently demonstrate who they are that have not a right to govern, if we shew who they are that have; and what it is that makes the power just, which those that rule have over the natural liberty of other men. To Father, within their private Families nature hath given a Supreme power. Every man, sayes Aristotle, Pol. l. 1. C. 1. of Right governs his wife and children, and this power was necessarily exercised Gen. 44.24. every where, whilest Families lived disperst, Arist. ibid. before the constitutions of Common-wealths; and in many places it continued after, as appears by the Laws of Solon, and the most Ancient of those of Rome. And indeed as by the Laws of God 1 Tim. 5.8. and nature, the care, defence, and support of the family lies upon every man whose it is; so by the same Law there is due unto every man from his Family a subjection and obedience, in compensation of that support. But several Families uniting themselvs together to make up one body of a Comon-wealth, and being Independent one of another, without any natural Superiority or Obligation, nothing can introduce amongst them a disparitie of Rule and Subjection, but some power that is over them; which power none can pretend to have but God and themselves. Wherefore all power which is lawfully exercised over such a Society of men, (which from the end of its institution we call a Common-wealth) must necessarily be derived either from the appointment of God Almighty, who is Supream Lord of all and every part; or from the consent of the Society it self, who have the next power to his, of disposing of their own liberty, as they shall think fit for their own good. Vid. Hooker. Eccles. Pol. lib. 1.c. 10. This power God hath given to Societies of men, as well as he gave it to particular Ex. 215. persons; and when he interposes not his own authority and appoints not himself who shall be his Vice-gerents and rule under him; he leaves it to none but the people themselves to make the election, whose benefit is the end of all government. Nay when he himself hath been pleased to appoint rulers for that people, which he was pleased peculiarly to own, He many times made the choice, but left the Continuation and Ratification of that choice to the people themselves. So Saul 1 Sam. 10.2. was chosen by God, and anointed King by his Prophet, but make King by all the people at Gigal. 1 Sam. 12.2 David was anointed King 1 Sam. 16.14. by the same Prophet, but was afterwards, after Saul's death, confirmed by the people of Juda, 2 Sam. 2.4. and 7. years after by the Elders of 2 Sam. 5.3. Israel, the Peoples Deputies, at Chebron. And it is observable, that though they knew that David was appointed King by God, and anointed by his Prophet, yet they likewise knew that God allowed to themselves not only his confirmation, but likewise the limitation of his power; for before his Inauguration, they made a league 2 Sam. 5.3. with him; that is, obliged him by compact to the performance of such conditions as they thought necessary for the securing secueing their Liberty. Nor is it less remarkable, that when God gives directions to his people concerning their government, he plainly leaves the Form to themselves: for he sayes not, When thou shalt have come into the Land which the Lord thy God gives thee, Statues super te Regem ; But, Si Deut. 17.14. Dixeris statuam . God sayes not, Thou shalt appoint a King over thee; But if thou shalt say, I will appoint; leaving it to their choice, whether they would say so or no. And it is plain in that place, that God gives the people the choice of their King, for he there instructs them whom they shall choose, Emedium fratrum tuorum , one out of the midst of thy brethren: Much more might we say, if it were a less manifest Truth that all just power of Government if founded upon these two bases, of Gods immediate command, or the Peoples consent. And therefore whosoever arrogates to himself that power, or any part of it, that cannot produce one of those two titles, is not a Ruler, but an Invader, and those that are subject to that power, are not governed, but opprest. This being considered, have not the People of England much reason to ask the Protector this Question, Quis constituit te virum Principem & judicem super nos? Who made thee a Prince and a Judge over us? If God made thee, make it manifest to us. If the People, where did we meet to do it? Who took our Subscriptions? To whom deputed we our authority? And when and where did those Deputies make the choice? Sure these interrogations are very natural, and I believe would much trouble his Highness his Council, and his Junto to answer. In a word, that I may not tire my reader, (who will not want proofs for what I say, if he wants not memory) If to change the government without the peoples consent: If to dissolve their Representatives by force, and disannul their Acts: If to give the name of the Peoples Representatives to confederates of his own, that he may establish iniquity by a law: If to take away mens lives out of all course of Law, by certain Murtherers of his own appointment, whom he names A High-Court of Justice. If to decimate mens estates, and by his own power to impose upon the people what Taxes he pleases: And to maintain all by force of Arms: If I say all this does make a Tyrant, his own impudence cannot deny, but he is as compleat a one as ever hath been since there have been Societies of Men. He that hath done, and does all this, is the person for whose preservation the people of England must pray; but certainly if they do, 'tis for the same Reason that the old Woman of Syracuse prayd for the long life of the Tyrant Dionysius, lest the Devil should come next. Now if instead of Gods Command, or the Peoples Consent, his Highness hath no other Title but force and fraud, which is to want all Title: And if to violate all Laws, and propose none to Rule by, but those of his own will, be to exercise Tyranny he hath usurpt, and to make his Administration conformable to his claym: Then the first Question we proposed, is a Question no longer. But before we come to the second, being things are more Easily perceived and found by the description of their Exteriour Accidents, and Qualities, then the defining their Essences: It will not be Amiss to see, whether his Highness hath not as well the outward Marks and Characters by which Tyrants are known, as he hath their Nature and Essential properties: Whether he hath not the Skin of the Lyon, and Tayl of the Fox, as well as he hath the Violence of the one, and Deceipt of the other. Now in this Delineation which I intend to make of a Tyrant, all the Lineaments, all the Colours, will be found so Naturally to correspond with the life, that it cannot but be doubted, whether his Highness be the Original, or the Copy. Whether I have in drawing the Tyrant, represented him? or in Representing him, Exprest a Tyrant. And therefore I should be suspected to deal un-sincerely with his Highness, and not to have Applyed These following Characters, but made them, I shall not give you any of my own Stamping, but such as I find in Plato, Aristotle, Tacitus, and his Highness own Evangelist, Machiavell. The marks of a Tyrant, Arist. Pol. lib. 5.c.10. vid. Mach. Discord. 1. c.40 1. Almost all Tyrants have been first Captains and Generals for the People; under pretences of vindicating, or defending their Liberties. Ut Imperium evertant Libertatem præserunt; cum perverterunt, ipsam aggrediuntur , sayes Tacitus; An.lib. 16. Idem alibi. Cæterum libertas & Speciosa nomina prætexuatur, noc quisquam alienum servitium, & Dominationem sibi concupivit, ut non eadem ista vocabula usurparet. Mach. Discord. 2.c.13 to subvert the present Government, they pretend Liberty for the People; when the Government is down, they then Invade that Liberty themselves: this needs no Application. 2. Tyrants accomplish their ends much more by fraud than force. Neither vertue nor force (sayes Machiavel) Il. princ. c. 9. are so necessary to that purpose, as una Astutia fortunata, a Lucky craft: which sayes he, Disc. l. 2. c. 13. without force hath been often found sufficient, but never force without that. And in another place Prin.c. 18. Arist. Pol. l. 5. c. 11. Plato de Repub. l. 8. ibid. he tells us their way is Aggirare Lucervelli degli huomini con Astutia, &c. With cunning plausible pretences to impose upon mens understandings, and in the end they master those that had so little wit as to rely upon their faith and integrity. 'Tis but unnecessary to say, That had not his Highness had a faculty to be fluent in his tears, and eloquent in his execrations: Had he not had spungy eyes and a supple conscience; and besides to do with a people of great faith, but little wit; his courage and the rest of his Moral vertues, with the help of his Janizaries, had never been able so far to advance him out of the reach of Justice, that we should have need to call for any other hand to remove him, but that of the Hangman. 3. They abase all excellent persons, and rid out of the way all that have noble minds, Et Terræ filius extollunt; and advance Sons of the Earth. To put Aristotle into other words, they purge both Parliament and Army, till they leave few or none there, that have either honour or conscience, either wit, Interest, or Courage to oppose their designs. And in these Purgations (saith Plato) Tyrants do quite contrary to Physitians; for they purge us of our humours, but Tyrants of our Spirits. 4. They dare suffer no Assemblies. Not so much as Horse-races. 5.In all places they have their Spies and Dilators, that is, they have their Broughalls, their St. Joan's (besides innumerable small spyes) to appear discontented and not to side with them; that under that disguise they may get trust, and make discoveries. They likewise have their Emissaries to send with forged letters. If any doubt this, let him send to Major General Brown, and he will Satisfie Him. 6. They Stir not without a guard, nor his Highness without his Life-guard. 7. They impoverish the people, that they may want the power, if they have the will, to attempt any thing against them. His Highness way is by Taxes, Excise, Decimations, &c. 8. They make war to divert and busie the people: And besides, to have a pretence to raise moneys, and to make new Levies, if they either distrust their old forces, or think them not sufficient. The war with Spain serveth his Highness to this purpose, and upon no other Justice was it began at first, or is still continued. 9. They will seem to honour and provide for good men: That is, if the Ministers will be Orthodox and flatter: If they will wrest and torture the Scripture to prove his Government lawful, and furnish him with Title: his Highness will likewise be then content to understand Scripture in their favour, and furnish them with Tithes. 10. Things that are odious and distastfull, they make others executioners of; and when the people are discontented, they appease them with Sacrificing those Ministers they imploy: I leave it to his Highness his Major Generals to tg ruminate a little upon this point. 11. In all things they pretend to be wonderful careful of the Publique: to give general accompts of the money they receive, which they pretend to be levied for the maintenance of the State, and the prosecuting of the War. His Highness made an excellent Comment upon this place of Aristotle in his Speech to this Parliament. 12. All things set aside for Religious uses they set to sale; that while those things last, they may exact the less of the people. The Cavaliers would interpret this of the Dean and Chapters Lands. 13. They pretend inspirations from God, and responses from Oracles to Authorise what they do, his Highness hath been ever an Enthusiast. And as Hugh Capet, in taking the Crown pretended to be admonisht to it in a dream by St. Vallery, and St Richard: so I believe will his Highness do the same, at the instigation of St. Henry, and St. Richard his two Sons. Plato de Rep. b. lib. 8 Id. & Plut. passim. 14. Lastly, Above all things they pretend a love to God and Religion. This Aristotle calls Artium Tyrannicarum Potissimum ; the surest and best of all the Arts of Tyrants, and we all know his Highness hath found it so by experience. Histor. of Fran. Ibid. lib. 5. c. 11 He hath found indeed that in goodness there is great gain; and that preaching and praying , well managed, will obtain other Kingdoms as well as that of Heaven. His indeed have been pious Arms, for he hath conquered most by those of the Church, by prayers, and Preces & Lacrymæ sunt arma Ecclesiæ . tears. But the truth is, were it not for our honour to be governed by one that can manage both the Spiritual and Temporal Sword, and Roman like, to have our Emperor our High Priest: We might have had preaching at a much cheaper rate, and it would have cost us but our Tythes, which now costs us all. Other Marks and Rules there are mentioned by Aristotle to know Tyrants by: but they being unsuitable to his Highness Actions, and impracticable by his Temper, I insist not on them. As among other things Pol. lib. 5. c. 11. Aristotle would not have a Tyrant insolent in his behaviour, nor strike people. But his Highness is naturally chollerique, and must call men Rogues, and go to Cuffs. At last he concludes he should o fashion his manners, as neither to be really good, nor absolutely bad, but half one, half tother. Now this half good is too great a proportion for his Highness, and much more then his temper will bear. But to speak Truths more seriously, and to conclude this first Question. Certainly what ever these Characters make any man, it cannot be denied but his Highness is; and then if he be not a Tyrant, we must confess we have no definition nor description of a Tyrant left us; and may well imagine there is no such thing in Nature, and that 'tis onely a Notion and a Name. But if there be such a Beast, and we do at all believe what we see and feel; let us now enquire, according to the method we proposed, whether this be a Beast of Game that we are to give law to, or a Beast of Prey to destroy with all means are allowable and fair? Whether it be lawful to kill a Tyrant? In deciding this question Authors very much differ, as far as it concerns supream Magistrates, who degenerate into Tyrants. Some think they are to be born with as bad Ames Parentem si æquus est, si non, feras? Parents; and place them in the number of those mischiefs Sicut sterilitatem, aut nimios imbres &c. Tacit. that have no other cure but our patience. Others think they may be questioned by that supream Law of the peoples safety; and that they are answerable to the peoples Representatives for the breach of their Trust. But none, of sober sense, makes private persons Judges of their actions; which were indeed to subvert all Government. But on the other side, I find none, that have not been frighted or corrupted out of their Reason, that have been so great Enemies to Common, and the Liberty of Mankind; as to give any kind of Indemnity to a Usurper, who can pretend no Title, but that of being stronger; nor challenge the peoples obedience upon any other obligation but that of their necessity, and fear. Such a person, as one out of all bounds of humane protection, all men make the Ishmael, Gen. 16.12. against whom is every mans hand, as his is against every man. To him they give no more security then Cain, his fellow murtherer and oppressour, promised to himself, to be destroyed by him that found him first. The reason why a Tyrants case is particular, and why in that every man hath that vengeance given him, which in other cases is reserved to God and the Magistrate, cannot be obscure, if we rightly consider what a Tyrant is, what his crimes are, and in what state he stands with the Common-wealth, and with every member of it. And certainly if we find him an enemy to all Humane Society, and a subverter of all Laws, and one that by the greatness of his villanies, secures himself against all ordinary course of Justice: we shall not at all think it strange, if then he have no benefit from humane society, no protection from the law; and if, in his case, Justice dispenses with her forms. We are therefore to consider that the end for which men enter into society is not barely to live, which they may do disperst, as other Animals: but to live happily; and a Life answerable to the dignity and excellency of their kind. Out of Society, this happiness is not to be had, for singly we are impotent, and defective, unable to procure those things that are either of necessity, or ornament for our lives, and as unable to defend and keep them when they are acquired. To remedy these defects, we Associate together that what we can neither enjoy nor keep, singly, by mutual benefits and assistance, one of another, We may be able to do both. We cannot possibly accomplish these ends, if we submit not our passions and appetites to the Laws of Reason and Justice. For the depravity of mans will makes him as unfit to live in Society, as his necessity makes him unable to live out of it. And if that perverseness be not regulated by Laws, mens appetites to the same things; their avarice, their lust, their ambition would quickly make Society as unsafe, or more, then Solitude it self, and we should associate onely to be nearer our misery and our ruine. That therefore by which we accomplish the ends of a Sociable life, is our subjection, and submission to Laws, these are the Nerves and Sinews of every Society or Common-Wealth; Without which they must necessarily dissolve and fall asunder. And indeed (as Augustine sayes) those Societies where Law and Justice is not, are not Common-wealths or Kingdoms, but Magna Latrocinia, Great Confederacies of Thieves and Robbers. De civit. Dei. Those therefore that submit to no Law, are not to be reputed in the Society of Mankind, which cannot consist without a Law. Therefore Aristotle Pol. lib. 3. c. 12. saith, Tyrannie is against the Law of Nature, that is, the Law of Humane Society, in which Humane Nature is preserved. For this reason they deny a Tyrant to be Partem Civitatis ; for every part is subject to the whole; and a Citizen (says the same Author,) Lib. 5. c. 8 is he who is as well obliged to the duty of obeying, as he is capable of the power of commanding. And indeed he does obey whilest he does command, that is, he obeys the Laws, which (says Tully) Magistratibus præsunt, ut Magistratus præsunt Populo, are above the Magistrates, as the Magistrates are above the people. And therefore a Tyrant that submits to no law; but his will and lust are the law, by which he governs himself and others, is no Magistrate, no Citizen or member of any Society, but an Ulcer and a Disease that destroys it, and if it be rightly considered, a Common wealth by falling into a Tyrannie absolutely looses that name, and is actually another thing: Non est civitas quæ unius est viri (says Sophocles) that which is one mans, is no City. For there is no longer King and People or Parlement and People; but those names are changed (at least their natures) into Masters and Servants, Lord and Slaves: And Servoræ non Civitas erit sed magna Familia (says Grotius) Defur. bel. l. 3. c. 8 where all are Slaves, 'tis not a City but a great Family. And the truth is, we are all members of Whitehall, and when our Master pleaseth, he may send for us thither, and there bore through our Ears at the door posts. But to conclude, a Tyrant, as we have said, being no part of a Commonwealth, nor submitting to the laws of it, but making himself above all law: There is no reason he should have the protection that is due to a member of a Common-wealth, nor any defence from laws, that does acknowledge none. He is therefore in all reason to be reckoned in the number of those Savage Beasts, that fall not with other into any Heard: that have no other defence but their own strength; making a prey of all thats weaker, and, by the same justice, being a prey to all thats stronger then themselvs. In the next place, let it be considered, That a Tyrant making himself above all Law, and defending his injustice by a strength which no power of Magistrates is able to oppose; he becomes above all punishment, above all other justice, then that he receives from the stroak of some generous hand. And certainly, the safety of mankind were but ill provided for, if there were no kind of Justice to reach great villanies, but Tyrants should be Immanitate Scelerum tuti, secured by the greatness of their crimes. Our Laws would be then but Cobwebs indeed, made only to catch Flies; but not to hold Wasps or Hornets: And it might be then said of all Common-wealths, what was said of Athens; That there onely small Theeves were hanged, but the great ones were free, and condemned the rest. But he that will secure himself of all hands, must know, he secures himself from none: He that flies Justice in the Court, must expect to find it in the street: and he that goes armed against every man; arms every man against himself. Bellum est in eos, Qui judiciis coerceri non possunt, (says Cicero) WE have warr with those against whom we can have no law. The same Authour, Cum duo sint decertandi genera, &c. There being two wayes of deciding differences, the one by Judgment and Arbitration, the other by Force: the one proper to men, the other to beasts. We must have recourse to the latter, when the former cannot be obtained. And certainly by the Law of Nature, ubi cessat Judicium, when no Justice can be had, every man may be his own Magistrate, and do justice for himself. For the Law (sayes Grotius) that forbids me to pursue my right but by a course of Law: Grot. de ju. Bel. l. 1 c. 8. Certainly supposes, Ubi copia est Judicii, where Law and Justice is to be had: Ibid. otherwise that law were a defence for injuries, not one against them and quite contrary to the nature of all Laws, would become the protection of the guilty against the innocent, not of the innocent against the guilty. Now as it is contrary to the Laws of God and Nature, that men, who are partial to themselves, and therefore unjust to others, should be their own Judges, where others are to be had; Deut. 17. so it is as contrary to the Laws of Naure, and the common safety of mankind, that when the Law can have no place, men should be forbidden to repel force by force, and so to be left without all defence and remedy against injuries. God himself left not the slave without remedy against the cruel Master: And what Analogie can it hold with reason, that the slave that is but his Masters money; and but part of his Houshold staff, should find redress against the Injuries and Insolencies of an imperious Master, and a free people, who have no Superiour but their God, should have none at all against the injustice and oppression of a Barbarous Tyrant? And were not the incongruity fully as great, that the Law of God permitting every man to kill a Thief, if he took him breaking open his house in the night: because then it might be supposed he could not bring him to justice? But a Tyrant, that is the common Robber of mankind, and whom no law can take hold on, his person should be, Sacrosancta, cui nihil Sacrum aut Sanctum to whom nothing is Sacred, nothing Inviolable? But the Vulgar judge ridiculously like themselves. The glister of things dazles their Eyes, and they judge of them by their appearances; and the Colours that are put on them. For what can be more absurd in Nature, and contrary to all common sence, then to call him Thief and kill him, that comes alone, or with a few to Rob me: Exod. 21. And to call him Lord Protector and obey him, that robs me with Regiments and Troops? As if to rove with two or three ships were to be a Pirate, but with 50 an Admiral? But if it be the number of Adherents onely, not the cause, that makes the differences between a Robber and a Protectour: I wish that number were defined, that we might know where the Thief ends, and the Prince begins. And be able to distinguish between a Robbery and a Tax. But sure no English-man can be ignorant, that it his Birth-right to be Master of his own Estate; and that none can command any part of it but by his own grant and consent, either made expressly by himself, or Virtually by a Parliament. All other ways are meer Robberies in other Names: Auferre, Trucidare, Rapere, falsis nominibus imperium atque ubi solitudinem faciunt, pacem appelant: Exod. 22.2. To rob, to extort, to murder Tyrants falsly cal'd to govern, and to make desolation, they call to settle peace: in every Asseasment we are rob'd, the Excize is Robbery, the Custom's Robbery, and without doubt, when ever 'tis prudent, 'tis always lawful to kill the Thieves, whom we can bring to no other justice. Tacit. in Vid. Agric. And not onely lawful, and to do our selves right, but Glorious and to deserve of mankind, to free the world of that common Robber, that universal Pirat, under whom, and for whom, these lesser Beasts prey. This Firebrand I would have any way extinguisht. This Ulcer I would have any hand to lance. And I cannot doubt but God will suddenly sanctifie some hand to do it, and bring down that bloudy and deceitful man, who lives not onely to the misery, but the infamy of our Nation. I should have reason to be much less confident of the justice of this opjnion, if it were new, and onely grounded upon Collections and Interpretations of my own. But herein if I am deceived, I shall however have the excuse to have been drawn into that errour, by the examples that are left us by the greatest and most vertuous, and the opinion of the wisest and gravest men, that have left their memories to posterity. Out of the great plenty of Confirmations, I could bring for this Opinion, from Examples and Authorities; I shall select a very few: for manifest Truths have not need of those Supports; and I have as little mind to tire my self as my Reader. First therefore a Usurper that by onely force possesseth himself of Government, and by Force only keeps it, is yet in the State of War with every man, says the learned Grotius: de in Bel. lib. 1. c. 4. and therefore every thing is lawful against him that is lawful against an open Enemy, whom every man hath a right to kill. Hostis hostem occidere volui, says Sacævola to Porsena; when he was taken, after he had failed in his attempt to kill him; I am an Enemy, and an Enemy I would have kil'd, which every man hath a right to do. Luc. lib. 2. Contra publicos hostes, & Majestatis Reos, omnis homo miles est (says Tertullian,) Against Common Enemies and those that are Traitors to the Commonwealth, every man is a Souldier. This opinion on the most Celebrated Nations have approved , both by their Laws and Practises. The Grecian (as Xenophon tells us) who suffered not Murderers to come into their Temples, in those very Temples they erected Statues to those that kil'd Tyrants, thinking it fit to place their Deliverers amongst their Gods. Cicero was an Eye-witness of the Honours that were done such men, Græci homines, &c. Pro milone The Greeks (saith he) attribute the honours of the Gods to those that kil'd Tyrants: What have I seen in Athens, and other Cities of Greece! What Religion paid to such men! What songs! What Elogies! Plut. in Solon. By which they are Consecrated to Immortality, and almost Deified! In Athens, by Solon's Law, Death was not onely decree'd for the Tyrant that opprest the State, but for all those that took any Charge, Let his Highness Junto make this. De Repub.lib. 8 1a Publici or did bear any Office while the Tyranny remained. And Plato tells us the ordinary Course they took with Tyrants in Greece. If (says he) the Tyrant cannot be expuls'd by Accusing him to the Citizens; then by secret practises they dispatch him. Amongst the Romans the Valerian Law was, Si quis injussu populi, &c. Whosoever took Magistracy upon him, without the Command of the people, it was lawful for any man to kill him. Plutarch makes this Law more Severe, ut Injudicatum occidere eum liceret, Quis Dominatum concupisceret. That it was lawful by that Law, before any Judgement past, to kill him that but Aspired to Tyranny. Likewise the Consular Law which was made after the suppression of the Tyranny of the Decemvirate, made it lawful to kill any man that went about to create Magistrates, sine provocatione, &c. Without reference and appeal to the people. By these Laws and innumerable Testimonies of Authors, it appears; that the Romans with the rest of their Philosophy, had learned from the Grecians what was the Natural Remedy against a Tyrant: Nor did they honor those less that durst apply it. Who as Polybius says (speaking of Conspiracies against Tyrants) were not, Deterrimi civium, sed Generosissimi Quique, & Maximi Animi, not the worst and meanest of the Citizens, but the most Generous, and those of greatest vertue. Hist. lib. 6. So were most of those that conspired against Julius Cæsar. He himself thought Brutus worthy to succeed him in the Empire of the World: And Cicero, who had the Title of Pater Patriæ; if he were not conscious of the design; Yet he at least affected the honour of being thought so. Quæ enim Res unquam, &c. What act (says he) O Jupiter more glorious! more worthy of Eternal Memory, hath been done not onely in this City, but in the whole world! Phil. 2. In this design, as the Trojan Horse, I willingly suffer my self to be included with the Princes. In the same place he tells us, what all vertuous Romans thought of the Fact aswel as he. Omnes Boni, Quantum in ipsis fuit, Cæsarem occiderunt: aliis consilium, aliis animus, aliis occasio defuit, Voluntas nemini; All good men (saith he) as much as in them lay killed Cæsar: Some wanted Capacity, some Courage, others opportunity; but none the will to do it. But yet we have not declared the extent of their severity against a Tyrant. They exposed him to Fraud, as well as Force, and left him no security in Oaths and Compacts; that neither Law nor Religion might defend him, that violated both. Cum Tyranno Romanis nulla fides, nulla juris jurandi Religio, saith Brutus in Appian: Appian. lib. 7. de Benef. With a Tyrant the Romans think no Faith to be kept, observe no Religion of an Oath. Seneca gives the Reason; Quia quicquid erat, quo mihi cohæreret, &c. For what ever there was of mutual obligation betwixt us; his destroying the Laws of Humane Society, hath dissolv'd: so these that thought that there was in hostem nefas, that a villany might be committed against an Enemy: Sin. These that protest, non minus juste quam fortiter arma gerere to manage their Arms, with Justice as well as Courage: Id. These that thought Faith was to be kept even with the perfidious, Reguius Qui tongum semper fama &c. Sence. in exerc. 4.7. Mic. Ephes. ad 5 Nich. yet they thought a Tyrant could receive no Injustice, but to be let live; and that the most lawful way to destroy him, was the readiest. No matter whether by force or fraud; for against Beasts of Prey, men use the soil and the Net, as well as the Spear and the Lance. But so great was their detestation of a Tyrant, that it made some take their Opnions from their Passions; and vent things which they could but ill justice to their Morality, they thought a Tyrant had so absolutely forfeited all Title to Humanity, and all kind of Protection they could give him or his: that they left his wife without any other Guard for her Chastity, but Age and Deformity; and thought it not Adultery what was committed with her. Many more Testimonies might I bring; for 'tis harder to make choice, than to find plenty. But I shall conclude with Authorities that are much more Authentique; and Examples, which we may ma much more safely imitate. The Law of God it self decreed certain utique morietur vir ille Deut. 17.12. death to that man that would do presumptuously, and submit to no Decision of Justice. Who can reade this, and think a Tyrant ought to live? But certainly neither that, nor any other Law were to any effect, if there were no way to put it in execution. But in a Tyrants Case, Process and Citation have no place; and if we will onely have Formal Remedies against him, we are sure to have none. There's small hope of Justice, where the Malefactor hath a power to condemn the Judge. All remedy therefore against a Tyrant is Ebud's Dagger; without which, all our Laws were fruitless, and we helpless. This is that High Court of Justice where Moses brought the Egyptian: whither Ebud brought Eglon; Samson the Philistins; Samuel, Agag; and Jehojada, the She-Tyrant Athaliah. Let us a little consider in particular these several Examples, and see whether they may be proportioned to our purpose. First, as to the Case of Moses and the Egyptian; Exod. 2.11.12 certainly every English-man hath as much Call as Moses, and more cause then he, to slay this Egyptian that is always laying on burdens, and always smiting both our brethren and our selves. For as to his Call, he had no other that we read of, but the neccesity his brother stood in of his help. He look't on his brethrens burdens, and seeing an Egyptian smiting an Hebrew, knowing he was out of the reach of all other kind of Justice, slew him. Certainly this was, and is as lawful for any man to do, as it was for Moses, who was then but a private man, and had no Authority for what he did, but what the Law of Nature gives every man; to oppose Force to Force, and to make Justice where he finds none. As to the Cause of that action, we have much more to say then Moses had: He saw one Hebrew smitten, we many English men murdered; He saw his brethrens burdens, and their blows, We, our Brethrens burdens, imprisonments, and deaths. Now sure if it were lawful for Moses to kill that Egyptian that opprest one man, being there was no way to procure an ordinary course of Justice against him: It cannot be but absurd to think it unlawful to kill him (a) Vid. Et Governador Christiano. c. 8 p. 40 Qualquiera cuidadno me de repeter la fuerca &c. that oppresses a whole Nation, and one that Justice as little reaches as it defends. The example of Ebud shews us the natural and almost the onely remedy against a Tyrant, and the way to free an opprest people from the slavery of an insulting Moabite, 'tis done by prayers and tears, with the help of a Dagger, by Judg. c. 3. v. 11,19,20 crying to the Lord, and the left hand of an Ebud. Devotion and action go well together; for believe it, a Tyrant is not of that kind of Devil that is to be cast out by onely Fasting and Prayer. And here the Scripture shews us what the Lord thought a fit Message to send a Tyrant from himself: A Dagger of a Cubit in his belly, and every worthy man that desires to be an Ebud, a Deliverer of his Countrey, will strive to be the Messenger. V. 15 We may here likewise observe in this, and many places of Judges, that when the Israelites fell to Idolatry, which of all sins is one of the greatest; V. 20. God Almighty to proportion the punishment and the offence, still delivered them into the hands of Tyrants; which sure is one of the greatest of all Plagues. In the story of Samson 'tis manifest, that the denying him his wife, and after the burning her, and her Father, which though they were great, yet were but private injuries, he took for sufficient grounds to make war upon the Philistins, being himself but a private man, and not onely not assisted, but opposed by his servile Countreymen. Judg. 15. He knew what the Law of Nature allowed him; where other Laws have no place, and thought it a sufficient Justification for smiting the Philistins hip and thigh, to answer for himself, that as they did unto him, so had he done unto them. V. 11. Now that which was lawful for Samson to do against many Oppressours, why is it unlawful for us to do against one? Are our injuries less? Our Friends and Relations are daily murdered before our faces. Have we other ways for reparation? Let them be named, and I am silenc'd. But if we have none, the Fire-brand, or the Jaw-bone, the first Weapons, our just Fury can lay hold on, may certainly be lawfully employed against that uncircumcised Philistin that oppresses us. We have too the opposition and discouragements that Samson had, and therefore have the more need of his courage and resolution. As he had the men of Judah, so we have the men of Levi, crying to us out of the Pulpit, as from the top of the Rock Etam, Know you not that the Philistin is a Ruler over you? V. 14. The truth is, they would fain make him so, and bind us with Samson in new Cords; but we hope they become as Flax, and that they will either loose from our hands, or we shall have the Courage to cut them. Upon the same grounds of Retaliation did Samuel do justice with his own hand upon the Tyrant Agag. As thy Sword (says the Prophet) hath made women childless, so shall thy Mother be childless amongst women; nor is there any Law more natural and more just. 2. Sam. 15.23. How many Mothers has our Agag for his own ambition made childless? how many Children Fatherless? how many have this reason to hew this Amalakite in pieces before the Lord? And let his own Relations, and all theirs that are Confederates with him, beware, lest men come at last to revenge their own Relations in them. In Discors. They make many a woman husbandless, many a Father childless. Their wives may come at last to know what 'tis to want a husband, and themselves to lose their children. Let them remember, what their great Apostle Machiavel tels them; that in contestations for the preserving their Liberty, People many times use moderation; but when they come to vindicate it, their rigour exceeds all mean, like beasts that have bin kept up & are afterwards let loose, they always are more fierce and cruel. To conclude with the example Jehojada hath left us; 6 years he hid the right Heir of the Crown in the House of the Lord, & without all doubt, amongst the rest of Gods services there he was all that time contriving the destruction of the Tyrant, that had aspired to the Crown by the destruction of those that had the right to it. Jehojada had no pretence to authorize his action, but the Equity and Justice of the act it self. He pretended no immediate command from God for what he did nor any authority from the Sanedrin, and therefore any man might have done what Jehojada did as lawfully, that could have done it as effectually. 2 King 11. 2 Chron. 23. Now what citation was given to Athaliah, what appearance was she cal'd to before any Court of Justice: her fact was her trial she was without any expostulation taken forth of the Ranges, and onely let live, till she got out of the Temple, that that Holy Place might not be defiled by the bloud of a Tyrant, which was fitter to be shed on a dung-hill, and so they slew her at the Horse-gate. Chron. 23.14. And by the Kings house, the very White-hall where she had caused the Blood-Royal to be spilt, and which her self had so long unjustly possest, there by Providence did she receive her punishment, where she had acted so great a part of her crimes. How the people approved of this glorious action of destroying a Tyrant, this Chapter tells us at the last v. And all the people of the Land rejoyced, and the City was quiet, after they had slain Athaliah with the sword. 2 Chron. 23.14. And that it may appear they no less honoured the Authours of such actions, then other Nations did; as in his life-time they obeyed Jehoiada as a King, so after his death, for the good he had done in Israel (saith the Scripture) they buried him amongst the Kings. 2 Chron. 34.16. I must not conclude this story without observing that Jehojada commanded, that whosever followed Athaliah should be put to death. Letting us see what they deserve that are Confederates with Tyrants and will side with them, and but appear to defend them, or allow them, his Highness his Councel, his Junto, and the Agaes of his Janizaries, may, if they please, take notice of this, and repent, least they likewise perish. And likewise his Highness his Chaplains, and Tryers, who are to admit none into the Ministry that will preach liberty with the Gospel; may, if they think fit, observe, that the Tyrant fell Mattan the Priest of Baal. And indeed none but Baals-Priests will preach for Tyrants. And certainly those Priests that Sacrifice to our Baal, our Idol of a Magistrate, deserves as well to be hang'd before their Pulpits, as ever Mattan did to fall before his Altars. Mr. Sindercomb's Judge and Jury may likewise consider of this point. I should think now I had said much more then enough to the second question, and should come to the third and last I proposed in my Method; but I meet with two Objections lying in my way: 2 Chron. 23.17. Object. 1. The first is, That these examples out of Scripture, are of men that were inspired of God, and that therefore they had that Call and Authority for their Actions, which we cannot pretend to, so that it would be unsafe for us to draw their actions into examples, except we had likewise their Justification to alledg. Object. 2. The other Objection is, that there being now no opposition made to the Government of his Highness, that the people following their callings, and trafficque, at home and abroad, making use of the laws, & appealing to his Highnes courts of justice: That all this argues the peoples tacit consent to the Government; and that therefore now tis to be reputed lawful, and the peoples obedience voluntary. Sol. 1. To the first I answer with learned Milton, that if God commanded these things, 'tis a sign they were lawful and are commendable. But secondly, as I observed in the Relations of the examples themselves; Neither Sampson nor Samuel alledged any other cause or reason for what they did, but retaliation, and the apparent justice of the actions themselves. Nor had God appeared to Moses in the Bush when he slew the Egyptian; nor did Jehajada alledg any Prophetical Authority or other Call to do what he did, but that common Call which all men have, to do all actions of Justice that are within their power, when the ordinary course of Justice ceases. Sol. 2. To the second my answer is, that if commerce and pleadings were enough to Argue the people's consent, and give Tyrannie the name of Government, there was never yet any Tyrannie of many weeks standing in this world. Certainly, we then extreamly wrong Caligula and Nero in calling them Tyrants, and they were Rebels that conspired against them; except we will believe, that all the while they reign'd in Rome, they kept their shops shut, and opened not their Temples, or their Courts. We are likewise with no lesse absurdity to imagine, that the whole 18 years time which Israel served Eglon, and 6 years that Athaliah reigned, that the Israelites quite desisted from traffique, pleadings and all publique acts: otherwise Ehud and Jehoiada were both Traytors, the one for killing his King, the other his Queen. Third Question. Having shewed what a Tyrant is, his Marks and Practises; I can scarce perswade my self to say any thing to that I made my third Question, Whether the Removing of him is like to prove of Advantage to the Common-wealth or not? for methinks 'tis to enquire whether 'tis better the man die, or the Imposthume be launch'd, or the Gangræn'd Limb be cut off? But yet there be some, whose Cowardice and Avarice furnish them with some Arguments to the contrary; and they would fayn make the world believe, that to be base and degenerate, is to be Cautious and prudent: and what is in truth a servile fear, they falsely call a Christian patience. It will not be therefore amiss, to make appear, that there is indeed that necessity, which we think there is, or saving the Vineyard of the Common-wealth, if possible, by destroying the wild Boar that is broke into it. We have already shewed, that it is lawful; and now we shall see, whether it is expedient. First I have already told you, That to be under a Tyrant, is not to be a Common-wealth, but a great Family, consisting of Master and Slaves. Vir bone servorum nulla est usquam civitas, sayes an old Poet, A number of Slaves makes not a City. So that whilest this Monster lives, we are not members of a Commonwealth, but only his living tools and Instruments, which he may employ to what use he pleases. Serve tua est fortuna, Ratio ad te nihil, sayes another; Thy condition is a Slaves; thou art not to enquire a Reason; nor must we think we can continue long in the condition of slaves, and not degenerate into the habits and temper that is natural to that condition: our minds will grow low with our fortune; and by being accustomed to live like slaves, we shall become unfit to be any thing Else, Etiam fera animalia si clausa teneas virtutis obliviscuntur , sayes Tacitus the fiercest creatures by long constraint, lose their courage. And sayes Sir Francis Bacon, the blessing of Issachar and that of Judah, falls not upon one people, to be Asses crouching under Burdens, and to have the Spirit of Lyons. And with their courage 'tis no wonder if they lose their fortune as the Effect with the cause, and Act as Ignominiously abroad, as they suffer at home. 'Tis Machiavel's Discor. l. 1. c. 24. observation, That the Roman Armies that were always victorious under Consuls, All the while they were under the slavery of the Decemviri never prospered. And certainly people, have Reason to fight but faintly, when they are to gain a victory against themselves; when every success shall be a confirmation of their slavery, and a new linck to their chain. But we shall not only lose our Courage which is a useles and unsafe vertue under a Tyrant, but by degrees we shall, after the example of our Master, All turn perfidious, Deceitful, Irreligious, flatterers, and what ever else is villanous and Infamous in Mankind. See but to what a degree we are come to already. Can there any Oath be found so fortified by all Religious Tyes; which we easily find not a Distinction to break, when either Profit or Danger perswades us to it? Do we Remember any Engagement? or if we do, have we any shame to break them? Can any Man think with patience upon what we have profest, when he sees what we Vilely do, and Tamely Suffer? What have we of Nobility amongst us but the name, the luxury and the vices of it? poor wretches, these that now carry that title, are so far from having any of the vertues, that should grace, and indeed give them their titles, that they have not so much as the generous vices that attend greatness, they have lost all Ambition and Indignation. As for our Ministers, what have they, or indeed desire they, of their Calling, but the Tythes? Dr. Locker. Dr. Owen. Mr. Jenkins, &c. How do these horrid prevaricators search for distinctions to peece contrary Oaths? How do they Rake Scriptures for flatteries? And Impudently Apply them to his monstrous Highness? what is the City but a Great Tame Beast, that eats and Carries, and cares not who Rides it? What's the thing call'd a Parliament but a Mock? Composed of a people that are only suffered to sit there, because they are known to have no vertue, After the Exclusion of all others that were but suspected to have any? What are they but pimps of Tyranny, who are only Imployed to draw In the people to prostitute their Liberty? What will not the Army fight for? What will they not fight against! What are they but Janizaries, slaves themselves; and making all others so? what are the people in general but Knaves, Fools, and Cowards; principled for Ease, Vice and Slavery? This our temper, his Tyranny hath brought us to already; and if it continues, the little vertue that is yet left to stock the Nation, must totally extinguish, and then his Highness hath compleated his work of Reformation. And the truth is, till then his Highness cannot be secure. He must not endure vertue, for that will not endure him: He that will maintain Tyranny, must kill Brutus, sayes Machiavell. A Tyrant, sayes Plato, Disc. l. 3. cap. 3. must dispatch all vertuous persons, or he cannot be safe; De Repub. lib. 8. so that he is brought to that unhappy necessity, either to live among Base and wicked persons, or not to live at all. Nor must we expect any Cure from our patience, Inganno si gli huomini , sayes Machiavel, Disc. lib. 2. cap. 14. credendo con la humilit à vincere la superbia . Men deceive themselves, that think to mollifie Arrogancy with humility; a Tyrant's never modest but when he's weak; 'tis in the winter of his fortune when this Serpent bites not: we must not therefore suffer our selves to be couzened with hopes of his amendment: for Nemo unquam Tacit. Hist. lib. 1. Imperium flagitio quæsitum, bonis artibus exercuit ; Never did any man manage that Government with Justice, that got it by Villany. The longer the Tyrant lives, the more the Tyrannical humour increases in him, sayes Plato, de Repub. lib. 9. like those Beasts that grow more curst as they grow old. New occasions daily happen, that necessitate them to new mischiefs, and he must defend one Villany with another. But suppose the contrary of all this, and that his Highness were vi Dominationis convulsus, & mutatus, changed to the better by great fortune, (of which he yet gives no symptons) What notwithstanding could be more miserable, then to have no other security for our liberty, no other law for our safety, than the will of a man, though the most just living? we have all our beast within us, and whosoever (sayes Aristotle) Cic. Phil. 4. is governed by a man without a Law, is governed by a man and by a beast. Etiam si non sit molestus Pol. lib. 3. cap. 11. Dominus; tamen est miserrrimum posse si velit , sayes Tully, Though a Master does not Tyrannize, yet 'tis a miserable thing that 'tis in his power to do so if he will. If he be good, so was Nero for five years, and how shall we be secure that he will not change? Besides, the power that is allowed to a good man, we may be sure will be claimed and taken by an ill. And therefore it hath been the custome of good Princes, Lycurgus Theopomp. Plut. in Lycurg. to abridge their own power, it may be distrusting themselves, but certainly fearing their Successours, to the chance of whose being vertuous, they would not hazard the welfare of their people. An unlimited power therefore is to be trusted to none; which if it does not find a Tyrant, commonly makes one: or if one uses it modestly, 'tis no argument that others will; and therefore Augustus Cæsar must have no greater power given him, then you would have Tiberius take. And Vid. Orat. Cæsaris in Salust consp cat. Cicero's moderation is to be trusted with a consideration, That there are others to be Consuls as well as he. But before I press this business farther, if it needs be any farther prest, that we should endeavour to rescue the honour, the vertue and liberty of our Nation, I shall answer to some few Objections that have occurred to me. This I shall do very briefly. Some I find of a strange Opinion, That it were a generous and a noble action to kill his Highness in the field; but to do it privately they think it unlawful, but know not why. As if it were not generous to apprehend a Theef, till his sword were drawn, and he in a posture to defend himself and kill me. But these people do not consider, that whosoever is possest of power any time, will be sure to engage so many either in guilt or profit, or both, that to go about to throw him out by open force, will very much hazard the total ruine of the Common-wealth. A Tyrant is a Devill that tears the body in the exorcising; and they are all of Caligula's temper, That if they could, they would have the whole frame of Nature fall with them. Sueton in vit. Calig. 'Tis an opinion that deserves no other refutation, then the manifest absurdity of it self; that it shoulde be lawful for me to destroy a Tyrant with hazard, blood, and confusion, but not without. Another Objection, and more common, is, the fear of what may succeed if his Highness were removed. One would think the World were bewitched. I am fallen into a ditch, where I shall certainly perish if I lye, but I refuse to be helpt out for fear of falling into another; I suffer a certain misery for fear of a contingent one, and let the disease kill me, because there is hazard in the cure. Is not this that ridiculous policy, Ne mortare, mori ; To die for fear of dying. Seneca. Sure, 'tis frenzy not to desire a Change, when we are sure we cannot be worse; Et non incurrere in pericula, ubi quiescenti paria metuuntur , and not then to hazard, when the danger and the mischiefs are the same in lying still. Hitherto I have spoken in general to all English-men; Now I address my discourse particularly to those that certainly best deserve that name, Our Selves, that have fought, however unfortunately, for our Liberties under this Tyrant; and in the end couzened by his Oaths and Tears, have purchased nothing but our slavery with the price of our blood. To us particularly it belongs to bring this Monster to Justice, whom he hath made the Instruments of his Villany, and sharers in the Curse and Detestation that is due to himself from all good men. Others onely have their Liberty to vindicate; We, our Liberty and our Honour. We engaged to the People with him, and to the People for him, and from our hands they may justly expect a satisfaction of punishment, being they cannot have that of performance. What the People at present endure, and Posterity shall suffer, will be all laid at our doors: for onely We under God have the power to pull down this Dagon which we have set up. And if we do it not, all Mankind will repute us Approvers of all the Villanies he hath done; and Authors of all to come, Shall we that would not endure a King attempting Tyranny, shall we suffer a profest Tyrant? Cic. in Epist. ad Octav. We that resisted the Lyon assailing us, shall we submit to the Woolf tearing us? If there be no remedy to be found, we have great reason to exclaime; utinam te potius (Carole) retinuissemus quam hunc habuissemus, non quod ulla fit optanda servitus, sed quod ex Dignitate Domini minus turpis est conditio servi; We wish we had rather endured thee (O Charles) then have been condemned to this mean Tyrant; not that we desire any kind of slavery, but that the Quality of the Master something graces the condition of the slave. But if we consider it rightly what our Duty, our Engagements, and our Honour exact from us, both our Safety and our Interest oblige us to, And 'tis as unanswerable, in us, to discretion, as 'tis to vertue, to let this Viper live. For first he knowes very well, 'tis onely we that have the power to hurt him, and therefore of us he will take any course to secure himself: he is conscious to himself how falsly and perfidiously he hath dealt with us, and therefore he will alwayes fear that from our revenge, which he knowes he hath so well deserved. Lastly, he knowes our Principles, how directly contrary they are to that Arbitrary power he must govern by, and therefore he may reasonably suspect, that we that have already ventured our liues against Tyranny, will alwayes have the Will, when we have the opportunity, to do the same again. These Considerations will easily perswade him to secure himself of us, if we prevent him not, and secure our selves of him. He reads in his Practise of Piety, Macb. Pr. c. 5. chi divine Patron , &c. He that makes himself master of a City, that hath been accustomed to Liberty, if he destroyes it not, he must ecpect to be destroyed by it. And we may read too in the same Authour, and believe him, that Ibid. c. 3. those that are the occasion that one becomes powerful; alwayes ruines them, if they want the Wit and Courage to secure themselves. Now as to our Interest, we must never expect that he will ever trust those, that he hath provoked and feared: He will be sure to keep us down, lest we should pluck down him. 'Tis the Rule that Tyrants observe, when they are in power, never to make much use of those that helpt them to it, and indeed 'tis their Interest and security not to do it: for those that have been the authors of their greatness being conscious of their own merit, they are bold with the Tyrant, and lesse industrious to please him. They think all he can do for them is their due, and still they expect more: and when they fail in their expectations, (as 'tis impossible to satisfie them) their disappointment makes them discontended, and their discontents dangerous. Therefore all Tyrants follow the example of Dionysious, who was said to use his friends, as he did his Bottles, when he had use for them, he kept them by him; when he had none, that they should not trouble him and lie in his way, he hung them up. But to conclude this already over-long Paper, let every man to whom God hath given the Spirit of Wisdome and Courage, be perswaded by his Honour, his Safety, his own Good and his Countries, and indeed the duty he owes to his Generation, and to Mankind, to endeavour by all Rational means to free the World of this Pest. Let not other Nations have the occasion to think so meanly of us, as if we resolved to sit still and have our Ears bored: or that any discouragement of disappointments can ever make us desist from attempting our Liberty, till we have purchased it, either by this Monster's death, or by our own. Our Nation is not yet so barren of vertue, that we want noble examples, to follow amongst our selves. The brave Sindercombe hath shewed as great a mind, as any old Rome could boast of; and had he lived there, his name had been registred with Brutus, and Cato; and he had had his Statues as well as they. But I will not have so sinister an opinion of our selves (as little Generosity as Slavery hath left us) as to think so great a vertue can want its Monuments even amongst us. Certainly, in every vertuous Mind there are Statues rear'd to Sindercombe. When ever we read the Elogies of those that have dyed for their Country; when we admire those great Examples of magnanimity, that have tired Tyrants cruelties: When we extoll their constancyes whom neither bribes nor terrours could make betray their Friends: 'Tis then we erect Sindercombe Statues, and grave him Monument: Where all that can be said of a great and noble mind, we justly make an Epitaph for him. And though the Tyrant caused him to be Smothered, lest the people should hinder an open Murder, yet he will never be able either to smother his memory, or his own Villany. His Poison was but a poor and common device to impose only on those that understood not Tyrants practises, and are unacquainted (if any be) with his cruelties and falshoods. He may therefore if he please, take away the Stake from Sindercomb's Grave; and if he have a mind it should be known how he dyed, let him send thither the Pillowes and Feather-bedds with which Barkstead and his Hangman smothered him. But to conclude, Let not this Monster think himself the more secure, that he hath supprest one great Spirit, And what may Cicil and Toop expect for their Treachery and Perjury? he may be confident, that Longus post illum sequitur ordo idem petentium decus. There's a great Rowl behind, even of those that are in his own Muster-Rolls, that are ambitious of the Name of the Deliverers of their Countrey: and they know what the Action is that will purchase it. His Bed, his Table is not secure; and he stands in need of other Guards to defend him against his own. Death and destruction pursues him wheresoever he goes: they follow him every where, like his fellow-travellers, and at last they will come upon him like armed men. Job. 20. Darkness is hid in his secret places, a Fire not blown shall consume him; it shall go ill with him that is left in his Tabernacle. He shall flee from the Iron weapon, and a bow of Steel shall strike him through. Because he hath oppressed, and forsaken the poor; because he hath violently taken away a House White-hall. HamptonCourt, &c. which he builded not: We may be confident, and so may he, that ere long, all this will be accomplisht: V.5. For the Triumphing of the wicked is but short, and the joy of the Hypocrite but for a moment. Though his Excellency He hath now left that Title for Highness; and will shortly leave that for King. mount up to the Heavens, and his Head reacheth unto the Clouds, yet he shall perish for ever like his own dung. They that have seen Him, shall say, Where is He? I Heartily wish for Englands sake, that your number may be far greater then I fear it is; and that his Highness his frequent purgations may have left any amongst you, that by these Characters are concern'd in this Dedication. That I and all men have reason to make this a doubt, your own action, as well as your tame sufferings do but too plainly manifest. For you that were the Champions of our Liberty, and to that purpose were raised, are not you become the instruments of our slavery? and your hands that the people employ'd to take off the yoak from off our necks, are not those very hands they that now put it on? Do you remember that you were raised to defend the Priviledges of Parliament, and have sworn to do it; and will you be employed to force Elections, and dissolve Parliaments, because they will not establish the Tyrants iniquity, and our slavery by a Law? I beseech you think upon what you have promised and what you do, and give not Posterity as well as your own Generation, the occasion to mention you with Infamie, and to cause that unfortunate valour, and success of yours, that onely hath gained victories (as you use them) against the Common-wealth. Could ever England have thought to have seen that Army that was never mentioned without the titles of Religious, Zealous, Faithful, Couragious, the fence of her liberty at home, the Terrour of her enemies abroad; Become her Goalers? not her Guard, but her oppressors? not her Souldiers, but a Tyrants Executioners, drawing to blocks and gibbets all that dare be honester then themselves? This you do; and this you are; nor can you ever redeem your own honour, the trust and love of your Country, the estimation of brave men, or the prayers of good; If you let not speedily the World see that you have been deceived; which they will onely then believe, when they see your vengeance upon his faithless head that did it. This if you defer too long to do, you will find too late to attempt, and your Repentance will neither vindicate you, nor help us. To let you see you may do this as a lawful action, and to perswade you to do it as a Glorious one, is the practical intent of this following Paper: Which, whatever effects it hath upon you, I shall not absolutely fail of my ends; for if it excites not your vertue and courage, it will yet exprobater your cowardice and baseness. This is from one that was once amongst you, and will be so again when you dare be so as you were.

Politics

To all Officers and Souldiers of the Army, that remember their Engagements, and dare be honest.

Killing, no murder [...]

PolB1660

HOw doth the Press labour (in this Scribling age) under the burthen which is put upon it, by every wilde and brain-sick fancy of our Republican Candidates; each of them, according to the length of that Worm which is crawling in his head, flinging in his Paper myte, though of never so base and counterfeit stuff, towards the erection of that, which is supposed in his opinion, but to look like matter of Defence, for this Utopian thing, of a Common-wealth, so much noysed and talked on amongst us, Though to sober and judicious persons, It cannot but be known, that the least blast proceeding from unbyassed, solid, and impartial truth, and prudence, scatters (as to us of this Nation) all those empty Nothings which seem to make such a fine and Gawdy shew, into meer ayr and bubble: For, let the pyth and substance of all, even the best of that matter (for some there is so frothy and full of filth that the very reading of it nauseates) that hath been said or writ on this subject be pickt out, and but narrowly survey'd and considered, and what doth it all amount to, more, than what (as it relates to us) the applying of one short Distinction, takes off the edge of all in it, which looks like any thing of Logick or Sense. It may surely be acknowledged, That, It is possible, a People may live happily enough, under any of the three chief forms mentioned in Story, viz. Monarchy, Aristocracy, or Democracy, so they have good Laws, and good Magistrates. The form in that case, doth not perhaps much add, or diminish; But to prefer any of the two last, before the first, is to deny that faith and experience which all good History hath taught us; And, as the case stands in this Nation, where Monarchy is more ancient than History it self, and so venerable and acceptable to the spirit and genius of the whole body of the People, of all sorts, our Laws (the absolutely best in the Christian world) being graffed into that stock, and having their birth and breeding under that happy Government, To attempt, or any way affect, the Desired alteration, were nought else but to Renounce and bid Defiance to our reason and understanding. Were we a people newly Dropt from the Clouds, and now to begin the setling of a frame of Government for our selves, The best Directions, we could gather from all that hath hitherto been said, or indeed possibly can be excogitated, by the wit and invention of man, to recommend us to that, which some persons for their vile and ugly interest and ends so much hanker after, hath their whole fabrick built upon such suppositions as no rational or prudent man can possibly suppose all arguments for it; Taking for granted, That, which never was, is, or indeed can be found, amongst men clothed with corrupt Mortality: But when we are already under such a constitution as is premised, and which is the chief matter of the subsequent Discourse, To ravel all our Laws, Dig up such ancient Foundations, and unsettle that firm Bottom, which hath for so many ages rendred us an opulent, famous and flourishing people: It would be such a peece of folly and madness, That any Potent neighbour Prince, may surely have just cause to think that by the Law of Nations he may invade and possess our properties, upon the Title, score, and accompt of Idiotism, Lunacy, or Phrensie. It is possible, That some (otherwise very eminent and worthy persons) may by the subtilties and insinuations of others, be so far mislead, as to think very gloriously of that which is so much talked on, and so little understood, A Free State, or Common-wealth; and that the true and real essentials thereof cannot be had, and enjoyed, but in, and under such a popular frame and constitution as they fancy. These subtle men know well enough, that there is no easier way to cheat us out of our best condition than by the hopes of enjoying it in a better manner, and under a fuller freedome: And some of them know also, as well as the best sort of their bribed Pen-men, That there is a great and vast difference between the form of a thing, and the essence of it; The confounding and not distinguishing whereof, in our considerations upon that subject: But being so presented, as if the one were not to be had without the other, is that, which gives them such advantage to insinuate their corrupt and crafty beguilings to such upon whose capacities and understandings they have hope to impose and prevail: And although their owne sinister and vitious ends therein, is so manifest and notorious, every body knowing well their inclination, temper, and disposition, and what it is, they hereby aim at, viz. Not to be in the least hazard or fear of punishment, or restitution, for whatsoever acted or rapin'd by them, during the late shakings and convulsions of the Times; for though they are or may be undoubtedly assured, of an absolute obsolute and certain indempnity, and a full and free injoying of what they are so fearful to be deprived of, yet (oh the fright and terrour of a guilty Soul!) That will not serve the turn, They cannot rest in quiet, nor injoy any calm thoughts, unless they tare up all by the roots, and utterly demolish all footsteps of that Government and those Laws, which may in any sort continue the least of fear, hazard, or danger upon them: And whatever other fair and specious pretences are made, of a Free State, and Common-wealth, and other glorious and glossy things, to delude and captivate vulgar apprehensions; Yet their own consciences cannot but tell them, That from this currupt stem and root alone, springs all these fine, Gawdy and Republican leaves and blossomes; For this is openly manifest, That whilst some Grandees of this sort sat at the sat tat he stern, although their discords in all other things were almost infinite, yet they still agreed in this, to destroy our fundamentals in order to complete their designs, and secure there own empty and pannick fears and jelousies; which ingaged all sober and judicious persons, to detest their way and courses, and more firmly unite themselves, to the true loyal interest, as abhorring those violent confusions, and destracting alterations, amongst us, which they saw this Free state or Republick must of necessity introduce: Now, that this their fallacies, of thus contunding the formalities, and essentials, of a Common-wealth together; And insinuating the non-possibility, as it were, of the one to be without the other, may the more clearly and fully appear: Let us reflect a while upon the Government here amongst us, as it stood twenty years ago; which though truly Monarchical, yet did it by a frequent Refining of it self upon several occasions (rejecting the evil, and retaining the good of all the known best Governments in the world) raise it self to such a mirrour of perfection, That it became the envy of Monarchies, and shame of all Common-wealths, who therein might behold themselves so ecclipsed and silenced in all the pretentions to Liberty and Freedom; That it might be truly asserted of us, That with the most Choyce and signal ornaments of the Noblest Kingdomes, we injoyed all the Immunities and Priviledges, of A Free State, and Common wealth. And although All nations have their several and peculiar Rights and Freedoms, yet none so truely free as the people of England, can they be but so happy, as to keep their fundamental Laws inviolate and unshaken. The Excellency of these our Rights and Freedoms, consist principally in these Particulars following, These are the chief heads of the Rights, Freedoms, and Liberties of the People of this Nation firmly setled and established, under Monarchy, which together with other particulars, collectable out of that above thirty times confirmed Magna charta, and the Petition of Right, and what were granted by the late King, in his last and never to be forgotten Parliament, sure such a stock of Immunity and Freedom for a people, that all the Free-states, and Common-wealths, that are, or ever were, extant, in any place throughout the whole universe, may be justly challenged to shew if they can, the like Liberty and Freedom for their Citizens and Subjects: We may truly say, that the Peoples Liberty walks with equal pace at least, and stands upon as firm if not firmer ground, than the Soveraigns Prerogative, nor are they esteemed less tender and sacred; For upon the least infringement, or violation of what belongs to the people, in point of Liberty and Immunity, far more loud alarms have been alwayes given to the whole Nation, Then have been taken by Sovereignty Soveraigntive , when the very bowels of Prerogative have been deeply gashed, and in a manner quite torn out. Some experience, we have of late years had, of a Common-wealth (as it was called) here amongst us, viz. from 1648, to 1653, and strange unknown Guardians it had set over it, and as strange and unheard of acts of violence, and arbitrary exorbitancy; It was most freequently guilty of, such as have cause enough to be by all remembred, and surely cannot easily be forgotten; And so, though in a very faint and staggering condition, it continued acting its illegal cruelties, upon all occasions, and that with all severity, until that fate befell it; which happens to most of that sort, and kind, though of far better frame and constitution than can possibly be ever expected amongst us, which is, that unless it can Truckle under some potent Neighbour Prince, shall be sure to be invaded by Usurpation, debauched by Oligarchy, or confounded by Anarchy: And this, how often since, it hath in this short time been our own case, it may with sadness enough be remembred by us; For how is it probable, or indeed possibly to be expected, that any Government erected and established by inequality and force (as ours must needs be, if we desert our old foundation) can ever subsist and fasten, without an exorbitant and all-devouring power, and force to uphold and maintain it; And on whose shoulders the burthen of that must needs lye, (the grand and standing Treasury and Revenue being exhausted, and squandred into private hands, and all publick Monies (or rather indeed Rapines) passing through the pitchy claws of such State harpies as we have already had experience of, and such or their like as cannot but be expected hereafter) it is easy enough to be conjectured; In which, and manifold other respects, It is impossible to be imagined otherwise in reason, but that the little fingers of our upstart Lords and States-men Staes-men , of such an empty new-rising State (be the Rota, or whymsical wheel terning or standing still) cannot possibly but prove more heavy and weighty to a tame and tired people, then the whole loyns of a Free born Heir, and of an ancient Monarchy setled as this is, whose Reputation, Title, and Self-sufficiency, will be supersedeas enough to the peoples discharge, of whatsoever may but look like oppression to them: And should we after all our expence, Toile, Torments of faction, and such emptying of our selves, fix and settle at length, into such a degree of possible permanency, as that we may but seem to stand a high-lone, though with the prop of an army (For that in no case must be left out) what Alarms and excitements should we presently give to all our neighbours, by our new upstart and strange shape? What State solœscisme should we be guilty of, and very probable provocations to all our best Allies? And their being several Dormant accompts, in the memorials of Princes abroad, who watch but for their opportunity and advantage, can it in reason or prudence be otherwise imagined, but that in the conclusion, we must be forced to admit of theirs, or at best our own Soveraigns conquest upon us: Besides, how will our State craftsmen fodder up the business, about those two ancient Monarchies of Scotland and Ireland: And whether they will be long contented (if at all) to Truckle under such a half, (or rather no) headed Bedsted as ours is like to be, and that without either Curtaines or Valence to it, when they may have a rich and royal Canopy, and Cloth of State of their own, That would surely do well to be enquired into, and to have us assured of. By what is premised, we may somewhat guesse at the cheat which would be put upon us, by those partially Byassed, and self-interessed men, who make this noyse and stir by themselves and their hyred Advocates, of all sorts, subtle, and silly, about this businesse of a Common-wealth which will be more illustrated upon farther contemplation of that happinesse which we and our Ancestors have so long enjoyed, under that Celestial form of Government (Monarchy) our Lives, Liberties and Estates being under it, so well and amply secured by our Lawes, that what people was there under Heaven, that might with truth and sincerity, boast of a more flourishing and happy condition than we were in, till Ambition and Faction entred amongst us, and rent and tore in pieces, all the Gards and Seams, which linkt and bound us together, and which adorned and filled us with such beauty, health, vigor and prosperity, that we were become the envy and wonder of the whole Christian world. And that which hath been by those rotten, and self-interessed men, so often imputed to Monarchy, and Kingship, (Tyranny) so fast and strongly tyed and chained up by our Lawes, from doing hurt or prejudice to us, in our best and deerest concerns, that we were become, even dainty, nice and wanton in our felicities; such a Cornu Copia, or Catholicon, of welfare, and happinesse, our Prince and Soveraignes gentle power was to us, that whilst it enjoyed its just justs Rights, we received thence all the benefits of plenty, ease, and quiet, that possibly could be imagined. It was our curb to Tumults, our Moderator to Factions, our Sanctuary Sanctnary for Remedies of all sorts, our assured preventer of Mischiefs, it topp'd Usurpation, administred Justice, afforded Equity, and indulged Clemency and Mercy: It was the very joy of our Hearts, and the breath of our Nostrils, and what is it but a kinde of black, hideous, and mischeivous Envy (had I said Blasphemy, there is good warrant for it in Holy Writ) to despise, reject, and kick against it, and so against Heaven it selfe. Monarchy being the sole and onely Government ordained by God, and Kings and Kingdomes, his alone institution and planting, as is cleer by the whole current of Sacred Scripture, from Adam even till the Primitive Church after Christ; and Republiques, States, and such like, a meer depraved Institution of Man, for corrupt and sinister ends; and as it was, and is established here amongst us, so bounded by Law, and exempt from Tyranny, that it could not so much as oppresse a poor harmless Orphan. No Sheriffe, Constable, or Bailiffe, but was more terrible, powerfull, and petulant, in their severall and distinct wayes and powers, than the Soveraigne himself, and less subject to the curb, rule, and guidance of Law, in most of their actions and administrations: He neither made Lawes in his personall capacity, neither did he execute or interpret them. No Judge stood in awe of his single command, to justifie the least trespass. Nothing was more true than that great and general Maxime, That the King could do no wrong; for in the case cose of any wrong done, the presumption of Law was, That he did it not, but his Officers or Agents were accomptable, and responsal to the Law for it; his Power was so limited by his Justice, that his displeasure could streighten no mans liberty, but the Law would relieve him by a Habeas Corpus, which the Judge durst not deny. And yet this Innocuous, meek and gentle Authority, for the vile, base, and corrupt ends, of some bloody, covetous, and ambitious persons, must be branded with the odious name of Tyranny, and all the filth that can be cast up from their Rankerous Lungs must be flung upon it. 'Tis true, a Negative voice the Soveraigne had in the passing of Laws, but what (upon due consideration) did it signifie, but a meer weapon of defence, to shield the Government from being prostituted to alteration, at the will and pleasure of inferiority. And doth not late times tell us, there was a just necessity for it? and was there not such an equivalent awe and power in the People for this Negative voice, that as they could pass no Law without him, so could not he without them? besides, was not the publick purse in their hands, and dispose, to engage him to pass what they had a minde to? Were not all the Officers, and Ministers of State, and others, appointed by him, accomptable to Parliaments, and to the Laws? or was it in his power to save any of them, or yeild him the least skreen, shelter or protection, in case they stood obnoxious. The Militia and Nations Sword he wore indeed, for decency sake only, but could not draw it for the oppression of the People, but by their own consents, he having no mercenary Redcoats at his command; but the Armes of the Nation were in the hands of men of Estate and interest, the Officers being Gentlemen commonly of the better sort and quality, and the Soldier a Yeomen or Farmer at least. All of them such, as cannot in reason be conceived to joyne against Law, with the Lust and Ambition (could such a thing possibly be) of any single person of what quality soever, to abridge and destroy any just Freedome, they enjoyed as their Birth-right. This was the state and condition of the Militia, and Armes and Force of the Nation, in those happy dayes of exercised Monarchy amongst us, which right or wrong, be the truth what it will, and never so manifest and notoriously known to be so, yet must, and shall by some, be still called Tyrannical; whereas ever since these blessed Halcion times, how have we found the case to be altered in that, and all other particulars, since this Rumble of a Free State, and Common-wealth hath brolled in our heads, especially when Fanatick Saintship and profession came in to bear sway amongst us? And the Good old Cause-mongers brought in their Canting Tones, and Phrases, which, like Gipsies, they used to know one anothers mindes by, whilst they munged the peoples Noses, and publiquely pickt their pockets. What strange and unheard of violences, and outrages have our eyes beheld committed by those, who under such bare our Armes, and were paid for it by us, and in stead of protection and defence to us, as in the dayes of our Monarchy duly exercised? what awe, dread and terror, did such keep the whole Nation under, from the highest to the lowest, of all sorts and qualities? But why is that mentioned, which is in a manner the least of perversions, and a kind of a Peccadillo, to those many other grand and piacular Crimes and Offences, Rapines, Murthers, hideous and unparallel'd oppressions of all all all sorts and kinds, which have been our lot and portion ever since we were made so unhappy, as to be deprived of our old Government, and Royal Race of Governours, and became slaves and bondmen to a generation of such State Empericks, pretending cure and healing to those wounds, which themselves (for cursed ambitious ends) had made; As that certainly none then we, have more rightly imitated the Dog in the fable, That have lost the substance of an opulent flourishing and happy Free State and Common-wealth Comm-wealth , which really and indeed we injoyed in all its essentials, and perfections, and caught, and embraced onely, an empty shadow, and sound of one in our ears (which (whatever may be pretended) is all we are ever like to enjoy, under any Government but our old one) when our Estates, Liberties, Bodies, Lives; nay, our very Souls have been, Torn, Harrassed Herassed , Oppressed, Buchered, and Tortured, under the several vicissitudes, of all the most Tyrannical insolent and boundless powers of unlimited arbitrary usurpation, that ever shewed themselves in any age or place, amongst the Sons of Christian men: And which are yet by these men (who and what sort and principles they are of, is manifest enough) laboured and endevoured to be continued amongst us, under the same spetious Title, Name, and Shew of a Free State and Common-wealth, whose shadow must still upon all occasions be freshly assumed, though the substance, Themselves know we have already in the best manner and most absolute perfection, anciently and firmly setled and established amongst us, by our Laws: But should they as formerly be in any sort returning upon us, in what shape soever (for let the outside be what it will, it is very well known what lies within, and what fruits and effects must needs be thence produced) It is hoped almighty God will so unite and animate the Nation with such a noble publick spirit, That our ancient and known fundamental Laws, and in them, the peace, quiet welfare, and happiness of our Countrey, may (next our duty to him) find the chiefest place in our hearts and minds, and arm us with a constant resolution and undaunted zeal and courage, to use all just and lawful means, that this Divine Providence shall hold forth and season to our hands, for theirs and in them our self preservation, that we may shew, we have derived from our progenitors a true English Gallantry, defying all Hazards and Dangers in discharge of our Duties to God, our Laws, and our Countrey: Nor can any man be justly esteemed worthy, the inheritance of his fathers Honours, Immunities, and Freedoms, who dares not convey them through all Difficulties and Dangers, to succeeding generations. And that this resolution may be firmly fixed upon the spirits of those now in place and power. It is also hoped, that it will not by them be deemed nought and unseasonable to hint to them this Memorandum, or Quere, whether from the first beginning of that great contest, which hapned between the late King and his Opposers; There was not any thing more chiefly and principally all along insisted upon, by both parties, than the upholding and maintaining the ancient known and fundamental laws of the Land? Was not the pretended violation and infringement of them, urged against those two great Zanzummines of Church and State Ssate , the Arch-bishop of Canterbury, and the Earl of Strafford; And urges so far, as that their lives were layed down and sacrificed, for those laws, maintenance, and preservation; and hath not the swerving and deviating from those Laws, let in all those floods and torrents of Rapine, Misery, and Calamity, with which such an inundation have so long overspread the the the face of this our Isle, and its dominions, and every where fill'd the same with horror and confusion; And is not this so cleerly manifest, and notoriously known, that the light it self that dayly shines amongst us, may by mortal power be sooner totally extinguished, than that undoubted truth; Nay, hath not this truth been often hinted and remembred by themselves, as may be seen in their printed publishments by way of vindication of themselves, concerning their seclusion seclesion from the place and authority they are now in, with a cry and clamour to those then in power, to heal the sores and wasting divisions of the Nation, by a Reinduction of the known ancient and fundamental Laws thereof; and are not these things, and much more to this purpose, which may be truly asserted, but of yesterday, as it were, and very fresh and recent in the minds and memories of all men? how then may or can it any way be answered to God, our Saviour, and the world, by those now in authority, if after all this, and so sad and lamentable an experience made, and the care of all our doleful maladies, so cleerly apparent, to be obtained by no other, or better remedy, than by a continuance of the firm establishing of those Laws; And that remedy be plain and easie to be layed hold on, should they at such a time as this, be terrified, or upon any pretence whatsoever, be so far seduced, as to delay and neglect the same, or to put any bars or shackles upon the freedome, liberties, and birthrights of the people, so, or in that manner, as the same may be any way hindered or impeded; Nay, themselves also being cryed out too, and clamoured on, for this, by the general and universal vote, and earnest desire, of the whole body of the Nations, of all sorts, conditions, and qualities; And whatsoever the Interest be which seems to oppose it, as it is sinister, corrupt, and vitious, in its first being and origination, so is it odious and sacrilegious to God, and vile and contemptible, even in the eyes of the world, which it so much looks upon and respects; and however some of that Interest (for there are two sorts of them, one far more moderate, peaceful, and modest, than the other) would have the same thought to be of that bulk and magnitude, as thence to raise a consideration, in its favour, that may keep the wound still open, and the general gederal peace either altogether unsetled, or done Republicanly, and so slightly infirmly, and not lastingly, so as that there may be still hopes left for them, of new booty and prey to be further obtained, and added to their former heap of spoils and devourings; Yet upon due search made, It will undoubtedly be found, that such of that Interest, who are thus minded, and so far intoxicated with its poyson, as to desire a new foundation, for our Laws to settle on, and so labour and endevour the abolishing of the old, and introducing a novel frame, and constitution amongst us, are so thin and tenuous, and so contemptibly inconsiderable a number, and most or all of them likewise, having such deep stains upon them (to say no more) that it cannot but be thought the most deplorable of all miseries, and calamities, that can befal a people and nation, nay three nations, and the numerous people thereof, And a strange kind of infatuation of that Authority over them, that any such care and provision should be had and taken, for such a sort, and such an Interest, That the consideration thereof, should any way obstruct and hinder, that firm and lasting settlement, which concerns so many millions of persons, of all sorts, sexes, qualities, and conditions, and which is so woven into, and concentered in our Laws, and the very vital part of them, and of all our liberties, freedoms, and happinesse, which began likewise with the first natives of this Island the Brittains, and continued amongst us, for so many centuries of years, and recieved its approbation, by so many Ages and Generations of our Fore-fathers, and Ancestors, and rendred us a famous and flourishing People and Nation throughout the whole Christian World. Nor need either of these sort of men be at all doubtful neither ( whatever what ver vain and empty jealousies and fears they have to the contrary) But upon such a just and righteous settlement, of a firm and lasting peace, the wisdom of the Nation may, and no doubt but will, find out a way and means, That not a man of them shall be a penny damnified in their purchases and acquisitions of any sort or kind whatsoever: And yet both Crown and Church have a fitting and full patrimony too; which (when it comes to that) may with as much ease be demolished to any capable understanding, as this expression thereof is here set down to be read and perused: And if this be so, as to them, which clearly and without all controversie may (and that without much diffculty) be done, and no mans property intrencht upon, nor the publick body of the nation at all prejudiced or damnified; And the Church controversies by a national and legal Synod convened in due form, appeased, quieted and setled, so as no truly tender Christian conscience, may at all be imposed upon: But have that due evangelical liberty, which may in any kind, by the most sacred holy Writ be allowed, (And further, it is supposed no sober Christian will desire) what should hinder if the work were once strenuously, faithfully, and impartially set upon; But that yet we might hope for so much mercy from Heaven, as that after all these tempestuous stormy violences, rending wasting and consuming divisions, doleful and deplorable miseries and calamities, which have so long, and so fiercely raved, and raged amongst us. The Almighties hand may close up all our breaches, and we enjoy the blessed and happy benefit, of a well established firm and lasting peace; It is likewise hoped, that there is nothing premised in this paper, which may in any kind give offence to any now in place and power, either as to matters civil, or to that worthy and noble military General, by whose power & prudence much of our miseries have bin already released, and in whom it is by most believed there is such a generous and publick Ayre, and Spirit for the good and welfare of the Church and Nation; that however the mindes of some pious, sober, and judicious persons, are much flatted and dejected by severall particulars, which have passed and become publick; yet he being extricated and quitted, from the poysonous intoxications, of some very viperous Spirits, and the subtle and crafty insinuations of others, who, though not altogether so bad, yet much corrupted and misled by selfeish Interest and Faction: He will, upon due deliberation, seriously set his heart and thoughts upon the furtherance and advanceing that, and that onely, which may best conduce to the firme and lasting settlement of the peace, and quiet of a torn, tattered, and tyred people, whom he found plunged, and weltring in their own wretched and deplorable miseries and calamities. And as he hath had the honour to serve faithfully, the conjunct interest of his Soveraigne, and the Nation in his former imployments, so he will not be now induced to sever them upon any cause, specious shew, or pretence whatsoever: For be it what it will be, that is insisted upon, to move him to affect such a partition and separation (come it cloathed in what shape or colour soever it will or can come) he may rest assuredly certain, that it comes not without its speciall designe upon himselfe, which, (if not avoided) in the end will be his undoubted utter ruine and destruction; let him bring it, Ad lydium lapidem, to the true Touch-stone, either of Religion, Law, Justice, Equity or Policy, and try it by either of these, or all these together, and see, how empty, light, vaine, false, and counterfeit it will prove, in all its shews and pretences. It is known well enough, that there are some persons (and perhaps from too many of them he hath no few corrupt whispers) who are so fixed and rivited to a desire of accomplishing their own covetous and ambitious ends, though by meanes never so vile and ruinous to others: And are by selfe-guilt, so filled with rankour, envy and malice, against that person, which by all Laws of God, Nature, and the Land, should be sacred to them; That it is verily believed, that if an Angel or Seraphin from Heaven should appear, to perswade them to their duty in that particular, they like their seat and footing so well upon earth, and are so taken with the rule and domination, which they fansie they shall enjoy, in the Utopian Free State or Common-wealth, which they have floating in their own empty brains, and have so set up their heart, hopes, and faith upon it, that even such a message from Heaven it selfe, should not prevaile upon them. These men, let him please to avoid and shun (as to their whispers and Councels) as he would some noysome and hideous poyson, and hearken to the sober deliberations of the solid, judicious, and truly (not hypocritically) pious and moderate. And indeed (next to Almighty God, and his Sacred Word) consult but his own Soul and Conscience, which he hath professed, stands cleer, and impartial imdartial to all Interests and Factions, in this great businesse of the Nation; And let not the Publick Genius and Inclination, nay, the hearty and earnest declared desire and longing for, of the Nobility, Gentry, and Commonalty of all sorts, and from all parts and places thereof, be despicable to him, or slighted by him; but as he professeth his endeavours, for the publick settlement, so let him (declining all private junctoes) be directed therein, by publick advertisement. It is the whole People and Nations that must be obliged, let the whole People and Nations therefore freely be heard: should they desire in point of Government, (were it now in their choice) that which were not fit for them, if they be not hearkened to, they cannot be engaged: For as no man hath wrong with his consent, so certainly none in such case can be obliged against it. The generall and publick desires of the whole Nation in this particular, is known very well, nor is it doubted, but he will make good what he hath professed, and serve their publick true interest, and not the private corrupt interest and ends of some few. Many Millions there be on the one side, and some petty inconsiderable number, not worth naming on the other. Generall Peace, and a firm and lasting settlement, and happinesse on the one side; Warre, and distracting confusions, and in the end, general ruine and destruction on the other. Many other particulars may be hinted to him, but as he is noble and prudent, so it is verily expected, and earnestly hoped, we shall finde answerable effects thereof every way from him, and such as shall crown him with Riches and honour in this life, and eternall joy and happinesse in that which is to come.

Politics

Englands Monarchy Asserted and proved to be the Freest State and Best Common-wealth throughout the World. With a Word to the present Authority, and his Excellency Gen. MONCK.

England's monarchy asserted [...]

PolB1674

THE Kings Debt to the Bankers, with the miserable consequences thereof, hath now (for little less then three years together) exercised the world with matter, not only of discourse, but astonishment. For indeed who will not be startled to see the common Faith of a Nation violated, and a forcible breach made upon all that may be cal'd Religious and binding, and this also in great measure, to the Ruine of Orphans and Widows, and several, even of those who with unwearied constancy resisted unto blood, and loss of whatsoever was dear unto them in defence of the Crown of England. I shall not here lanch out into the story of particular cases, that Theme will be infinite, and of force to endue stones with speech, and (by a contrariety of Miracle) to overwhelme the most eloquent with silence. I doubt not but I have already Arrested my Reader with frequent amusements, and he is by this time impatient to know what may be the reason of all these words? and wherefore a private passenger in the Ship of the Common-wealth, should in this manner concern himself in the sayling thereof? I answer, First that every Subject is obliged to vindicate, and propugne the Honour and Innocency of his Soveraign; and to cast the Envies and Malignancy of Pestilent Councels, upon the Donors and contrivers thereof, and perhaps this duty could never be more seasonably exerted then in this present Case. For I should be sorry that this Advisor (as a person of great Honour and worth, said not long since, of one of them openly) should like a Rabbit start out of his Borough, and look about him, and then run in again, and hide himself, and think no body observ'd him. Certainly he is no good Minister or Servant that will throw the odium of his own evil actions upon his Lord and Master. I answer, Secondly that all men are interressed in the safety of the Vessel they are imbarqut in, though all ought not to preside at the Helme: And pernicious Advices (like the falcities of the Turkish Alchoran) oftentimes gain strength by the prohibitions of disputing them. I know I shall be thought to broach a Paradox, if I should affirm that some moderate freedomes of this nature, have been sometimes Characters and marks of the happiest and most peaceable Ages of the world; and yet if this assertion be not in some measure true, we must abandon faith to all History: For (as the Lord Bacon well notes) such Liberties give vent and discharge oftentimes to popular discontentments, and besides the Prince is hereby instructed in what part the Subject is pincht and griev'd, when perhaps he shall attain this information no other way. Essay of Sedition and Troubles And therefore Augustus Cæsar (one of the happiest and greatest Prince it may be that the Sun ever saw Eutropius lib. 8.) when he was told at any time, that even his own person, and his Edicts were too boldy discourst of in Rome, would say, Quod in Civitate libera, linguas quoque civium liberas esse oportere. That in a free City, the Citizens discourse ought also to be free. Boterus de politia . lib. 7. c. 8. And this candid profession of his, might possibly be no mean ingredient in the composition of his own felicities. Thuanus writing to the great Henry the 4th. of France, unto other Laudatives of that Princes Reign, adds this, as none of the meanest. Ea est Domine rara tuorum temporum fælieitas (saith he) in quibus unicuiq; sentire quæ velit, & quæ sentiat eloqui licet. Such (Great Sir) is the rare happiness of your times, that in them every man may think what he pleaseth, and speak what he thinketh. Thuani Epistola ante Historiam suam ad Hen. 4. Franciæ. And of the same complexion was that serene Age, in which the excellent Emperour Trajan Reign'd, as Cornelius Tacitus (who was then living) affirms, from whom the said Thuanus seems to have borrowed the very individual words before recited. Taciti Hist. lib. 5. in proemio . I write not this in countenance of clamour, and scurrilities against those things which I have alwayes reverenced and held sacred; but under favour, in our present case, where all nature is big, and in travail to be delivered of speech, I hope her voice shall not be stifled and supprest. Thirdly, I shall redargue this Objector, with that principle (which the Advisers of this calamity have thought so puissant) I mean exigences, and invincible necessity, a necessity of no ordinary nature neither, but of near allyance to that thing which we proverbially say breaks through stone walls, that in hard winterly weather infuseth boldness even into Brutes, that also where nature languisheth, and the means wherewith she should be supported are unjustly substracted from her. The old Comicke saith well TT'argyrion estin haima kai psychē Brotois pecunia Anima, & sanguis est mortalibus. Money is the life and blood of mankind. To deprive a man wrongfully then of that little money which he possesseth, what is it but to deprive him of his blood, yea of his life? I know the great and opulent men of the world cannot descend so low as to conceive how much it importeth poor men and their Families to be in a moment dispoild of all their subsistence, and to be bereav'd perhaps of a few poor weather-beaten, water-drencht Reliques, which they had rescued out of the wrecks of their Fortunes in the late dreadful storm of Rebellion, but yet they may please to believe, that we are as much paind with the pressures of our Little fortunes, as they are with those of their great ones. I speak this not out of any pride I take in comparing great things with small, but only to dispose my Reader to a favourable construction of my words, if my zeal may seem to transport me beyond the bounds of decency. Lastly I am not altogether without hope, but that something possibly may happen to be said in this Scribble, that may conduce to the healing up this wound again. For the Physitians have a good Aphorism, Primus gradus sanitatis, est novisse morbum. The first degree of health is to know the nature of the disease. I know some men are apt enough to alledge, that this case is the less considerable, because but a few persons are therein concerned. In this place I shall say no more, but that this Assertion is a great mistake. For first, our Money being expended for the defence of the Kingdome, it was laid out upon the publick utility, and certainly it will be very disproportionable that the common advantage should be maintained by a private contribution, and upon this reason a person of great Honour and prudence not long since in an Audience of the whole Kingdome Kindome doubted not to affirm, That this concern was little less then national But because this may seem to many to be but a precarious and begging Argument, and being founded upon a consideration of service and advantage, some time since done, may (in this ungrateful Age) prove but of mean regard. I will therefore Secondly, demonstrate this matter to be of Epidemical concernment in point of continuing and permanent interest: In order to this, I will supose that the King owes a Banker 1000l. this Banker owes me the like summ, I ow as much to a third, he to a fourth, and so in infinitum, and the Banker, my self, and the third person, have little else to satisfie our Creditors than this 1000l. which is owing severally to us. (which case may be well supposed to have hapned since the stop of the Exchequer) In this case then I say, it will be most evident, that if the King never payeth the Banker, the Banker can never pay me, or I the third person, or he the fourth, so that by a necessary chain of consequences, the 4th. person and his Creditors in infinitum , are as much grieved by the King's non-payment of the Banker, as I my self, who am the Bankers immediate Creditor. For as (I said before) money is the blood of the Body Pollitique, and we know if the circulation thereof be stopt in one Member, that blood can never be transmitted to the neighbouring Vein, and thereupon not only that part, but the whole body in fine becomes Feavourish and languishant. The like may be said of Rents, Executorships, Legacies, &c. And I doubt not but every man's consideration, and the particular interests of most persons, will furnish them with infinite instances of like nature, in a very little time. But if this Reason prove not sufficiently prævalent in this matter, I must be inforc'd to go a step higher, and to say, Thirdly, That if this proceeding fall out to be an invasion of property (as I think I shall anon prove it is) then I say every individual person will be interressed in the Fate of this Cause. For by the same reason that the Rights of Ten thousand men may be violated, the Rights of Twenty thousand men may, and so in infinitum. And I think it is obvious to every man, that the publique and Parliamentary Cares, and wisdome of this State have been extended in point of redressing Grievances, not only to bodies of men, in number much inferiour to ours; but oftentimes even to particular persons, where the presures have been enormous. The Principal Creditours of the Bankers have been computed to a number, little inferiour inferi to this. The Creditors by consequence are far more. This is the Answer I shall give to this Allegation at present, in the sequel of this discourse, very probably I may add more. These things premis'd, I shall now forthwith address my self to the main business. In the Argument whereof I shall observe these Gradations, or steps. 1. First, I shall shortly put the case (as it now stands) between the King and the Bankers. 2. Secondly, I shall prove that by this Councel of stopping payments in the Exchequer, the Subjects property is invaded at Common Law. 3. Thirdly, that hereby it is invaded contray to the Statute Law. 4. Fourthly, that this Councel is expresly contrary contray to his Majesties gracious promises and Declarations, Printed and promulgated by His own especial command. 5. Fifthly, I shall at large answer the grand Objection of necessity, and National danger (supposing too our fears to be at that time just) And shall prove by sundry Records and otherwise that the Subjects property is not violable but by his own consent, in cases of far greater National Danger then this was. I shall answer, the Rapines of Ed. 1. and 3d. (and because I would take up this Objection by the Roots) I shall then shew what courses the Law hath provided for preservation of the Kingdome, where the danger is instant and cannot stay for a Parliament. 6. Sixthly I shall prove that this Councel is contrary contray to the Pollicies hitherto used by the wisest Forreign States of the World, in far greater Exigencies then ours. I shall answer the Objection of some Princes not repaying Money lent them by their Subjects, to retain them in better Obedience. 7. Seventhly, I shall prove this Councel to be contrary to common Reason, and in some respects to violate the Rules of Humanity. That it is pernicious to the credit of his Majesties Exchequer. Then I shall truly state the case between Phillip the 2d. of Spain and the Bankers of Genoa, and shall prove that case essentially different from ours. And Lastly, shall frame a Conclusion upon the whole matter. I think it is now evident enough to every man that understands any thing, that the concernment of the Bankers is now become the concernment of their Creditors, and that both their interests are common, and so inseperably twisted together, that the prosperity of the latter, will depend altogether upon the Fate of the former. Insomuch that if the Banker never receive his debt, I do not in probability see how he will be able to satisfie his Creditor: we are therefore by invincible necessity obliged to maintain the right of the Banker, and in order thereunto I will now put his Case, which in short is not more but this. A Banker lends to the King an hundred thousand pounds, more or less; this money is secured to the said Banker upon the Customes, or any other Branch of the King's Revenues, &c. by Order Registred in the Exchequer, or by Talley of Loane, or both, and then the King (upon the War-like preparations of our neighbour Princes and States) is advised to make stop of all payments out of the Exchequer, which is executed accordingly; whether by this Councel executed the Subjects property be invaded? and I clearly conceive it is. IT is an Essential principle of the Law of this Realme, That the Subject hath an undoubted property in his Goods and Possessions. Otherwise there shall remain no more industry, no more Justice, no more valour, for who will labour? who will hazzard his person in the day of Battail for that which is not his own? How can the Subject by any Act of Bounty ingratiate himself with his Soveraign? Neither was this Right of propriety introduc't there by any Charter or Edict of Princes, but was the old Fundamental Law, springing from the Original, Frame, and first Architecture of the Kingdome. There were manifest Footsteps of this Law in the Brittish, Roman, Saxon and Danish Governments here, nay it was of that vigour and puissance to survive even the very Norman Conquest; To prove which I shall crave leave to produce this following short memorable Record. One Shirboorn a Saxon at the time of the Conquest, being seized of a Castle and Lands in Norfolke, William the Conquerer gave the same to one Warren a Norman, of principal Quality; Shirboorn dying, his Heir shewed to the Conquerour that he was his Subject, and that he ought to Inherit the said Castle and Land, by vertue of that Law which he himself had establisht in England. In this Case the Conquerour gave Judgement for Shirboorn against Warren, and pronounc'd his own former gift void. See for this Cambden in his Description of Norfolk. And Sir John Davis Rep. 41, a. The Case of Tanistry. And there it is said by Judge Calthrop, that he himself had seen an Authentique Copy of this Judgement. Lambards Archaion. Fortes. de laudibus Legum Angliæ. cap. 17. Dugdales Origines Juridiciales. Infinite Authorities there quoted to prove this, See there Fol. 5. 6. For indeed the Common Law is not more solicitous of any one thing then to preserve the property of the Subject from the inundation of the Prerogative, And therefore where a custome is to pay Toll for all Cattle that shall be driven over a common Bridge, this Custome shall bind the Subject but not the King; but where a Custome is to pay Toll for all Cattle that shall be driven over a mans private Freehold, there the Custome shall prevail against the Prerogative, and what is the Reason? why, because the Law will not allow the King to invade the Subjects Inheritance and Property without consent and compensation, For this see the express book of 46 of Ed, 3. cited in Plowden 236. a. The Lord Barkley's case. Many other cases of this nature are there recited, and in other Books of our Law, which for brevity I forbear to mention. To come then to the Hinge upon which this point turns. I do lay this down for an indisputeable ground. That the Law of the Court of Exchequer is the universal Law of this Land, and so is Plowden 320 b. and 321 b. The case of Mines, and Cook's 2d Report 16. b. Lanes case adjudg'd. Now then by the Law of the Exchequer, when the King hath charged himself to the Subject by Talley and liberate (as in our case) to pay a summe of money out of his Customes or any other branch of his Revenue, and his Collector hath received this Revenew; this money though at first it appertains in property to the King, yet as soon as ever the Kings Creditor comes to this Collector, and shewes him his Talley and Liberate, and demands payment accordingly, the property of this money (to the proportion of the Debt) by meer operation of Law, is transfer'd out of the King into the Collector or Receiver, and in an instant becomes the proper and personal Money of the said Collector, or Receiver; in respect of his charge over to the party. And so it is clearly affirmed by all the Judges of both Benches Plowden 186. a. Lord Darcyes case. And therefore if the King grant a summ of money to I. S. to be received out of his Customs of London, I say that by the delivery of the Talley Liberate, and assets in the hands of the Customer, the Customer is become a Debtor to I.S. and he may bring his Action of Debt upon this matter against the Customer. Coke's 4 Institutes, 116. F. N. B 121. F. 21. H. 6. Fitzh. Debt 43. 27. H. 6. 9. Fitzh. Bar. 314. Brook Talley d'Exchequer. 1. 37. H. 6. 15. Brooke ibid. 3. Nay in such case if the Receiver dye, the Action will lye against his Executor. And therefore where the King had granted a Fee by Patent to the Clercke of the Parliament to be received out of the profits of the Hanapar, and the Clercke of the Hanapar dyed, yet adjudged that debt would well lye against his Executor, because so much of the Kings money was altered in property in the hands of the Testator, and yet here was no contract, privity in word, suit or Execution of Law between the King and Testator, or Executor, 2. Hen. 7. 8. b. &c. Fitzh. Bar. 124. Plowden 36. b. and 186. a. So if the King assign Talleys upon the Dismes (granted him by Parliament) to his Creditors, and they shew them to the Collectors of the Dismes, the King is hereby discharged, and the Collectors are charg'd, and the King cannot pardon the Collectors, or the Clergy which granted the Dismes. 1. Hen. 7. 8. a. Brook Charter de pardon, 37. Nay so careful is the Law of the Subjects property in such case, that if after a like grant of the Disms, the King should dye, yet the Collectors are chargeable to the King's Grantee and not to his Successor. 1. Hen. 7. 8. a. per omnes Justitiaries. Brooke Quinzime 7. Fitzh. Quinzime. 2. Brook Talley d'Exchequer, 5. Ob. Now if any man shall say to me. Sir you have abundantly prov'd the stopping of the Exchequer, to be an invasion of Property as to the Collector and Customer, and the like by the Common Law, but nothing at all as to the Banker or his Creditor, which was the position you undertook to maintain. To this Objection, I give this plain Answer. That the stop of the Exchequer to the Collectors, Customers, &c. is by inevitable consequence a stop to the Bankers and their Creditors Credior , (and so likewise their property violated) because by this Obstruction the Collector, &c. is disabled to satisfy the Banker, and the Banker his Creditor, and that Creditor his Creditor, and so in an infinite rotation throughout the Kingdom Kingdomi : just as a wrongful disinheritance of the Grandfather, is an injury to the Father, and Son, and so to all their Line in succession suecession to the worlds end. Or (because this is the Hinge of the case as to the Common Law, and I would make it plain) I will suppose twenty Mills to be built upon one River, each of them in sequence one below the other, a person comes and damms up this River, or diverts the current thereof into a new Channel; I do say that by this diversion or Obstruction of the Stream the 20th Mill is injured as well as the first, because (if there were no Impediment) that water which comes to the first Mill would at the long run arrive to the twentieth. In so plain a case I need not make any Application, or indeed use any farther Argument as to the Common law-part of this discourse. I shall therefore cite but one other case, and that a far stronger one then ours, and then discharge my self of this Section. The Case is Mich. 1. Hen. 7. Fol. 3. b. and abridg'd by Fitzherbert Barr. 122. Touts les Justices fueront al White Fryers pur lour Fees, &c. (saith the Book) All the Judges were assembled at White Fryars to consult about the payment of their Salleries which were behind. And their Case was this. By a Statute made 18. Hen. 6. it is Enacted that the Customers shall pay the Judges their Salleries, out of the first Moneys arising out of the Customes of London. And then Richard the third grants License to certain Merchants to carry Wools, and to retain the Customs thereof in their own hands (which was as it were a little diminutive stopping of the Exchequer as to the Judges in this Case) And the question was whether the Customers shall be chargeable to the Judges for those reteinments of the Merchants; and after mature debate, Resolved by them all, That the Customers were chargeable even for those reteinments, though they never came to their hands; and in the end of that case, it is said, that the Judges design'd each of them to bring his Action against the Customers, which they perceiving, they forthwith agreed with the Judges to pay them their Salleries. Now any man that shall well consider this case will find the Reason thereof to be, because though the King had granted the Priveledge of reteining the Customes to these Merchants, yet in contemplation of Law, the Customers did still actually receive those Customes, and so were chargeable to the Judges (like the case I put before of Hen. 7. 8. a. where the King remitted the Dismes to the Collector, or Clergy) and the rather in this case, because this private License of the Kings shall not prevail over an act of Parliament, which had secured unto them their Salaries out of the Customes, which leads me to the next position which I have proposed to assert, which is. OUr Books tell us (and not without Reason) That the Parliament Est un Court de tres grand honor & Justice, de que nul doyt imaginer chose dishonourable , is a Court of thrice great Honour, and Justice, of which no man may presume to think a dishonourable thing. Plowden 398 b Earle of Leicesters case. And we cannot but suppose (saith the Lord Chancellour Fortescue) that Statute Laws carry with them no mean force as well as Wisdome. Dum non unius aut centum folum consultorum prudentia, sed plusquam trecentorum electorum, &c. When they are the results not of the prudence of one or two or three hundred only of the Select men of the Kingdome, but of a far greater number. Fortescue de laudibus legum Angliæ ca. 8. In this Orbe, the King like the Sun shines in the Exaltation of Majesty and grandeur, invironed by the illustrious members of both Houses, and from the conjunction of this great and lesser lights, propitious and refreshing influences are derived to the whole Kingdome. The Acts of this Court are the highest securities this Nation can give, and such securityes that do in themselves comprehend the universal consent of all mankind in this Realme, as well future as present. Hobart 256. Duncombs case. 21 Hen. 7. a per Vavasor. I shall not here insist upon the Grand Charter, or upon any other Bulworks of propriety of that nature (though possibly pertinent enough to my purpose) but shall rather choose at present to apply my self to a Statute-Law of much fresher date and memory, and design'd for the Relief of this very particular case. And that is the Statue of 190 of his now Majesty, Chap. 12. which I shall recite (so far as it concerns my purpose) verbatim. Whereas it hath been found by experience upon the late Act for Twelve hundred and fifty thousand pounds, made at Oxford, and other Acts of Parliament since that time, that the power of Assigning of Orders in the Exchequer upon those Acts, without Revocation, hath been of great use and advantage to the persons concerned in them, and to the Trade of this Kingdome, and given great Credit to his Majesties Exchequer: Be it Enacted and it is hereby Enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled,That every person or persons, Native or Forreigner, Bodies Politique or Corporate, to whom any Moneys shall be due in your Majesties Exchequer, and shall have any Order Registred in the Office of the Auditor of the Receipt, for the payment thereof out of any branch of your Majesties Revenue; That such person or persons, Native or Forreigner, Bodies Politique, or Corporate, their Successors, Executors, Administrators or Assigns, respectively, by Endorsement of their Order, may Assign and transfer their Right, Title, Interest and Benefit of such Order, or any part thereof, to any other; which being notified in the Office of the Auditor of the Receipt aforesaid, and an Entry and Memorial thereof also made in the Book of Registry aforesaid for such Orders (which the Officers shall on request accordigly make) shall Entitle such Assignee, his Executors, Administrators and Assigns, or Successors respectively, to the benefit thereof, and payment thereon. Now it will be plain to any man that shall consider this Statute, that the Parliament doth therein admit an unquestionable duty of the Mony, to the Lenders in the Exchequer (for so are the words, Every person to whom any mony shal be due in your Majesties Exchequer &c.) and the makers of this Act, could never mean that nothing should be transferd to the Assignee: For indeed all the Powers of the Universe can never make me Donor of that which never appertained to me, nor I never had in me to give, And therefore this money must first of necessity vest in my self in point of property, before I can transfer it to another person, so then if this Law secure this money to my Assignee, a multo fortiori to my self. Now that this Statute secures this money to my Assignee, I shall prove by three unanswerable reasons (as I suppose) all drawn out of the Bowels of this very Law it self. Nit dat quod non habet. First, the Inducements of this Statute appear in the preamble thereof to be. Advantage to the persons concern'd. To the Trade of the Kindome, and also great credit to the Exchequer. Therefore the makers of this Law could never design a transferring of the husk or shell only, that is of the Order or Paper, but even of the fruit it self, I mean the money in specie, for that is it which carryes the Advantage, the Trade, and the credit with it and not the Order or writings as many of us find by wofull Experience. Secondly, there is no man doubts but that the moneys lent upon the Oxford Act of 17. Car. 2. cap. 1. for 1250000l. And upon the Pole-mony, Bill. 18 Car. 2. cap. 1. And upon the Act of 19 Car. 2 cap. 8 for 1256000l. were unquestionably secured to the Assignees of the Lenders by those several Acts; why then I say that all moneys since that time Lent into the Exchequer, & charg'd upon any branch of the King's Revenue, are equally secur'd to them by this Act, and that not only first because this Act in the preamble thereof refers expresly to those other Acts; But Secondly, (then which I think nothing can be plainer) because the moneys secured by this Act to the Assignees are secured with almost all the same numerical, identical words, with which the moneys lent upon the three other Acts are secured: And this will be obvious to any person that shall curiously compare all these Acts together, to the which for brevity sake I am inforc't to refer my Reader. Lastly, this Act declares in express terms that the Assignees of such Orders for money due in the Exchequer, their Executors Administrators and Assignes in infinitum shall be Entituled To the Benefit of such Orders, and Payment thereon, which words being so plain, that he that runs may read, and wrote as it were with a Beame of the Sun, I think there can be no place left for farther cavil or subterfuge in this matter. I had almost forgot to observe that this Law (the King being therein concerned) is a general Act of Parliament, of the which not only the Judges, but even every individual Subject of this Kingdome ought to take knowledge of course; for as the inferiour Members (saith the Book) cannot estrange themselves from the actions and passions of the head, no more can any Subject be a stranger to the concernments of his Sovereign. Cooks 4th. Rep. 77. a. Hollands Case. Plowd. Lord Barkley's case, ibid. Wimbishes case. This I would add to those Answers I gave before to the Objection, that this affair was private, and that few persons were concernd in the present Case of the Bankers and their Creditors, now I proceed. MY design all along in this discourse being to discover the pestilence and mischief of this Councel, in relation as well to his Majesty as his people. I cannot with better advantage discharge my self of the Province I have undertaken in this Section, and manifest how unhandsomly his Majesty hath been treated by this Adviser, then by considering a while the sanctimony of promises among Princes. Nothing then I say is more sacred or tremendous among Princes then their publik Faiths and Declarations. This the Emperour Tiberius understood well when he said Cæteris mortalibus in eo stant concilia quod sibi conducere putant, principum vero, &c. . Inferiour persons may order their Councels, as they best sort with their advantages, but the condition of Potentates is different, whose actions are principally to be directed to Fame and Glory. Tacit. Ann. lib. 4. And for this reason Q. Elizabeth in her private Letters to K James, was used to admonish him that a Prince must be such a lover of Truth, that more credit may be given to his bare Word, than to anothers Oath. Cambden and Baker vita Elizab. Regina. And we know that the man after God's own heart, and a King too, writes, He that promiseth to his Neighbour, and disappointeth him not, though it were to his own hindrance. Psal. 15. 5. I do never without Admiration think of that great saying of Charles the 5th. Emperour, when he was prest to break his word with Luther, for his safe return from Wormes. Fides rerum promissarum (quoth he) et si toto mundo exulet tamen apud imperatorem eam consistere oportet. Though the faith of promises should be banisht out of the world, yet it ought alway to find Sanctuary in an Emperours breast. Xenocarus vita Caroli . 5. And to this virtue even Campanella the Jesuite doth vigorously advise Phil. the 2d. of Spain, for nothing saith he doth more effectually oblige the Subject to the Prince then fidelity of promises. Spanish Monarchy c. 27. By this means (continues he) Alexander Farnese Duke of Parma, contain'd the Netherland in Obedience to Spain, whereas the Duke of Alva by the contrary course lost them. Cicero I Offic. And this will not seem strange to a man that shall consider, that fides (as Tully saith) est justicia fundamentum. Faith is the Foundation upon which Justice is built, Justitia vero nulla esse potest (saith Boterus) nisi conventionum fuerit, & promissorum certa fides, ac necessaria solutio rerum creditarum. But there can be no Justice without performance of promises, and fair satisfaction of Debts. Boterus de politia. Lib. 2 c. 9. And this most of all in the case of Princes, for (as Bodine affirms) Cum summus Princeps mutuæ fidei inter privatos ac Legum omnium ulior & vindex est, quanto magis datam a se fidem ac promissa servare tenetur . For when a Prince is himself to avenge the violations of Faith and Lawes among his Subjects, how much more then ought he himself to observe his own Faith and Promises De Repu Lib. 5. cap. 8. Fortescue c. 37.: And in this very point he voucheth there a judgement of the Parliament of Paris against Charles the 9th. of France, and a little after adds, Itaque in judiciis cum Fides principis agitur, &c. Therefore saith he, when the Faith of a Prince happens to be debated in Judicature, we are rather to consult the benefit of the Subject, and in such case to treat the Prince more severely. And this indeed is no more then what the municipal Lawes of this Kingdome warrant, which say, that the Grants of the King are to be Expounded liberally, and withal imaginable favour to the Subject, for the Honour and Dignity of the King, as also that the King's Teste me ipso is Recordum Suparlativum, a Record of the highest puissance and grandeur. Cooks II. Rep. Magdalen Colledge case. I have the more largely here dilated upon this Subject, that I might with a greater clearness disclose the Poyson of this Advice, it being so apparently contrary to his Majesties most gracious Promises and Declarations Printed and promulgated by his own immediate Order, and particularly that of the 18th. of June 1667 (of the which several Copies then Printed were preserv'd by my self and others, as the highest Muniments and Securities for our Monies in the Bankers hands.) This is stiled His Majesties Declaration to all his loving Subjects to preserve inviolably the Securities by him given for moneys, and the due course of payments thereon in the Receipt of the Exchequer. See this Declaration. in the end of this Treatise In this Declaration (about the middle) these very numerical words following are inserted. And that we will not upon any occasion whatsoever, permit or suffer any Alteration, Anticipation, or Interruption to be made of our said Subjects (that is, of the Bankers) Securities, but that they shall from time to time receive the moneys so secured unto them (upon several branches of the Royal Revenue, and other late Acts of Parliament saith the preamble) in the same course and method, as they were charged and ought to be satisfied. Immediatly after follow these remarkable words, which Resolution we shall likewise hold firm and sacred in all Future Assignments and Securities to be by Us granted upon any Other advance of money by any of our Subjects (note this is general) upon any Future Occasion for Our service. And we cannot doubt upon the Publishing this Our Royal Word and Declaration of Our Sincere Intention, but that all reasonable persons will rest satisfied, &c. Now I would fain know what more adæquate or preventive words could have been devised by the Wit or Providence of men and Angels to have stifled so great a calamity in the Birth. Neither will it be an Observation perhaps altogether immaterial and impertinent, that in the very next Session of Parliament, viz. in the October immediately following the Statute of the 19th. of his now Majesty, cap. 12. (which I have before recited) was made, as it were in Buttress and support of this Royal Edict and Declaration. These things standing thus as I have represented them, however the King's Honour and Justice (like a Rock of Diamonds) remains still impenetrable, neither is his Sacred Majesty in this case any more to be accused of the breaches of fidelity, then the chast Lucretia was guilty of incontinence, when wearied out and forc't by the Adulterer. Duo fuerunt (saith the holy Father) at unus commisit Adulterium. Two they were, and yet but one of them committed Adultery. St. Austin. When Judge Thorp was condemned to death in Parliament for Bribery The reason of that judgement is given, Quia (saith the Record) predictus Willielmus Thorpe sacramentum domini Regis quod erga populum suum habuit custodiendum, maliciose false & rebelliter fregit &c. Because the said William Thorp had broken the Kings Oath, it doth not say his own Oath, but the Kings Oath, that solemne and grand obligation, which is the security of the whole Kingdome, and the knot of the Diadem, so that as the Kings Oath may be broken by others, (his own unspotted honour and justice unviolated) so likewise may his Royal Faith and gracious promises as in our case. Rot. Parl. 24. Ed. 3. pars. 3. Memb. 2. in Dorso. Et Rot. Parl. 25 Ed. 3. Pars Ia. memb. 17. I am now at length arrived to the grand Objection of this case, the validity of which I am necessitated (though with reluctancy in my self) to consider, because if this Objection prove impregnable, the Councel of stopping the Exchequer may seem to be built upon a good, or at leastwise an excusable exccusable foundation, and so in all that I have hitherto said, I shall seem to have trifled with and eluded my Reader. And herein (because I pretend not to any Arcanums of State) I shall handle this point by way of Admittance and shall suppose that the fears and jealousies which at the time of shutting the Exchequer did possess this State were just, and such as might well fall upon constant and deliberating mindes. The Objection then will run thus. Ob. Ob. That our Neighbour Princes and States were making vast preparations for War, that the Heavens about us were black and Cloudy, and where the storm might fall no man could Divine. That Necessitas est Lex temporis, Quæ non habet Legem. That necessity and self preservation superintend all Lawes. That it is more eligible to lop off one member from the Body Politique, or at least wise to let an Arm, or perhaps a finger thereof blood, then that the whole should be endangered, &c. Sol. Sol. The Objection I must confess is important and weighty, and will deserve a substantial Answer. In order thereunto I must in the first place mind my Reader that I have (as I suppose) by irrafregable Argument proved the property of the Subject in this case violated. I will then add, that it is a Fundamental Law of this Realm that the Subjects propriety is not violable, no not in cases of National Danger, without his own free and voluntary consent, and that, First by the consent of his own individual person, or Secondly by that of his Representatives in Parliament, to whom he hath delegated his consent. To prove this I could produce infinite Records of Parliament and other Courts, but (for brevities sake) shall content my self with some few, doing herein like one that chooseth 5 or 6. full eares of Wheat out of a select sheaf, who must necessarily leave behind him as good as he takes. The first Record therefore that I shall insist upon, will be that memorable one of 14. Ed. 2. in a Writt of Error upon a judgement given in Durham in Trespass by Heyburne against Keylow, for entring his house, breaking his Chest, and taking away 70l. in money upon a special verdict, the case was this. The Scots had entred the Bishoprick with a formidable Army, making great burnings and spoil, the Commonalty of Durham (whereof the Plaintiff was one) apprehensive of the common danger, consulted together, and at length agreed to send their agents to compound with the Scots, for money to depart, and were all sworn (the Plaintiff being one) to perform such composition, and also what Ordinance should be made in that behalf, thereupon they compounded with the Scots for 1600 Marks, but because this Money was to be paid without the least delay, they all consented that Keylow the Defendant and others, should go into every mans house, to search for ready Money, to make up the said summe, and that it should be repayd by the same Commonalty, and thereupon the Defendant entred the Plaintiffs house, and took the said 70l, which was paid toward that Fine. The Jury were demanded whether the Plaintiff was present and consented to the taking of the Money, they said no. Whereupon the Plaintiff had Judgement to recover the 70l. upon this Judgement the Defendant brings his Writt of Error in the Kings Bench, and assigns errour in point of Law, and there the Judgement was reverst, because Heyburn (whose Money it was) had agreed to this Ordinance, and was sworn to perform it, and Keylow had done nothing but by the express consent of Heyburn, and therefore was no Trespassor, and that Heyburn had no other remedy for his Money, but against the Commonalty of Durham. By which it appeareth, that if the owner of the money had not particularly concented, such Ordinance could not have bound him, and yet this was in a case of imminent danger, and for publique defence. Mich. 14. Fd. 2. B R. Rot. 60. The next is a Record of the Parliament of 20 Ri. 2. some little time before this Session, the French had actually invaded this Realm, they had burnt Portsmouth, Dertmouth, Plymouth, Rye and Hastings, they had possest themselves of the Isle of Wight, beseiged Winchelsy, and at length entring the Thames with their victorious Fleet, came up to Craves end, and burnt most part of that Town, and (which was yet worse) in the North, the Scots had burnt Roxborough, and were ready to over run all the North of England, the Realme being thus beset both by Sea and Land with the united puissance of two mighty Kingdomes, and like a Candle burning at both ends, the publique Treasure also exhaust; a great Councel was forthwith call'd of the Prelacy, Baronage, and other great men, and Sages (or Judges) of the Nation, to consult about these difficulties, they came at length to a final resolution, the which Scroop, then Lord Chancellour, delivered to all the Lords in the ensuing Parliament, which (as the Roll above quoted saith) was thus. That since the last Parliament, the said Councel met, and considering the great danger the Kingdome was in, and how money might be raised for the Common Defence, which could not wait the delay of a Parliament, and how the Kings Coffers had not sufficient in them, they all concluded that money could not be had for such defence, without laying a charge upon the Commonalty, and that such charge could not be imposed without a Parliament; and the Lords thereupon supplyed the present necessity with their own money, and advised a Parliament for farther supply, and Repayment of themselves, which was accordingly done. Rot. Parl. Ri. 2. pars I. a. I think no man will pretend that our late danger (to say no more) was greater than this; and yet because there was no other course in those times thought lawful for the raising Treasure upon the Subjects Goods then by their own ascent in Parliament, only that course was then thought fittest to be practised, which was such as ought to be obeyed. The next Record is the Statute of 31. Hen. 8. cap. 8. some years before, this King had dissolved the lesser, and in the year of this Satute the greater Monasteries; which being a new precedent made a great noise, and the event thereof was apprehended with terrour and amazement all over the Christian world, this administred secret feeds of discontent to many of the people, which after broke out into open Rebellions (as our Chronicles declare) in several parts of the Kingdome; this King (though standing as much upon his prærogative as any of his Predecessors) to provide against the like suddain eruptions of this Torrent, which would not stay for Parliaments, procures a Statute to be made, that the King for the time being, with the Advice of his Councel, two Bishops, two chief Justices, and divers others, might by His Proclamation, make Ordinances for punishing offences, and imposing penalties, which should have the force of a Law, but with this proviso [that thereby no mans life, or property, Lands or Goods should be toucht or impeacht] so then though the Royal Power was thus corroborated by this Statute, yet the Parliament took care, that no mans Life or Property should be ravisht from him. However notwithstanding the said Restriction, this Statute was thought inconvenient, and thereupon repealed soon after, in 1. Ed. 6. cap. 12. Old booke of Statutes 31 He. 8. cap. 8. This Kingdome never laboured under a juster fear then in the Year 88. when it was assaild by that invincible Armada, or Sea-Gyant (as the Lord Bacon His War with Spain. calls it) and yet every mans Right was then preserved inviolable. Nay the Queen was so tender in that particular, that (as our Historians say) She gave Express Order that not so much as an Ear of Corn should be burnt, or other Goods of her Subjects devastated, until the Enemy had actually Landed, and was even upon the very point of possessing them himself. Cambden in vita Elizab. 1588. And therefore where the case of 8. Ed. 4. of plucking down the Suburbs of a City without the consent of the owners, in time of War, is Law, it must be understood of an actual Invasion of the Enemy, when the danger is in potentia proxima, and the Fire ready to take. 8. Ed. 4. And this manifestly appears by the Record of 11. Edw. 2. where the Mayor and Citizens of Dublin puld down the Suburbs of that City, but it was (saith the Record) Super imminentem hostilem irruptionem scottorum inimicorum infra Hiberniam, & pro salvatione Civitatis prædictæ, & ne dictis inimicis ad Civitatem prædictam facilior pateret ingressus &c. Claus. II. Ed. 2. Memb. 19 Dorso pro majore & civibus Dublin. And yet this Corporation neither would not trust to this point of Law, but for their better security procured the King's Pardon, which yet was cautiously enough drawn, for it was Pardonamus eis & cuilibet de communitate Civitatis prædictæ id quod ad nos pertinet de prostratione prædicta, &c. We Pardon as much as in us lies, &c. as appears by Pat. de anno 12. Edw. 2. Memb. 30. intus de pardonacione pro majore & Civibus Dublin . And so of the case of Gravesend Barge. If the Ferry-man may justify to throw my Goods over-board to lighten the Vessel, it must be upon an instant Tempest, and inevitable peril; but if the Ferry-man shall say, I see a Cloud yonder my Masters, its like to be a great storm, and thereupon shall throw them over, I doubt that is not at all justifiable in Law. Mich. 6. Jacobi Cokes. 12. Rep. 63. I shall now draw nearer our own times, and present you with a Triumvirate of precedents (to say nothing of the Petition of Right) in one and the self same Parliament (no less then that which attain'd the name of Parliamentum Benedictum) I mean that of 3. Caroli primi . Cokes 3d Inst. 3. First the Judgement of the two Houses in that Parliament in Dr. Manwarings case, who was sentenc'd by them principally for declaring in a Sermon (which he afterwards Printed) that the King in Cases of imminent danger to the Kingdome, might without Parliament Levy Money upon the Subject. Rushw Hist. Collect. 3. Carol There were other collateral charges against him its true, but this was the principal, and to this he chiefly applyed his Defence, and would have excused this Assertion by limiting it only to Cases of National Extremity, but that would not serve his turn, he himself submitting, and the Sentence afterwards affirm'd by the Kings Proclamation for suppressing the Book. Journal of both Houses. The second is the Commission for Loane, to carry on the War for the Palatinate, in which was suggested the safety and very subsistance of the King, People, and Religion to be in instant danger, that his Majestie's Rushw. Hist. Collect 3. Caroli Coffers were exhausted, that the supply could not stay for a Parliament, that the King upon his Accession to the Crown, found himself ingaged in this War, and that by advice in Parliament (which I think may deserve some remark) and only lending a little Money for prevention required, Now I would fain know what suggestions could have possibly been more substantial or persuasive, But because this course was compulsary, and without consent, these Commissions in the same Parliament were resolved to be illegal, and so consented to be by his Majesty, and so declared a little after in the same Parliament in the Petition of Right. Poultons Statutes 3. Car. I. cap. I. The third is the Commission of Excise issued to 33. Lords and others of the Privy Councel in which they are commanded to raise Moneys by impositions or otherwise, as in their judgements they shall find to be most convenient. Rushw Hist. collect. 30. Car. The Suggestions here, were for the most part the same with those in the above mentioned Commission of Loane, and yet adjudged by both Houses contrary to Law; and the Lords desired his Majesty that this Commission of Excise might be canceld, and shortly after it was canceld by the King, and thereupon brought so canceld into the Lords House by the Lord Keeper, and by the Lords so sent to the Commons. In the last place I shall cite the Statute of 17. Car. 1. cap. 14. For the Reversal of the Judgement in the case of the Ship-writs, I am not willing (as well of brevity as other reasons) to recite this Statute at large, but I dare engage that no man shall read that Law, but will say it is a most direct Judgement in the point against the violation of propriety in case of National danger. If any man however, shall for reasons best known to himself, Arraign or Calumniate this Act of Parliament, I shall say no more then this. If it be Law, why may I not vouch it? If it be not, why is it not Repeald? why doth it still cumber our Statute Books? I am heartily sorry to have had so invincible an occasion administred to me here, of disturbing the Rest of these sleeping Muniments of propriety; but this presumption also must be added to the black train of those Calamities which follow this pernicious Councel. It is but natural to mankind to bring in what Arguments they can to preserve their undoubted Rights, especially when irritated by that unhappy Thing which renders men not only miserable, but (as the Poet saith) Ridicule and contemn'd. Juvenal Saty. 3. versus 151. Neither have I here (I hope) invaded the just Regalities of his Sacred Majesty Malesty (for which no person hath an higher veneration then my self) but rather confirm'd them. For (as Sir Francis Bacon then Atturney General said) whilst the Prærogative runs within its ancient and proper Banks, the main Channel thereof is so much the stronger, for Overflowes (he adds) evermore hurt the River. I. Refusutario fo. 65. If any man after all this Evidence be yet unsatisfyed in this point, I will send him to France (for I would rather find a President there) and advise Guilme Fermyes Commentary on the Customier of Normandy. him to consider the case of Normandy. That Dutchy had been for some time rak'd with Exactions contrary to their Franchise and Customes, and thereupon complain to Lewis the 10th. the then French King, he by his Charter in the year 1314. recognizing the Right & Priveledges of these people, and the injustice of their Grievances, grants that from that time forward, they shall be discharged from all Subsidies and Impositions to be laid upon them by him or his Successors, yet with this deadly sting in the tail of all [ Si necessitie grand ne le requiret, Unless in cases of great necessity] which Minute and almost insensible exception we see hath eaten up (upon the matter) all their immunities, for though these States do annually assemble, yet their Convention is little better then the carkass of a Parliament, and they are become but the necessary Executioners of the Royal pleasure. Comines Hist. of France, Lib. 13. Fortescue cap. 35. Obj. Ay, but did not our Ed. 1. and Edw. 3. do greater things then stopping the Exchequer? are not our Chronicles full, of their breaking even into the Churches and Abbies, and ravishing the Treasure of the Subject for Supply of their Warrs. Admitting this Allegation to be true, I Answer. Sol. First, we discourse not here what hath been done, de facto, but what may be done de Jure . And to counterballance these, we may put other Princes of this Realm of a contrary complexion into the other Scale. Edward the Confessor restored the Danegeld Money (a grievous Taxe formerly in use here) to the persons from whom it was exacted, it seeming to him (as no mean Authors write) that he saw the Devil danceing and triumphing upon that vast heap of Treasure, when he was conducted by his Officers to view the same. Polydore Virgil. Ribadinira Cop. grave Surius And (by the way) this Act of singular piety he did, when his people laboured under a dreadful Famine. King Henry the Second (say our Chronicles) maintain'd great Wars, and obtaind a larger Dominion then pertain'd at any other time to this Realm of England, and notwithstanding never demanded Subsidy of his Subjects; Selden's Marc clausum, Lib 2 Spilm Glossary title Danegueld and yet his Treasure after his death was found to be, Nine hundred thousand pounds besides his Jewels and Plate. Speed, Baker, Haywards Hen 4. I. part. p. 56 Certainly a prodigious summe in those dayes! It is notorious also that Queen Mary did by her Letters Patents, of her meer Grace and great Clemency for the succour and relief of her loving Subjects (saith that Record) pardon and remit a whole Subsidy given by them to her Predecessor, which release was afterward confirm'd by Parliament. Old Statutes I Mariæ sissio 2. cap. 17. And Queen Elisabeth also remitted one Subsidy of four granted to her saying, It was all one to her, whether the Money were in Her Subjects Coffers or her own . Cambden vita Elizabethæ. Secondly these Depredations begot many good Lawes for the firmer munition of property for future time, and particularly this violence of Edw. 1. was executed in the 25th. year of his Reign, and in that very year (and not in 34[deg] as our Printed Statute Books say) was made the Statute de Tallagio non concedendo, with which the English defend themselves (saith Bodine) quasi Clypeo, as with a Buckler against their Prince. De Repub. lib. I. cap. 8 Thirdly, this King (as our Chronicles affirm) layd this outrage much to heart, and that before his Royal Pallace at Westminster, invironed with infinite numbers of his people, thither by him purposely summoned, and being rais'd upon an Ascent or Pedestal, the better to be heard and seen, the Prince, Arch-Bishop of Canterbury and the Earl of Warwick also standing with him. Lib. 3. cap. 9. columna 2510 Rogavit populum accepta licentia (saith Knighton) ut omnia condonaretur ei, & orarent pro eo . He earnestly intreated the people that they would forgive him, and pray for him. And Matthew Westminster goes yet farther Rex erumpentibus lacrymis (saith he) veniam de commissis humillime postulavit. The King bursting forth into Tears, did most humbly aske pardon for what he had done (a passionate transport of a Prince that before that time had rendred himself redoubtable among the Saracens as well as the French, and that had triumpht over Scotland and Wales!) Math. Westminster. pag. 409. 410. And after he had excused himself to them, with all the sweetness of Expression adds. Et omnia oblata reddam vobis. And I will restore all that I have forct from you. Math. Westm. ibid. And in pursuance of this promise forthwith makes an Bundelæ Brevium de privato Sigillo in Tutre London. Anno 25. Ed. I & pit. 26 Ed I Mem. 21 Ordination of Councel (which I have seen in French, and can produce the Copy) to issue forth Commissions of Oyer and Terminer, into all the Counties of England, to enquire what things had been forcibly taken by his Officers, out of the Churches or else where, from the Clergy or Laytye, either to guard the Seas, or for any other purpose, with Warrants or without, during his Wars with France, and to determine those matters. Et ce qe serra pris, seit returne a ceaux, qe le damage ont receu (saith the Record) And that those things that were forct away might be return'd to them that had receiv'd the damage, and to punish the parties offending, which Pat. 26. Ed. I. Memb. 21. inquirendo super gravaminibus populo Regnifactis &c. Commissions were accordingly executed (many of which I have seen, and can produce the Copies) in which are contained many excellent particulars, too long here to be recited. And for those small Remainders of Moneys which hapned not to be restored or satisfied by vertue of those Commissions, they were two or three years after recovered in the very ordinary Courts of Justice, to prove which (among many others) I will cite this one Record. Coia. Pa. 29. Edw. 1. Rot. 18. The King pro urgentissimis Regni negotiis, & pro defentione totius Regni (saith the Record) had seized divers summes of money in all the Abbies, Cathedrals, and Religious Houses within the Realm, & (quo citius commode poterit) promised repayment: In the Parliament of 29 Edw. 1. at Lincoln the King is Petitioned for repayment, who promiseth payment. Ita quod Regis conscientia super hoc exoneretur, and there, and Rot. 19. Divers summes are adjudged to be repaid. Again it is not at all probable this Prince would be negligent in paying his own, that was so just in satisfying his Fathers Debts (as we find by our Records) so that upon the whole matter, notwithstanding this Objection; Pat. 4. Ed. I. Memb. 19. intus I think we may concurr well enough with Sir William Herle Ch. Justice of the Common Pleas, who in 5. of Edw. 3. saith of this Ed. 1, (in whose time he lived) Que fuit pluis sage Roy que unques fuit . That he was one of the wisest Kings that ever was in the World. Pasch. 5. Ed. 3 casus 5. For Ed. 3. his Rapines likewise produc't very benificial Lawes to the Subject, as will be manifest to any man that shall peruse the Statutes of that time. They were actions which he never justified, but excused alway with singular Resentments. As appears by his Letter (extant upon Record) to John Stratford then Arch-bishop of Canterbury, in the which he recounts the Tallages and Exactions with which he had burdened his people which (he saith) he could not mention without inexpressible grief of mind, and there excuseth himself upon the inevitable necessity of his warrs, and desires the Arch-bishop to satisfy the people, and to stir them up to pray for him, hoping ere long he should make them compensation, and give them comfort. Rot. Almaniæ 12. Ed. 3. Mem. 22 in Dorso De excusando Rege populam versus. Ob. There remains yet one Objection with which I am inforc't to encounter, se defendendo, because I perceive it ready to assail me. And that is, that the Parliament is a great Body, (I speak it with all due reverence) and moves slowly, and therefore if the Law allow not some other course (as this of stopping the Exchequer or the like) in raising money in case of suddain Danger, the Kingdome may be lost before the Parliament can supply. Sol. To this I answer, That all Warrs are either Offensive of Defensive. If it be Offensive, it cannot be suddain, for it is the King's own Act, and the result of mature deliberation; and so there their may be time enough to call a Parliament, if it stand with his Sacred Majestie's good will and pleasure. If it be a Defensive War by Forreign invasion, which I shall (to avoid Cavil) agree may be suddain (though a great Statesman tells us, that these Clouds are commonly visible afar off before the Tempest fall) I say if by Forreign Invasion, then first the impulse of self-preservation (an indelible Character wrote on every man's mind by the very hand of Nature) will dispose all Mankind to expose their Lives and Estates, which otherwise they must inevitably lose. Comines fol. 179. And this seems to be the case of this Kingdome in the Year 88. for there was then no Parliament sitting, but many of the Worthies of that time, (some of whose names are transmitted to Posterity) at their own private charges, brought in men and Ships to the Common Defence. Cambden vita Eliza. But Secondly, if we are to suppose that men must be drag'd and haled to their own preservation; I say then the Law hath provided, that in case of Forreign invasion, every Subject within the Land, high or low, whether he hold of the King or not, may be compel'd at his own charge, to serve the King in person. To prove this I can vouch Authorities from Common Law. Statutes and Records which for brevity I will not quote at large, but (least any man should doubt hereof) will only point where they may be found. Common Law, see 7. H. 4. Brook Tenures 44. & 73. Fitch. Protection 100. Coke 7. Re. 7. b. Calvins case. 2 Rolls Title Imposition 165. &c. 1 Inst. 69. b. in fine . For Statute Laws see (among many others) 1. Ed. 3. cap. 5. 11. H. 7. cap. 1. 11. H. 7. cap. 18. &c. For Records (among many others that I have seen) I will crave leave to vouch two. The First is 14. Johannis Regis, where upon an imminent French invasion, King John issues out Writts, in which he summons all his Subjects, high and low to repair forthwith to Dover. Math. Paris 223. Matth. Westm. 92. Ad defendendum caput nostrum (saith the Record) & capita sua, & quod nullus remaneat qui Arma portare possit sub nomine Base Cowardise or Turntail so the glossaries Culvertagij, & perpetuæ servitutis &c. Rot. Franciæ Anno 26. Ed. Memb. 5. The other is upon a French invasion too, design'd against this Kingdome in 26. Ed. 3. the which being a Record so apposite to my purpose I shall recite somewhat more at large. Rex dilecto consanguineo & fideli suo Henrico Duci Lancastriæ salutem. Quia Adversarij nostri Franciæ nos & Regnum nostrum Angliæ invadere machinantes, ad nos & Dominium nostrum, & totam nationem Anglicanam pro viribus destruend. Nos considerantes omnes Incolas dicti Regni cujuscunque conditionis extiterint, cum versetur commune periculum teneri de jure pro patria pugnare, & eam contra hostiles aggressus defensare. ---- vobis mandamus quod omnes homines defensabiles tam milites & Armigeros quam alios quoscunq; de dicto ducatu cujuscunq; status seu conditionis fuerint arraiari, & quemlibet eorum iuxta statum & faculates suas, Equitaturis & Armis competentibus muniri &c. I shall conclude this Section with a case of very recent Memory, and of singular Notoriety throughout the whole Kingdome, I mean that of the Conflagration of our Ships by the Dutch not many years past in the River of Chatham. There prevail'd at that time an universal jealousy among the people that upon this occasion some suddain stop might be put upon the Exchequer, and thereupon the Bankers were exercised with restless solicitations for the speedy payment of their Debts. The King for the sedation of these Fears and apprehensions, is advised (and not without infinite prudence) to issue forthwith his Declaration to preserve inviolable the course of payments in the Exchequer, which was accordingly done. Now let's see what were the grounds of this Declaration. See the Declaration at the end of this Treatise. Why truly they are exprest there to be. First, Least the Credit of the Bankers (who had been so useful to the King) might be weakned. Secondly, Least the King's Securities might be undervalued. Lastly, Least in consequence the publick Safety might be endangered. Now all that I shall say is this. That (of what valew in reason of State it may be, I know not, but) to men of vulgar Negotiation it seems a Riddle and matter inextricable, that these considerations which at that time appeard to have been of so politique and valuable Regard, within the space of two or three years, upon a like occasion, should be thought by this Advisor clearly Obsolete, and altogether void of Prudence; And the Credits of the Exchequer, Royal securities, and the publique safety so little by him consulted. Idem manens idem, semper facit idem. I have at length discharg'd my self of this grand and Colossus Objection, in how tolerable measure I must leave to the Candor of my intelligent Reader; But if it happen that I have herein given a substantial and effective answer thereunto, I dare say this pernicious Councel hath then no farther support, but must of necessity fall to the ground. However I am to enter my Protestation, that I would gladly have declin'd so sublime and important an Argument, if the nature of this discourse had not (much against my own inclination) compeld me to the contrary. ALL men agree that Rome (whether Monarchical or Republique) was a State founded upon the choicest Polities that ever were practised in the world. (And (as Florus saith) he that reads their Atcheivements contemplates not the Gests and Actions of one single people, but even of all mankind. In proemio ad Historiam. Let us then consider, what expedients this so prudent a Nation exercised in cases of like nature. It is plain this State was never under a streighter duress or pinch then after their dismal defeat at the Battail of Cannæ, for then had Hanibal broke into Italy like a Deluge of the Sea, bearing down all before him, and at length this Tempest of War had begirt the very walls even of Rome, with his triumphant Army, and which was yet worse, the Roman Treasury was totally exhaust. In this Extremity Levinus and Marcellus the Consulls declare forthwith by Edict, That each private person of such an Estate (and so others proportionably) should furnish out a Souldier at their own charge for thirty dayes. Ad id edictum (saith Livy) tantus fremitus hominum, tantaq; indignatio fuit, ut magis Dux quam materia seditionis, deesset. Upon this Edict so hot was the rage and petulancy of the people, that there wanted nothing but a Leader to have put all into a cumbustion: Livii. Lib. 26. The Commonalty crying out that they had now for many years been loaded with Tributes that their Lands lay fresh and devastated, and that they could not by any force be compel'd to give that, which they had not to give: And this and much more they spake, not in corners, but even in the Market-place, and in the hearing of the very Consuls themselves. In so great an Agony of the Body Politique, theLords of the Senate Assembled, to consult how they might with more security Levy Money, and string themselves a fresh with new Sinews of War; after many temerarious courses proposed and rejected, they thus reasoned (as Livy and Florus relate) amongst themselves. Livii lib. 26 Flori lib. 2. Omne aurum (say they) Argentum æs signatum ad Triumviros Mensarios deferamus, nullo ante senatûs consulto facto, ut voluntaria oblatio, &c. Let us our selves that be Senators first bring into the publique Treasury all our Gold Silver and Money, and this too without any formal Decree, that so this voluntary Oblation of ours may excite an emulation of supplying the Common-wealth, first in those of the Equestrian Order, and then of the Commonalty; In pursuance of this proposal, the Lords of the Senate brought in all their Treasure accordingly: Now see what the consequence hereof was. Hereupon (say the same Historians) the Knights and Gentlemen followed the example of the Senators, and the Commoners that of the Knights and Gentlemen; And the Contributions were so large, and the Conflicts so sharpe for priority of registring names, that the Exchequer had hardly Books and Clarkes enough to enter the particulars. Bodine commenting upon this prosperous Councel, hath these very words. Cum Annibal Italiam quateret, urbemque ipsam obsideret, Senatus diruto ærario nova tributa subditis aut sociis imperari noluit. Nihil enim prementibus hostibus tam periculosum When Hannibal had made Italy to tremble, and had besieged Rome it self, the Senate, though the publique Treasure were spent, would not impose new Tributes upon their Subjects and Colleagues; For nothing (saith he) can be more hazardous upon an instant impression of an Enemy. Bodin de Repub. lib. 6. ca. 2d Ærario. Neither is it to be forgotten, that the same Historians add, that parta victorii &c. That after Victory obtain'd, and the Carthaginians discomfited, the Senate had decreed the Repayment of every Lenders Money justly and honourably, which was Executed accordingly. Livii Lib. 26. & Lib. 31. Bodin Lib. 6. cap. 2. The Learned Boterus Relates a Story very apposite to this purpose. Boterus de politia Illusterium &c. Lib. 7. ca. 3. Ladislaus Dux Neopolitanus victus (saith he) fugatusq; ab hoste, &c. Ladislaus Duke of Naples being vanquisht of the Enemy, flies to Naples, and there consults about raising Money for the reinforcing of his Army, and had resolved (by the Advice of persons more factious then wise, saith that Author) to effect this by imposition of new and unusuall Taxes, this being intimated to one Gorellus (a person of singular Prudence and Gravity) he forthwith repairs to the Duke, and bespeaks him after this manner, I am afraid (GREAT SIR) that whilst you are solicitous of repelling the Enemy, you take no care of falling into the hatred and Malevolence of your own Subjects, by this imposition of a new Tribute: I beseech you, Sir, what can your greatest Enemies breath after with a warmer zeal then that you should follow a Councel, that will assuredly dispoile you of the Love and fidelity of your people. Banish then GREAT SIR, out of your Royal Breast so pernicious a determination; for that money which you want, my self with some other of your servants (who are to run the same Risques of Fortune with your Majesty) will presently supply you; And taking a Pen in his hand, he put down what each person (himself principally) was to pay, and the Money was in a moment brought in, Prudentissimum sane pro re & tempore, &c. saith Boterus. A most prudent Councel for the matter and occasion, given by Gorellus, and approved by the Duke, by which (saith he) the wiles of the Enemy were prevented, and the popular quiet and contentment consulted. Now because contraries appear best by opposition, I will produce one instance a little diverse from this. Augustus Cæsar had suddain news brought him of a vast Army in the raising by Mark Antony to encounter with him; The Prize to be fought for was no less then the Empire of the World. Augustus (being young, and instigated by evil Councel) squeeses the people with Taxes towards the surport of this War. The people hereupon began to Mutiny, insomuch that (as Plutarch Reports) the wisest men of that time took it for granted, that if Antony in this conjuncture had approacht nearer with his Army, the Romans would have assuredly revolted, and delivered up Cæsar into the hands of his Enemy. In vita Antonii But (as he saith) the imprudent delaies of Antony gave time to the people of concocting their discontents and of the sedation of their Passions; neither is it to be neglected that this Illustrious person, after the defeat of Antony, and his own access to the Empire, took such warning by this hazzardous mistake, that ever after he abandoned all Councels of this Nature. And unto that degree that in the last twenty years of his Reign, he laid out upon the Publique Benefits and Emoluments of the Common-wealth (as Seutonius writes) little less then Quater decies Millies See for this valuation Budæns de Asse. Hackwel's Apology and Savil's notes on Tacitus History, Lib. 1 c. 6 sestertium , That is, Eleven Millions, Eighty thousand five hundred thirty three pounds six shillings eight pence Sterling: Besides his two paternal patrimonies, and other his Inheritances. Others report, thirty five Millions of Gold, besides the two aforesaid patrimonies. Obj. Many other examples of like nature I could produce out of History and Policy, which yet (for brevity sake) I forbear to do, and hasten to answer an objection, viz. That (as certain Authors affirm) some Princes have by great Usuries Decoyed vast summes of their Subjects Moneys into their Exchequers, and forborn afterwards to repay them, on purpose to oblige their people to a stricter Obedience and fidelity to the Crown, And this Artifice (as Bodine Reports) was recommended as a subtle project to the French Kings, and accordingly practised by them. Life of Augustus bound up with Plutarch Lives. Sol. I shall answer this Objection in the very words of the same Bodine, in an other place. De republica 6. cap. 2. Hæc quidem tolerabilia viderentur (saith he) Si quod Regibus nostris persuasum erat, Civitates, obsequio & fide majore, acceptis mutuo pecuniis, devincire potuissent, sed nullis temporibus graviores in Gallia tumultus, aut plures Civitatum defectiones, extiterunt. These Councels had been tollerable (saith he) if as these State-Mountebanks would perswade our Kings, the people by this deteiner of their Money would have been conteind in better Obedience, but alass, there were never more dangerous Tumults in France, or more frequent Revolts of Cities known, then in those very times. Essayes. All States have tollerated Usuries in one kind or Rate or other, And it is impossible (saith the Lord Bacon) to conceive the inconveniencies that will ensue not only to Merchants but all other persons if the borrowing of Moneys should be cramp'd and discouraged: Therefore consideration for Moneys lent hath been entertaind (as the Scripture saith) of the Judaical Divorces) for the Hardness of mens hearts. And the Endeavours of abolishing thereof have proved sometimes inconvenient and dangerous to the States where it hath been attempted; Annalium 6 To prove which I shall produce but one Example reported by Cornelius Tacitus, who tells us, that in the Reign of Tiberius Cæsar. Magna vis accusatorum in eos irrupit qui pecunias fænore auctitabant, &c. That a great Rabble of Informers rose up against those persons which took excessive Usury, and thereupon every man calling in his Debts, on a suddain ensued a great want and scarcity of money, and an universal discontent, and the aspect of affairs seem'd not very propitious, which being perceived by that predent Emperour, he forthwith caus'd an hundred Million of l. 791466. s. 1 sterling. Sesterces of his own to be put into the Bank to be lent to all men that had occasion for three years without interest, and thereupon all things became calm and sedate again. Lastly, though the Exchequer here be again opened (as in good time I hope it will) yet the persons therein concern'd will notwithstanding sustain infinite damage, in point of irreparable loss of those opportunityes of advantagious Bargains, Marriages, and sundry other particulars, which in this interval have been offered unto them. IT is a Rule that hath prevail'd among all Nations (as well Barbarous as Civil) That Quod Omnes tangit ab omnibus debet supportari. And again. Qui sentit commodum, sentire debet & onus . Where the utility and peril is common, there the charge and contribution ought to be common also. But I doubt if this Councel happen to be weighed in this Ballance it will prove light, for as it is plain that the Defence of the Kingdome was an utility to the whole, so it is as evident that the charge thereof was fastned upon a Part. What is this but as if the States of Holland should impose the expense of defending their Countrey from the Sea, upon a parcel of their people? Or (if we may compare great things with small) as if the Banks and Walls of the great Level of the Fenns, should be maintained by a small number of the Proprietors? And yet this seems to be the present case, and how far this proceeding is contrary to the common Reason of Mankind, I leave to the world to judge. But this is not all neither, For this charge is not laid only upon a Part, but in great measure upon the most impotent and necessitous part of the Kingdome, and upon many of those glorious Worthies which maugre all the Temptations and menaces of wicked men preserved their Virgin Loyalty chast and undeflowred. I have observed that some persons in Parliaments have used it as a motive to supply our Kings with Money, because say they, that which you give, is but like a vapour exhaled by the Sun, which gathereth into a cloud, and in short time distils again upon the Earth in gentle dews, and fructifying showres. But this Advice, what was it but to draw up the Tears of Orphans and Widdowes, the milk of helpless Babes, the sweat of the Labourers brow, and the heart blood of several poor Loyallists, (among others) to fertilitate the Lands of many persons which (not to say worse) wallow in all Afluence and Riches? Amos 3.12. compar'd with 2 Sam. 12.2. Or (if I may use a Scripture Metaphor) to take two Leggs, or a piece of an Ear of a Lambe, which we had rescued out of the Jaws of the Cromwel Sequestrators, Commitee mendecimators, &c. Lyon, and give it to the Rich men that have many Flocks & Herds. For nothing is more evident then that many of those wretched persons that had but one hundred pound in all the world, had that All taken from them towards the Defence of the Kingdome, when may others that were worth hundred thousands, expended not a farthing at that time. And now what I shall say more Pudet hæc opprobia nobis Et dici potuisse & non potuisse refelli. Now for the Influences this Councel may have upon his Majesties Exchequer, in all likelyhood they cannot prove very propitious and benigne. Few things have been more dear to Princes then the Reputation and Glory of their Exchequers, And Queen Elizabeth wars so punctual in this particular, that in her time (they say) it went for a Proverb. As sure as Checke. For (as a great Author Writes) Outward esteem and Reputation is the same to great persons and Things, which the Skin is to the Fruit, which though it is but a slight and delicate cover, yet without it the Fruit will be subject to discolour and Rot. Lord Herberts H. 8. He that hath a mind to contemplate the Consequences of a discredited Treasury let him but consider the Cases of Henry the second of France, Reported by Bodine, and of our King Henry the 8th. by the Lord Herbert (for I would rather they should declare them then I) And I am afraid that when men shall be importun'd to lend money upon any future Occasion, they will be apt enough to discourse within themselves, That that which hath been done may be done again, and that the Moneys of other men were secured unto them by Declarations and Acts of Parliaments, and that they cannot expect higher securities then these, &c. Bodine Lib 2. cap 4 in fine Lord Herberts Hen 8. Last leaf but one. It is true indeed when the Exchequer is again opened, this Objection will be in good measure answered, but till that time I fear it will remain not inconsiderable. I shall no farther pursue the Pestilence of this Councel in this particular (it being so obvious to the meanest understanding) but shall now state the Case between Phillip the Second of Spain, and the Bankers of Genoa, as I have extracted it out of the best Authors I could find, which treat upon that Subject. Charles the Fifth Emperour of Germany, had for a long season revolved in his mind how he might render the State of Genoa obsequious and dependant upon himself, and this he did (among other reasons) that he might as occasion served with the greater facility Transport his Armyes out of Spain thorough this Territory into Italy. Thuani Hist. lib. 61. anno Dom. 1575. In order to this, sundry Experiments had he made, which yet by the jealousies of that people were alwayes rendred improsperous. Metarani Hist. Belgica Lib. 5. Bodine de repu. Lib. 6. Campanella Spanish Monarchy c. 21. Charles (being as he was a Prince of prodigious Subtility) falls upon new Councels, he considered he had to do with a people that dealt much in Money, and were generally great Bankers, and Merchants, and therefore concluded that if by extraordinary Usuries he could allure their Money into his Exchequer, he should then be in possession of the best Hostages they could give him for their Fidelity and Observance. Helyns Cosmography in Genoa. Lassels. Voyage into Italy, I part. pa. 99. cum multis aliis . This Emperour dying, Phillip his Son, after his Fathers Example (to make these birds more confident, and less jealous of the Snare) proceeds for some time to feed these unhappy money-changers with excessive Usury, till by this fine Dexterity he had conveyed into his hands no less then 420. Dutch Tun of Gold, some say eleven, others eighteen millions of Gold, and then secures this Debt to them very fairly upon the Tributes of Spain and the Indies. The silly Birds were now very secure, and Sate fair, and there wanted nothing but the drawing the Net. Thereupon King Phillip (being exhausted with his Low-Country Wars and with all) sensible of the weight of so ponderous a Debt, takes occasion at first to cavil at some little misreckonings in the Accounts, and a while after insisted that he had heretofore paid them more Interest money then they ought to have received, and therefore (quoth he) that overplus ought in all reason to be deducted out of the Principal, and thereupon by publique Edict (taking the Opportunity likewise of some Civil discords, which at that time raged among them) forthwith stops their Pensions issuable out of the said Tributes. And then to fortify this Act, by secret Combination with the Pope (to render the Action more specious) procures a Bull from his Holiness to confirm all that he had done, however for so much Principal Money as was afterward agreed to be due (which in the year 1600. I find was One Million and half of Gold) the Crown of Spain hath ever since to this day justly and Honourably satisfied the Interest. This is the true state of this Case (according to my discovery thereof). Now it will be evident to any person that shall compare these two cases together, that they differ each from other in sundry essential circumstance. For, First, this Severity of King Phillip was not exerted upon Children and Subjects, but upon a Forreign State, of which Spain had then just causes of Apprehension and Jealousy, and so the Action well enough consistent with the Rules of Policy. Secondly the Envy and Enormity of this Feate, was by a curious Legerdemain juggled upon his Holiness, and King Phillip to all outward appearance rendred innocent thereof: This Debt (saith Peter Heylin) was cut off by the Pope's Authority, that so King Phillip might be obliged to that See. Helin's Cosmograph. Hoc debitum (saith Metaranus) per pontificis decretum propter ingentes usuras fuit diminutum, & moderatum . This Debt by the Pope's Decree was moderated upon pretence of excessive Usury. Metarini Hist. Belg. Lib. 5. And Bodine Droling facetiously upon the proceeding, sed risu digna res est (saith he) quod non modo Genuensibus verum etiam Philippo, &c. It was thought very pleasant and ridicule that not only the Genoeses but Phillip also should be interdicted, he, because he took money to Usury, they, because they lent it. Bodin. de Rep. lib. 9. cap. 2. However they were both (this being done only by compact, and to give the better grace to this neat Emuncture or wipe) in a little time absolved again. Thirdly, in this case the Interest Money was and is punctually satisfyed, and I wish I could affirm as much in ours. Fourthly, I do not find that this Debt of the Genoeses was secured unto them by any Act of the Cortes or Parliament of Spain and so the Common Faith of that Nation inviolate. But in our case, our Debt is secured to the Bankers and their Assignees by National Obligation, As I have (I think) above most evidently proved. Lastly, Campanella the Jesuite a man of infinite subtility, and one that seems to be even anxious, and eaten up with zeal for the Grandeur and prosperity of Spain, the which he cultivates with a singular diligence in his Discourse of that Monarchy. Campanella Span. Mon. chap. 21. This very man, I say, doth with all his vigor, not only advise, but importune King Phillip with all speed to pay this Debt to the Genoeses. Least saith he (among other reasons there given) if there should happen any Rising in Italy to the prejudice of that King the Genoan Banners might march also along with them for company. I shall (I hope) auspiciously take the rise of my Conclusion from two memorable Records. The one relating to Widdowes and Orphans, the other to those Worthies who with their Lives and Fortunes had many years agoe propugn'd the Rights of the English Crown. That which concerns the former I shall for the excellency thereof (so far as it concerns my purpose) transcribe verbatim. Die veneris proximo ante Festum beati Edwardi, Anno Regni Regis Henrici tertii 34. venit Dominus Rex cum suo Concilio ad scaccarium & ibidem proprio ore præcepit omnibus vicecomitibus Angliæ, tunc ibidem existentibus. Imprimis quod modis omnibus observarent & manutenerent libertates sanctæ Ecclesiæ, & similiter manutenerent Pupillos Orphanos, & viduas & celerem eis justiciam exhiberent exhbierent , &c. Inter Communia termino Mich. 35. Hen. 3. in Officio Remen. Thes. in Scac. Rot. 2. Intus. præceptum Domi. Regis Here we have, it Registred in the Records of Fame, that the glorious King Henry the Third, came in his own person into his Court of Exchequer, environ'd with his Illustrious Councellors, and there with his own mouth gave it in charge to all the Sheriffs of England. Prov. 29.14. That in the first place (next after holy Church) they should Defend the Orphans and Widdows, and do unto them speedy Justice. The other Record is that of II. Hen. 6. where that Renowned King gives express Order that a Roll should be forthwith made of such persons which had spent their Youths and Estates in the service of his Royal Grandfather, Father and Himself, to the intent that such of them (I shall give you the very words of the Record) which are without any Livelyhood, or Reward. Guerdon, and so in great mischief and necessity, and some but easily Guerdoned, and nought like to their Desert and Service, may, when Offices and Benefices fall, have them confer'd upon them, &c. Rot. Parl. 11. Hen. 6. Memb 6. Cokes 4th. Inst 56. Rot. Parl. 8. Hen. 6. Memb. 11. I hope no body will think me so presumptuous or vain, as to prescribe this for an Example; I know when we have served God and the King with our Lives and Fortunes, we are notwithstanding unprofitable Servants, and have still done but our indispensable duties, only this I shall say (and I speak it with an humble modesty) That I hope we that were Sufferers for our Loyalty, shall be thought now, as worthy of enjoying those poor Remnants and Scraps of our Fortunes, as these persons before us were of receiving their Guerdons and Rewards. I do never without a secret exultation of Mind consider this following Memoire that I find of Augustus Cæsar: upon the Defeat (saith my Author) of Mark Antony at the famous Battail of Actium, Augustus commenc'd Emperour of the World; some few years yeaas after, a certain old Souldier (that in this Battail had done Cæsar good service) hapned to be impleaded for his Life before his Imperial Majesty, and the Senate; Vita Octavii Augusti, bound up in Plutarch's Lives. The Soldier implores Cæsar (then present) to help him in this Distress, Cæsar recommended him to an able Advocate, the rough Soldier not contented with this, forthwith rips open his bosome, and exposing to the view of the whole Court the marks of the Wounds which he had received at the said Battaile of Actium; These wounds (quoth he) O Cæsar have I received on my mangled body in thy defence, and substituted no Deputy in my place! Augustus hereupon (overwhelm'd with the Passionateness of this Action) presently stood up and pleaded the Soldiers Cause himself, and carried it. An Action certainly well beseeming an Emperour of the World! And are there not many miserable persons concern'd now with the Bankers, whose Fathers, Husbands, Children, and other Relations have asserted the Crown of England with their dearest Lives and Fortunes? nay, are not several of that kind yet surviving, which do yet bear in their miserable bodies the Scars and glorious Remarks of their Loyalty, received in the Battails of Edge-hil, Newberry, Nasby, Worcester, and indeed where not? And shall we imagine that our Cæsar (a Prince of such eminent Clemency and Justice) will suffer these persons and their Families to starve for want of that which is their own? And that he will not proceed (as he hath begun) to be an Advocate and Intercessor for them in so just a Cause. I dare be confident his Majesty is inexpressibly sensible of this Calamity, which is fallen upon us, and his Royal Bowels yerne with Compassion towards us. Neither is the Delay of Payment hitherto any Defect in His Majesty's innate Justice, but an Excressence and unhappy superfetation of the first pernicious Councel of Shutting the Exchequer; to think otherwise were to blaspheme the greatest sweetness of Nature in the world, And to prophane that Illustrious Prince, of whom no man ever yet form'd a thought, but his mind was presently fild with the Idea of all that is Great, and Just. For my part I am no Projector, and I have alwayes in my own Nature abhominated all Vermine of that kinde; But yet me thinks it is not impossible to designe a Course how to pay off this Debt of the Bankers, and that by waies not only practicable and Legal, but Grateful also to the Kingdome. I am not ignorant that I have here all along in this Discourse dealt in an Argument of sublimity and importance, of which a man can hardly write perhaps without being in some measure Sacrilegious, But yet we find that our Saviour Christ excused the servants of King David, when they were ready to perish for want of food, though they broke into the House of God, and made bold with the holy Bread. Matth. 12.3 and 4. And the Law of this Land acquits the person that steals viands to pacify the present Languishments of nature. Stamfords Pleas of the Crown. Where the purturbations of the Judgement and Reason are so great, as in presumption of Law, man's Nature cannot overcome, such necessity carryeth a Priviledge in it self; (saith no mean Author) And I hope that man shall not be thought pragmatical or busy that deals in a matter in which the Fates of his Ruine or Happiness are imbarck't. Ld. Bacon's Maxims of Law, pa. 29. There be many things which possibly I have forgot, and some things which I have perhaps industriously omitted. If any matter have fallen from me inconsiderately, (as in so long a Discourse may easily happen) I do with unspeakable humility and Prostration beg Pardon, requesting this one Favour, that no persons would censure me, or those worthy persons in my condition, until they have first represented our Cases to them selves, as their own. Protesting in the last place that I have written nothing but with a mind at all times ready to sacrifice theBody it dwells in to the Honour and Safety of my Gracious Soveraign and his Kingdomes, And upon that glorious account, prepared alwayes to suffer more, then He or They deserve; that advised His Majesty to the stopping the Exchequer. Illud omnium maximè tenendum erit a Principe, ut fortunis alienis temperatum fuisse cognoscatur: Nam citius parentum cædem oblivioni dant Homines; quam Fortunarum suarum direptionem. Nic. Machiavelli princeps, Cap. 17.

Politics

THE Introduction.

The case of the bankers and their creditors. Stated and examined [...]

PolB1689

TO remain silent under the Aspersions which some busy, but either weak or ill Men, are endeavouring to fasten, not only upon the Proceedings, but upon divers of the most Honourable and Loyal Members of Parliament, were to be no less treacherous to his Majesty, than careless of the Reputation of that whole Illustrious Body; as well as of the Integrity of those Persons who are said to have so much influenced the Transactions of it; and whose chief Crime (with those that Malign and Traduce them) is their having expressed so much Affection and Zeal for His Majesty's Person and Service: And as the representing their Actions in a true Light, is all that is needful, both to justify and commend them; so whosoever will be at the pains to examine them, will find them adjusted to all the Rules of Law, Religion, and Policy. And as it is not to be doubted, but that whensoever the Parliament Assembles, they will both vindicate their Proceedings, in Customary and Legal Methods, and exert that Authority which is essential to them, over those of their own Members, by whom they have been slandered; so all that is now to be endeavoured in their behalf, is to vouchsafe unto the English Nation (to whom they have been misrepresented) such a brief Account of their Transactions, with the Occasions, Reasons, and Motives of them; it may not only manifest the Wisdom and Loyalty of that Parliament, but demonstrate beyond all contradiction, that the only design they have been pursuing, was to preserve and maintain His Majesties' Honour, secure and establish him an Interest in the Love and Hearts of his People, and make His Throne firm and durable. It is too evident, either to be denied or Apologized for, that all the Laws, Priviledges, and Rights of the Kingdom of Scotland, have under the Late Reigns, been not only Usurped upon and Invaded, but Subverted and Overthrown. For by gradual Inlargements of the Prerogative, beyond what was allowed by the Rules of the Constitution, and the Statutes of the Realm, the legal and regular Monarchy of the Nation, was swelled into an Arbitrary and Despotick Power. So that all the Franchises and Rights, which by Original Contracts and Subsequent Laws had been reserved unto the People, were either overthrown, or enjoyed precariously. And we are compelled to say, that the Coalition of Scotland with England, under one Monarch, without a Union between the Two Nations into one Legislative Body and Civil Government, hath given great advantages to our Late Princes of treating us with a Rigour and Loftiness, that our Ancestors were not accustomed unto: And though a small Acquaintance with the Politicks might have instructed the English, that whatsoever received a first Impression amongst us, would sooner or later obtain a second Edition amongst them; yet they seem'd either not to have foreseen, or at least not to have resented it, until the Original of King Jame's Absolute Power in Scotland (which all Men were bound to obey without reserve) was copied over in England, in his Claim of Soveraignty, in dispensing with those Laws, that were the fence about their Safety. It was from the unconcernedness, which the English have too often testified; not to say the countenance they have given, in Relation to the Usurpation of our late Kings over the Laws and Liberties of Scotland, that those Princes have despised the Applications made unto them, as well by Parliaments, as by the Nobility and Gentry, for redressing, their Grievances; and that the Nation remained so long discouraged from relieving it self in those Methods that were left it. And as the Scots did for many Years sadly feel and experience, into what Excess their Kings grew up in Usurping upon their Laws and Liberties; from a hope and confidence of being justified and supported in those Invasions by the Strength and Treasure of England: So the English cannot be altogether insensible, how Charles the Second not only confronted their Bill of Exclusion in England, with an Act in Scotland for the Hereditary Succession of his Brother, but what large Breaches he was encouraged to make upon their Rights and Priviledges, after his having obtained an Assistance of 22000 Men, to be enacted and granted unto him by Law in Scotland, and those to be used in what places and upon what occasions he should please to imploy them. Nor are we able sufficiently to express our Obligations to His Present Majesty, who being extremly sensible, that our remaining disunited in our Governments, and two distinct Monarchies, though link'd together under one Monarch, hath been one of the great Occasions and chief Sources of our common Miseries and Oppressions; and being desirous both to redeem us from the illegal Sufferings we have already felt, and to obviate those which might break in upon us under future Reigns, hath therefore invited the Nations to such an Union of strength, Councils and Legislative Authority, as may render them a Defence to each other; and not Instruments and Tools of enslaving one another, and a mutual Prey. Which as all wise and good Men do earnestly long for, so the common Interest of the two Nations obliges them speedily to endeavour. But we are forced to add, that besides the Encouragement which our late Princes have assumed unto themselves, of Usurping upon the Rights and Liberties of Scotland, from an expectation of being supported in it by the Power and Wealth of England; There is another Cause, unto which much of their Invasion upon the Scot's Priviledges is to be ascribed, and unto which we are forced to resolve many of our Miseries, as the Spring whence they have flowed. For upon the Succession of our Kings to the Crown of England, and their fixing their Royal Abode and Regal Seat in that Kingdom; they are thereupon fallen into a Method of deriving their knowledg of Scotish Laws and Customs, of being informed of the Grievances of that Nation, and of receiving Impressions of Persons and Things from one or two Ministers chosen to reside about them, and in order thereunto advanced into Places of Honour and Trust; and who too often have been found to want either the Honesty, Wisdom, or Courage requisite in those upon whom so much comes to be devolved. Surely the World hath had sufficient Evidence in the Ministry of the late Duke Lauderdale, what Mischiefs a Person in his Post about the King may be instrumental in bringing upon the Kingdom of Scotland: For the he was endowed with too much Wit and Courage, to be either hector'd or wheedl'd, to be any Man's Tool and Property; yet through lack of Probity on the one hand, and excess of Ambition on the other, he was easily prevail'd upon to become an Instrument of ruining and enslaving his Country. What may Scotland then dread, if a Person should be honoured with the Character and Trust of Secretary for that Kingdom, in whom all the Qualifications for so considerable a Station, were the sighing decently, the entertaining one with a grave Nod, or if you please, a Grimace instead of a sold Reason; the making those whom he judgeth Court-Favourites, his unerring Oracles; and learning the Customs, Rights and Laws of his Nation, from them that never did, nor were obliged to know them; the recommending those to be Privy-Councellors to the King, who withstood his being so; the favouring those in obtaining the Office of prosecuting Nocents, who stand accused for endeavouring to subborn Witnesses for destroying the Innocent; and, as an Addition to all those Accomplishments, should be so swallowed up in the immoderate Love of the World, that instead of having his Thoughts exercised about the Service, Grandeur, and Safety of his Master, should be wholly imploy'd how to ingross the considerable Places of the Kingdom, for inriching his Family. Into what Inconveniences may the best Prince be easily drawn, if his Secretary be unable to advise him what he may legally do, and what he may not? With what Facility is a weak and easy Person in that Post, misled by an English Minister of State, who has a mind to be revenged upon Scotland for rejecting Episcopacy? How may a Crafty and Treacherous Courtier, that hath a purpose to play an after-game for the late King, influence a Scots Secretary, unskilled in Politicks, to imbroil his present Majesty with his People in Scotland; and all for this, that the Abdicated Monarch may have a new Throw for his Crowns again? Suppose but one Person in Office about the King for the Affairs of Scotland, and him to be extreamly timerous, What fatal Councils, under the fear of the Whip, may he be prevail'd upon to suggest and give? Hence it is evident what Disadvantages those of that Nation lie under, of having both their Persons and Actions mispresented, and their Rights and Liberties undermined and invaded; and that as well by reason of the King's residing constantly at so great a distance from them, as because of his having no more Counsellors usually about him, in reference to their Affairs, than who ( as a French King was pleased to express it ) may all ride upon one Horse. Now as it was the Oppression and Slavery under which we had been brought, that rendred His Majesties Undertaking in coming into these Kingdoms with an armed Force, in order to redeem them, both honourable and just: So it was the hope of being delivered by him from Misery and Bondage, that encouraged us first to invite, and then to co-operate with him in the Prosecution and Accomplishment of his glorious Design. It was the Invasions upon our Laws that we complained of, and from which we desired and endeavoured to be relieved; nor had we any Quarrel with the Late King's Counsellors, save as they were Advisers unto, and Instruments of overthrowing them. So that if what the Parliament of Scotland desires to have redressed, be not something wherein their Laws have been invaded, and their Rights violated, they are to blame for insisting upon it as a Claim of Right; and should rather crave it as an Act of Grace, if they find the want of it prejudicial to the Nation. But if what is required do either appear to have been wrested from the Nation, or that through their not obtaining it, they will be upon all occasions obnoxious to be oppressed and inthralled, we may then assure our selves, that His Majesty is too just, as well as good, to deny them. For as His Majesty doth generously acknowledg in his Declaration emitted at the Hague, for the restoring of the Laws and Liberties of the Kingdom of Scotland, "That they who are concerned in the Laws, Liberties and Customs established by Lawful Authority in a Nation, are indispensibly bound to endeavour to preserve and maintain the said Laws, Liberties and Customs; so he doth in the same Declaration, sacredly promise, that upon being prosper'd in what he was then undertaking, he will not only free that Kingdom from all hazard of Popery and Arbitrary Power for the future, and deliver it from what at that time did expose it to both, but settle it by Parliament upon such a solid Basis, as to its Religious and Civil Concerns, as should most effectually redress all the Grievances under which it had groaned." And therefore as we are not to imagine, that a Parliament, which in the whole course of its Proceedings hath testified so much Love, Loyalty and Zeal for His Majesty, both in advancing Him unto, and maintaining Him in the Throne, will abridg and lessen any of the just and legal Prerogatives of His Crown; or challenge any Priviledg, Right or Immunity, which their Ancestors have not been possessed of under the best and most Glorious as well as Ancient Reigns; so it were unpardonable to think, that a Prince of so much Wisdom, Goodness, Honour, Justice and Truth, as His Majesty is known to be, should either insist upon the detaining from His People, what some of his Predecessors have by Fraud and Violence ravished from them; or should so far depart from His Princely and Sacred Word; as to frustrate the Expectations of His Leiges of having those Grievances redressed, which His Parliament have condescended upon as necessary to be remedied. But as His Majesties delaying to gratify the desires of His People, is not the effect of Choice and Inclination, but the result of a Force put upon him through the sinistrous Representation given him of their Demands, both as illegal, and as incroachments upon the Royal Authority: So we do not wonder that the same Person should misreport the Actions of a Parliament, and insinuate into his Master unjust and false glosses of their Votes, who hath had both the Impudence and Treachery to endeavour to Possess the King with Disloyal Characters of his most dutiful, best and useful Subjects. And seeing his Capacity both as a Lawyer, and His Majesties Advocate, hath not served to instruct him of the danger, nor to restrain him from Leasing-making ( which is Treason by the Law of Scotland ) it is to be hop'd that the Persons whom he hath criminally slandered, will have the courage to Impeach him; and that the Parliament will have the Justice to condemn him to the Punishment that the Law adjudgeth him unto. Nor can it be matter of Astonishment to any, to find a Person imposing upon His Majesty in reference to the Laws, Rights, and Customs of His Country, who has had the Impudence as well as Malice, to brand those for Republicans, by whose Power, Zeal, and Interest, the Crown came to be conferr'd upon the present King. But they must be Persons of a very short Prospect, who do not perceive, that they who are endeavouring to restore King James, account it expedient to blast those in his present Majesties Esteem, under the reproachful name of Republicans, who have the Loyality and Courage to venture their whole for his Crown and Dignity, and to withstand those ill Men in what they are about. And I will venture to say it freely, that as it is not Names, but Things which wise Men seek and pursue: So there is no more required to the freeing both Scotland and England from the Common-wealths Men, and from all Republican Principles, but that His Majesty persevere in preserving unto his People their Rights and Liberties; Esteem Parliaments as well his great Council in Arduous Affairs, as the Suppliers of him in his Necessities with Mony; and that he make the known Laws the Measure and Standard of his Government. While on the contrary it is in the Power of ill Ministers ( if his Majesty hearken unto them ) to withdraw nine parts of ten of the People in six Months from their Love of Monarchy, and to force them upon wishing for a Common-Wealth. And had it not been for the view which the Nations under the last Reign had of their Royal Highnesses the Prince and Princesse of Orange, and the assurance they entertained of enjoying their Laws and Priviledges, under their Government and Authority, the Methods which the late King took, and the Councels he followed, would instead of the Translation of the Crown to Their present Majesties, have put an end to the Monarchy. Nor can any thing so affright considering Persons from addictedness to Monarchy, as the leaving the Nations under the Power, Conduct and Authority, of those very Men, by whose Councels and Management the late King came to forefault His Crown; seeing some will be so peremptory as to imagine, that it cannot be upon personal liking that they come to be used, but because the nature of the Government requires them, or at least Persons of their Principle, and Political Complexions. But forasmuch as the present Embarrass of His Majesty with his Parliament of Scotland is wholly caused by the Advocate's abusing His Majesty in the Account he hath given him, both of the Rights and Jurisdictions of the Estates in Parliament Assembled, and of the Laws and Customs of the Kingdom; I shall therefore in Order to the disparaging of him, with all the Wise and Loyal part of Mankind, and the debarring him the King's Ear, and attracting upon him the Royal Indignation; Publish the Principle upon which he builds all the Advices he communicateth to his Master, and with which he seeks to poyson and corrupt His Royal Mind. And this is, That the King hath a separate Interest from his People, which he ought to pursue in distinction from theirs: And this we may be sure he doth not fail of insinuating, either immediately unto his Majesty, or at least to those about him; seeing he had the Folly, as well as the Impudence, both to assert and to seek to justify it in open and full Parliament. Now whosoever gives himself the trouble of examining the tendency of this Principle, will find the natural Consequences of it to be, That the Prince and People must not only Live in a constant jealousy and dread of one another; but must always be imbark'd in an intestine War. Nor is it to be avoided, unless either by the King's arriving at the height of Tyranny, and the Peoples sinking into the Abyss of Slavery, or by the Subjects grasping the whole Power and Authority, and leaving unto the King an empty Name. Yea, it is a destroying of the very end for which Government was ordained of God, and submitted unto by Men; seeing that was nothing else, but that the whole Society, comprehending Ruler and Ruled, might have but one Common Political Interest; for the Defence and Security whereof each of them were to have their respective Duties allotted unto them: "Nay, the very Prerogative acknowledged to belong unto the King, is nothing save a Power trusted with him, in Relation to some Cases that may emerge, by which he may be the better enabled to preserve the safety of the Community, and to provide for the benefit of the Publick. Nor could Sir J Dle take a more effectual Course to supplant the King in the Hearts of his People, and to possess them with a Horror of, and an Alienation from his Government, than by his Proclaiming within the Parliament Walls, That the King hath a separate Interest from that of his People, and by Consequence that he is to promote and maintain it, with the Neglect if not the Ruine of theirs; neither is there any thing more propable than that the Advocate vented it in Treachery to his Majesty, whom out of a Love to the late King, and a Desire to have him restored, he seeks to undermine and betray. For he hath hereby so alarm'd the People in reference to His Majesties Government, and fill'd them with those dismal Apprehensions of what they are to expect, in case the King have a separate Interest from Theirs, that it will be difficult either to allay their Fears, or to recover them to an intire Trust in his Majesties Justice and Goodness, without removing that Man both from about his Majesties Person, and out of his Councils, who hath given them that frightful Idea of his ensuing Reign. However from this of the Advocate, as well as from innumerable Observations to be made from the present Behaviour and Conduct of those who are received into his Majesties Councils and Service; after they had not only ministered to King James through the whole Course of his Reign, but co-operated with him in most, if not all the Methods of his Tyranny; we may rationally venture at this Reflection, (to wit ) That they are either endeavouring to justify the former Reign, by seeking to expose and disgrace this, Or that they are studying to cover themselves from what they are obnoxious unto, for their crimes under the last Government, by reacting and repeating the same under the Connivance and Indulgence of the present. And as by the First, they evidently shake his Majeties Throne; so by the Second, they not only abuse the Mercy of the Government, but despise its Justice: By the Last, they render the Government Vile and Cheap; and by the former they pursue its Subversion: It must with all lay a great Prejudice upon the Opinion of those that disswade his Majesty from gratifying his People in these Demands, about which so much noise has been made here, as well as there, that they were judged necessary for his Interest as well as the Kingdoms Safety, by, in a manner, the Unanimous Vote of the whole Parliament; and of which it may be modestly said, that it is not only one of the wisest, but constituted of the most considerable Persons for Quality, Estate, and Esteem in their Country, that ever Scotland had: For even the Vote about the Lords of the Session, which is most censured and stumbled at, pass'd the whole House without any more dissenting Voices than barely four; and of those Sir J. Dple, who was the leading Man amongst them, sensibly biassed by the Consideration, that, if the Vote obtained, his Father would have been excluded from the Honourable, and to him Beneficial Place of President, to which he is now advanced. It is not more likely that these few should act without regard to the King and Kingdom's Interest, and depart from the Laws, Rights and Customs of the Realm, than that the whole Body of the Parliament should be unacquainted with what the Constitution, as well as the common Safety of Prince and People, authorize them to claim? And that they should exceed the measures of Law, Justice, and Equity, in what they demand? Nor was the Parliament under the Influence of such Motives for encroaching upon the King's Prerogative, as these Gentlemen were for betraying both the Jurisdiction of Parliament, and the Priviledges of the Nation. For having sacrificed all the Laws and Rights of the Kingdom, under the late Reign, to the Lust and Will of one Arbitrary and Despotical Monarch; they could do no less, both by the Rules of Policy and Uniformity, than endeavour to vest his present Majesty in the Robberies of former Princes; there being no such way for Thieves to escape at the Bar, as to prevail with the Judg to receive and harbour their stolen Goods. And for the King to rely upon being informed by Sir J. Dple, what is the Prerogative of the Crown? and what are Rights and Jurisdictions of Parliament? is as if King James's AttorneyGeneral were to be made the oracle of the Court, in reference to what Crimes and Offences Peers and Gentlemen were to be condemned and executed for; and for what Failures and Miscarriages Cities and Corporations were to Forefault their Charters, and to be deprived of their Franchises. Could the Parliament have been guilty of so Impudent, as well as Criminal a Thing, as to incroach upon the just Prerogatives of the Crown, and to rob his Majesty of his legal Rights, it would have been more for their Profit and Interest to have effectuated it in relation to the disposal of Offices of State, and of Military Commands, than to claim meerly a right of interposing; and that only in the Case of a total Vacancy of the Session, about the approving of Persons nominated by His Majesty to judicial Places. For whereas the former would look like the putting themselves into a condition of giving check to their Prince, whenever a Capricio should take them, and they should fancy themselves agrieved; all that can be aimed at, or possibly compassed by the latter, is to have Justice equally administred according to the known Laws, which is no less his Majesties Interest than his Duty, to make wise and careful Provision for. In a word, it would seem to command as well as to bespeak belief that a whole Parliament, who in all other Proceedings, have acted with the highest Prudence, Temperance and Justice; and where there are so many Persons of Vertue, Honour, Probity, and Knowledg of the Laws and Customs of the Nation, should be more regardful of voting justly, and challenging nothing but their legal Rights, than that only four Men should be found insisting upon what is Right; and they, such as most of them, have been Tools and Instruments in the Breaches made upon the Rights and Liberties of the Nation. And as the whole Blame is to be intirely lodged upon a few Ministers about his Majesty, both as to the delay that hath been given to redress any of the Scots Grievances, and as to the disputing of the Equity and Justice of actually relieving them from some; so besides the Confidence that all Good Men are possessed with, from the Consideration of his Majesty's Wisdom and Goodness, that all will be at last accommodated to the King's Honour, and the Peoples universal Satisfaction; the Concessions his Majesty hath lately granted, with references to the Articles, even against the Opinion of the Ministers, is as an Earnest and Pledg what his People may expect in reference to the rest, if it can be made appear, that what is further insisted upon, and humbly desired of him, is the relieving of his Subjects, and not the robbing of himself; the being kind to his People, and not unjust to the Crown; and the exercising Mercy to all, without being cruel and unrighteous to any. So that we are become obliged, in point of Duty to his Majesty, before whom our Demands and Claims lie, and from the Respect we owe to the English Nation, among whom these Matters are both publickly discoursed, and differently represented and censured: And finally, by the Justice we account due to the Parliament of Scotland, whose Moderation is not only questioned by reason of their Demands, but also their Loyalty: I say, we are become obliged, by all these Motives and Inducements, to enter into a detail of the several Particulars in Controversy, between some of his Majesty's Ministers, and the Parliament of Scotland; and not only to state with what distinctness we are able, the several heads subjected to debate, but to give all that support & enforcement from Reason, Law and Custom, to the Expediency, as well as Equity of them, that we judg to be requisite; and that we can dispatch in the narrow room which we have confined our selves unto. In pursuance of which undertaking, We will begin with the Vote to which the Royal Assent is not given; that referreth to the disabling and precluding Persons from publick Trusts and Imployments. And this we the rather do, both because we can discharge our Hands the soonest of it, and because it is the most censured by some of the English, from an apprehension that what of this Nature passeth into an Act at Edinburgh, may be drawn into President at Westminster. But that every one may judge of it, and what shall be offered in the Vindication of the Necessity and Justice thereof, I shall present the reader with a Transcript of the Vote: The King and Queens Majesties considering that the Estates of this Kingdom, have by their Vote, declared their Sense and Opinion, That such as have in the former Evil Government been grievous to the Nation, or have shewed Disaffection to the happy Change, by the Blessing of God now brought about, or have been Retarders and Obstructors of the good Designs of the said Estates in their Meeting, are not fit to be imploy'd in the Management of the Affairs of this Kingdom; Do with Advice and Consent of the Estates of Parliament now Assembled, Statute and Ordain, That no Person of whatsoever Rank or Degree, who in the former Evil Government have been grievous to the Nation, by Acting in the Incroachments, mentioned in the Articles of the Claim of Right, which are declared to be contrary to Law, or who have shewed Disaffection to the happy Change, by the Blessing of God now brought about, by acting in Opposition thereunto, since the time that the King and Queen now Reigning were Proclaimed, or who hath been a Retarder or Obstructer of the good Designs of the said Estates; viz. The securing the Protestant Religion, the setling the Crown, the establishing the Rights of the Leiges, and the redressing their Grievances, by Acting contrary to these good Designs, since the time that they became publick by Votes, and Acts of the Meeting, be allowed to possess, or be admitted into any Publick Trust, Place, or Imployment, under Their Majesties in this Kingdom. I suppose the Reader by this time surprized at the unreasonableness of the Age we live in, that there should be Men found so void of Sense and Understanding, as to spy out any thing here, that deserves to be clamour'd against, or which is worthy to be complain'd of: Every Line breathes of that Lenity and Moderation, that it favours rather of a defect of Justice, than of any excess of it; and the utmost hereby designed, is only a disabling a few wicked Men from ruining us for the future, and not a punishing of them for what they have done; for as there are none expected as to Life, so the few designed to be debarred from Offices, are described and charactered after such a manner, that the very employing them will Dishonour His Majesty, and Disgrace his Government. There is no abridging His Majesties Mercy, only an endeavour to maintain the Justice of his Undertaking in coming to Deliver us. For having charged the late King's Evil Counsellors, and them only, with the Crimes upon which he grounded both Righteousness and the Necessity of his Expedition: Whosoever is so villanous as to advise him to use them, can design no less than deriving an Aspersion upon his Wisdom, Justice and Sincerity. And if the Nations be not delivered from those against whom he declared, how shall we be able to answer his Enemies, who accuse his coming hither, to have been upon another Motive? For what his Friends affirm to have been bestowed upon him as the Reward only of his Expedition, and of the Deliverance he wrought out for us; his Adversaries will be encouraged both to believe and say, was the Principal, if not sole end of it: Nor is it meerly needful in order to the Vindication of His Majesties glorious Undertaking in coming into Brittain, That they who were the Instruments of our Slavery and Oppression under the former Government, should be precluded from all share of the Administration under this; but it is also necessary for the reconciling the Love and Obedience of the People to His Majesties Person and Authority. Courtiers may fancy, that if one be able, he is qualified, without other Ingredients, to be a Minister of State: But the most part of Mankind do always look for some degrees of Honesty in those advanced into the chief Offices in the Government. Nor will People easily believe, that they who betrayed their Laws, Rights and Priviledges, under one Reign, will ever Administer Justice equally, or defend them in their Properties under another. Men may have present ease, but they will be always in fear whilst they remain in the hands of their old Oppressors. It is impossible to keep up in the minds of the Vulgar, honourable Thoughts of King William's Government, if he will chuse to work with King James's Tools. Whosoever Counsels His Majesty to employ those that were the Instruments of the former Tyranny, must intend to bring him under a Suspicion, both of approving that, and of designing the like. No man envieth his Majesties pardoning the worst of his and the Kingdoms Enemies; but we cannot avoid pitying him, and bewailing our selves, that he is persuaded to use them; yea the Royal forgiveness ought to confine it self to limits; and much more should a Prince set Bounds to himself in the Honours and Preferments which he is pleased to bestow. Now having mentioned his Majesties Grace, I'll venture to say, That after all the Mercy he hath exercised towards his own and his Peoples Enemies, there is not one either Converted to his Interest by it, or that reckons himself oblidged to him for it. But instead of attributing their impunity to His Majesties Grace, they ascribe it to the Pusillanimity of the Government; and in the room of being brought over to serve him, they are emboldened to go on in their Conspiracies against His Person and Dignity. Nor will they ever account themselves indebted to his Mercy, till he hath made some of them the Objects of his Justice. But to return to what I am upon; should not an easy Animadversion be inflicted upon those who have oppressed us, as the being shut out from Trusts and Imploys in the Government, We should both tempt them and others to repeat the same Crimes upon the first opportunity that is offer'd unto them. Yea, if instead of falling under such a gentle Mortification, they should be preferred to the chief places of Honour and Profit in the Kingdom, Villainy will be committed in order to Merit; and Men of brutal and Profligate Principles, will seek to exceed in Unjustice and Treachery, that they may be thought to excel in Desert. And though through the Moderation, Goodness, Wisdom and Justice of Their Majesties, we may escape the Consequences of such a Method during Their Reign, (which I pray God may be long) yet Posterity will lose most of the benefit of this Revolution, for want of adjudging those to punishment, that have been Traytors of Societies, and Cannibals to Mankind in this Age, whereby to deter others from being such in the next. The Counsel given to Princes by the Supream Sovereign by whom they Reign, is, That they should punish exorbitant Offenders, to instruct others to fear and forbear doing wickedly: But the Advice thrust upon His Majesty by some ill Men about him, is, That he should cherish and advance them without regard to the effects that may attend it. What a strange Idea will it give the World of our Government, if the rewards of Vertue be made the recompences of Crimes? And how shall we lift up our Faces to God or Men, if the Malefactors under the last Reign, not only escape under this without Chastisements, but inherit the Preferments and Emoluments of it. If what I have said be not sufficient to justifie both the expediency and equity of the forementioned Vote, I hope the Experience the King hath had of that sort of People, since he received them into his particular Favour, and Principal Service, will reconcile him unto a better Opinion of it, and shew him the necessity to turning those out of Office whom his Parliament would have prevented his taking in. Both the Nations are sensible of his Majesties being betray'd, both in his Councils, and in his Affairs; and it is very easy to guess by whom it is done. For none so likely to undermine his Throne, as they who endeavoured to hinder and obstruct his Ascending to it: Nor can any Man be Traytors to this King, but they who were the Instruments of the last King's Tyranny. The Cobler's Auls and Ends are unsuitable Furniture in the Painter's Shop. Neither will they ever serve this King with faithfulness in his vindicating the Kingdoms into Liberty, who were the Sworn Vassals to his Predecessors Despotical Will, and his Tools for oppressing and enslaving the Nations. Besides the damage they have brought upon the Nations, and the Treasure they have unprofitably wasted, They have been the Occasion of losing His Majesty more Honour in one Year, than all his Foreign Campaigns ever did since he first Commanded Armies, and presided in Councils; and should he be prevailed upon by the Adulation and Artifice of any about him to trust the Conduct and Management of his Affairs in the same Hands for one other Year, it may be easily foretold, without Consulting the Stars, that we shall not be in a Condition on the third to save either him or our selves. And as we have no distinct Interest from His Majesties, so all we desire is, That he would vigorously Espouse and Assert his own, upon which we shall both believe and Proclaim our selves happy. For the Vipers durst not hiss but for the warmth they receive through being lodg'd in his Bosom. But to conclude this head; I am extreamly mistaken, if they who have occasioned and promoted the Quarrelling at the forementioned Vote, do not find that they have consulted worse for themselves, than was designed or intended by those who they account for their Enemies For this Parliament will undoubtedly at their next Assembling, be so far from departing from what they have Voted, that instead of acquiescing there, and being contended with the having the betrayers of their Laws, the Oppressors and Murderers of the Leiges, and the Obstructors of the King and Kingdoms Establishment, only debarr'd and excluded from Places of Preferment, Profit and Trust in the Government; that they will be justly provoked, and see it to be indispensibly necessary to Impeach and Proceed capitally against some of them. Thus, despising as well as refusing of Lenity, will derive from them the severities their Crimes at first deserved, but which that Prudence, Temperate, and Indulgent Senate, was willing to have mitigated by exchange of them into milder. And as we are fully assured, that so wise and good a Prince as His Majesty, can never entertain either mean or distrustful thoughts of a Parliament, that hath given him so many and eminent Testimonies of their Loyalty much less be prevailed upon to Dissolve them, while the Nation is in so Distressed and Unsetled a Condition; an Armed Enemy in its Bowels, and the ferment every where so high, that nothing can allay it, but their being continued, and being allowed to meet at the appointed day to which they are Adjourned; so we are no less assured, that they who are said to be the Zealots in this Parliament, and to have the chief Conduct of, and the prevailing sway in all Business and Affairs that come before it, can neither miss being chosen into, nor have less Interest and Esteem in another. So long as Persons of Fortune, Quality, and Interest, continue to assert the Laws and Rights of their Countrey, and to pursue the joint Interest of the King and Kingdom; the Obloquies cast upon them by such as dread and dislike their Courage and Integrity, will only increase their Reputation, and Oblige all those Senators and Members of Parliament, that are honest, to put the more value upon them. But to Supersede all fear of this Parliament being Dissolved, without both Assembling, and Dispatching business, the King by a Law, to which the Royal Assent was given the last Session, abridged himself of all Power in that Matter. For in the Act that past the first of July, whereby Prelacy and the Superiority of any Office in the Church above Presbyters, is abolished, it is declared, That the King and Queen's Majesties, with the Advice and Consent of the Estates of this Parliament, will settle by Law, that Church-Government in the Kingdom, which is most agreeable to the Inclinations of the People. So that whosoever shall have the Impudence to advise His Majesty to Dissolve this Parliament, before there be by Law some Government erected in the Church, Doth both tempt him to violate his Faith, and to trample upon one Express Statute, to which himself hath given the Royal Assent. The next contested Vote that we are to Address our selves unto, and whereof we are to demonstrate the Legality, Reasonableness, and Necessity, is that which relates unto the Privilege of the Estates of Parliament, in nominating and appointing Committees, of which I do here subjoin an Authentick Copy. Forasmuch as the meeting of the Estates of this Kingdom, did by their Vote of the Eleventh of April last, represent among other Grievances, That the Committee of Parliament called the Articles, is a great Grievance to the Nation, and that there ought to be no Committees of Parliament, but such as are freely Chosen by the Estates, to prepare Motions and Overtures that are first Tabled in the House: Therefore Their Majesties with the Advice and Consent of the Estates of Parliament, do Enact and Declare, That it is the undoubted Privilege of the Three Estates of Parliament, to Nominate and Appoint Committees of Parliament of what Number of Members they please, being equal of every Estate, and Chosen by the respective Estates; viz. the Noblemen by the Estate of the Noblemen, the Barons by the Estate of the Barons; and the Burroughs by the Estate of the Burroughs, for preparing Motions and Overtures that are first made in the House, or that the House may Treat, Vote, and Conclude upon matters brought in plain Parliament, without remitting them to any Committee, if they think fit: Or that the House may appoint Plurality of Committees for any Motions or Overtures that need to be prepared or digested for them: Declaring hereby, That no Officers of State are to be Members, except they be Chosen. And hereby rescinds the first Act of the Third Session of the first Parliament of King Charles the Second, and all other Laws and Customs, establishing the manner of Election, and Power of any Committees of Parliament, in so far as they are not conform to this Act. So sensible was the Meeting of the Estates, that the Committee of Articles was according to late Custom, Regulation, and Practice, an intolerable Grievance to the Kingdom, and a high Incroachment upon the Liberty and Jurisdiction of Parliament, that before the disposal of the Crown to Their present Majesties, they made their being relieved from it, one of the Stipulations, and an Article of Contract, upon which Their Majesties had the Crown conferred upon them, and upon which the People agreed to yield them Obedience and Subjection. For among several things which they covenanted as well as provided for the redressing of, when in the Name both of themselves, and of the whole People of Scotland, whom they represented, they yielded up, and conveyed over the Crown of that Kingdom to William and Mary: This was the first Grievance that they mentioned, and made it a matter of Bargain and Compact, as well as of Petition and Desire to be eased from it. The words that were proposed and read to Their Majesties in the Banqueting-House, upon that Solemn Occasion of presenting Them with the Instrument of Government, are as followeth. The Estates of the Kingdom of Scotland do represent, That the Committee of Parliament, called the Articles, is a great Grievance to the Nation, and that there ought to be no Committees of Parliament, but such as are freely chosen by the Estates to prepare Motions and Overtures that are first made in the House. What ill Men must they now be, that durst advise a Prince of that Honour, Veracity, and inviolable Faith, as His Majesty is universally known and acknowledged to be, to delay or clog the satisfying of His People in the foregoing particular. Seeing the meer procrastinating and adjourning the giving them contentment in it, hath a visible and natural tendency, if possible, to the weakning their Faith and Confidence both in his Truth and Goodness. It would appear, that some have a mind to make their Master seem faithless, to justify their being truly such themselves: Or else they have a design to vindicate King James's breach of all Stipulations and Promises, by persuading King William to do the same. Or, which is extreme likely, they would by his present Majesty's departure from that seeming Compact, upon which he received the Crown, reflect folly and injustice upon the Parliaments Deposing the late King, for his violating the Original Contract. But that we may discourse intelligibly of that Committee called the Articles, it will be needful to give some brief account both of what it originally was, and what by degrees it grew up, or rather degenerated into, till it became at last an insupportable Grievance to the Nation, and rendred Parliaments either wholly useless, or mere Instruments for pursuing and executing the King's Will. Now by what appeareth either from our History, Records or Statute-Books, there was no such thing anciently as a Committee, or Lords of Articles, but every thing was as well originally moved as debated and concluded in full Parliament. For the first mention we meet with in our Records, of Lords of the Articles, is in the Year 1466. Under the Reign of King James the Third: Where we find, that upon the Convention of the Estates of Parliament, they not only chose so many from among themselves, to be Judges in Civil and Criminal Causes, who are styled Domini ad querelas, there being then no Judicial Court, save what the Parliament constituted from time to time out of their own Body: But that they also elected three Persons for the Clergy, three for the Barons, and three for the Burgesses, to consider of, and prepare matters fit and needful for the House to bring into debate, and to come to Votes and Resolutions about. By which it seems that the Committee of the Articles had no auspicious beginning, having its rise under one of the worst of all our Kings, and who came to the most unhappy and unfortunate end: However there appears no such thing here, as that the Officers of State were to be supernumerary to those chosen by the Parliament; or that the King, either by himself, or by one representing him, chose any of them, but it is evident from the Record, that they were wholly and entirely elected by the States themselves in Parliament assembled. And though the being an Officer of State, was never esteemed a ground disabling and incapacitating a Person from being a Member of the Committee of Articles; yet upon a perusal of the Records, I do not find that any Officers of State made a part of the Lords of the Articles, until the year 1567. and their being then of the number was not ratione Officii , but by reason of the Parliament's having elected them into that Station. For whosoever consults the Records of Parliament of the years, 1467. 1475. 1524. 1526. 1528. 1537. 1542. 1543. will find that the Officers of State were so far from being supernumerary in the Committees of the Articles, that they were not so much as elected into that Trust, nor had any room or place allowed them there; though it appears by the Records of all those Parliaments, that there were Members chosen by, and out of the respective Estates, sometimes in larger, and sometimes in lesser numbers to make up and constitute such Committees. Yea, I cannot but add, That our not meeting with any mention of the Lords of Articles of the Parliaments Assembled, and held 1469. 1471. 1474. 1481. 1483. 1488. 1489. 1491. 1493. 1505. 1515. 1522. 1535. 1540. 1546. 1551. is an undoubted Evidence that the having Committees of the Articles was not a thing of indispensable necessity, or to which Parliaments were legally obliged; but that it was a matter of Arbitrary Pleasure, and that they were chosen or omitted, as the House thought to be most useful and convenient for the management and dispatch of Affairs. And though it cannot be denied, but that after the year 1567. some of the Officers of State were now and then thought worthy by reason of their moral and intellectual abilities, to be chosen among others for Lords of the Articles, as in the Parliaments held in the years 1581. and 1593. yet it is most evident, that they were not elected into that Committee by virtue and reason of their Offices, much less sat there as supernumerary to those chose by the Estates; forasmuch as in other Parliaments, particularly in those held in the years 1587. 1529. and 1594. there is no intelligence, report or remembrance of them, in the Registers and Lists of those of whom in forementioned Committees were made up and constituted. And that which puts it beyond all possibility of being controuled (save either by ignorant, or by impudent and self-condemned Men) that no Officers of State had right anciently to be of the Committee of Articles, unless previously chosen by the Estates of Parliament, is the 37. Act of Parl. 11 of James the Sixth: Where Provision being made by Law about the number whereof that Committee should be constituted; It is, without the least mention or suggestion of those Officers of State, enacted and ordained, that the number of the Lords of Articles be equal in each Estate, and that the fewest number or every Estate be Six, and the greatest number Ten. Yea so far were those, styled Lords of Articles, from having originally the sole power of preparing matters, and of bringing in Motions and Overtures, to be considered and debated in Parliament, exclusive of other Members of the House, who were not of that Committee; that both at first, and for a long tract of time afterwards, they were not so much as a Committee of Articles of, and to that Parliament by which they were chosen, and of which they were Sitting and actual Members; but were only so in reference to the next Parliament that should succeed; against whose meeting they were to prepare such things as they should judge to be most fit and expedient to be then taken into consideration; but still with a right as well as with a liberty reserved to that future Parliament, not only to receive or reject what should be thus maturated and offered unto them; but to admit whatsoever Overtures they pleased, that should be made unto any of the Members of their own House. It was the Ancient Custom and Practice of Scotland, that the Sitting Parliament antecedently to its Dissolution and Separating, elected so many from among themselves, who were in the interval betwixt that and the next Parliament, to make inquiry into the necessities of the Lieges, and into the State of the Kingdom; and accordingly to draw up and prepare such Overtures, as should carry that relief and remedy in them which might give a redress unto Grievances, be a means of preserving the Nation in safety, and of promoting the prosperity of the Subjects. Now from this harmless beginning of the Committee of Articles, it hath, through the Usurpation of our Kings, especially after their Succession to the Crown of England, and the remove of their Royal Abode thither, and through the officiousness of publick Ministers to the Prince, and treachery to their Countrey, grown up at last to that exorbitancy, that it is not only become burthensome, but intolerable. For by reason of the Parliaments coming at last to commit the inspection into all affairs, and preparing all remedies unto Grievances, into a few hands, and those to be unchangeable during a whole Session; Our Late Monarchs obtained such a handle whereby they might incroach upon the Jurisdiction of Parliaments, and the Liberties of the People, that they soon improv'd it to the eluding of all the good that the Kingdom was to expect from Parliaments, and to the making those who were designed to be the means of our safety, become the Instruments of our Ruin. For the accomplishment whereof, and the more effectual rendring the Lords of Articles, Vassals unto the Monarch's Will, and Tools for executing his Pleasure, they first prevailed to have the Officers of State admitted into that Committee as Supernumeraries, and that, without being Nominated and Elected by the Estates in Parliament, they should have a right to sit there Ratione Officii , by vertue of the Imployments they held in the Government. For King James the Sixth, being by the adulation of the English Bishops, brought intirely over to their Interest, as well as to their Opinions, about Church Discipline and Worship, and having a mind in requital to the Church of Scotland, for all the kindness they had expressed to him, both in his Infancy and riper years, to obtrude upon them the English Ceremonies, he did in order to the more easie effectuating of it, flatter, cajole, and bribe, as well as huff, and awe the Parliament Anno 1621. to allow the Officers of State to Sit as Supernumeraries, without being chosen in the Committee of Articles. And thus he forced those Innovations, commonly known by the Name of the Five Articles of Perth, upon the poor Church of Scotland, having by those Supernumerary Officers, not only so moulded the Committee of Articles, as to pass and present them, but thereby laid the Foundation of their being ordained and enacted in the House. And to make the Lords of Articles yet more grievous and intollerable. King Charles the First, (whose invasions upon the Rights and Liberties of his People, proved Fatal both to him and them) overthrew the Ancient-Method of their Elections, and brought the choice of them into such a Channel, as could issue in no less than Tyranny in the Soveraign, and Slavery in the Subjects. For whereas by Law and Custom, the Lords were to choose the Lords, and the Barons to choose the Barons, &c. Charles the First did in his Parliament held Anno 1633. when he was in the heigth of his Greatness, change and innovate this Method, and having divested the whole respective Estates, of choosing severally their respective Commissioners, he assumed a Power to himself, with a right of consigning it over to his Commissioner in Parliament, for chusing Eight Bishops, consigning to the said Eight Bishops, a Power of chusing Eight Noblemen, and restraining to the said Eight Noblemen, together with the aforesaid Eight Bishops a Power of choosing Eight Barons, and Eight Burgesses; and that these in conjunction with the Officers of State as Supernumeraries, should be the whole and sole Lords of Articles, exclusive of all others. Finally, to render that Committee yet more insupportable, the sole Right as well as Liberty of bringing in Motions, of making overtures for redressing Wrongs; and of proposing means and expedients, either for the relief or the safety and benefit of the Subject, is intirely restrained unto, and lodged wholly in this Committee: Neither is it by our late Practice lawful for any Member or Members, that are not of that packt Club and Society, to make the least proposal or motion either for repealing of an ill Law, or for the enacting of a good. So that I would now hope, that the meer representing of this Committee of Articles, as it is now transformed and degenerated from what it formerly was, is enough to justify the Vote of the present Parliament, about the having that grievance redressed, and to vindicate them from the Obloquie they have lain under, for insisting upon having Parliaments loosened from those Fetters. For where is the Liberty of Speech, and Voting, essential to a Legislative Body, if Parliaments must be thus muzled? How is a Kingdom eluded out of all the good that they expect from any Parliament, if their Representatives may neither lay open their Sores, nor offer Plaisters in order to their Cure? How miserably would things have proceeded in the late Meeting of Estates, if nothing was to have been before them, but what a Committee, where Eight Scotch Bishops were to have the Electing of Eight Noblemen, and they together the chusing of the rest, with King James's Officers of State Supernumerary, that should have prepared Overtures for that Great and Illustrious Assembly? I dare say, That the being bound up to such a Method, would have more effectually secured the Throne to King James, than all the Swords of his Partizans. Nor can Parliaments be designed for any thing, under such a Constitution of a constant Committee, with the Officers of State Supernumerary, but to enlarge the Prerogative of the Crown, and to levy Money from the People. But Blessed be God, His Majesty wants not Inclination to deliver his People from this, and from all other Grievances, but only wants Persons about him, to set them in that Light that he may discern them. Therefore we complain not of His Majesty for the delaying of the Satisfaction that his People waited for; but we complain of those ill Men, who told him, That to part with the Lords of the Articles, was to throw away the brightest Jewel of his Crown. Whereas it appears from what hath been said, that there is nothing desired, whereby His Majesty's Legal Prerogative can be diminished and lessened, but that all which is humbly craved, is the redeeming his Parliament and People from an ignominious and burthensom Yoke; and their being reliev'd from the Invasion and Usurpations made upon their Laws and Customs, by the Craft and Violence of some of their Monarchs. Nay, the very contending for the continuing the Officers of State as Supernumerary in their Committees, without the being Elected unto them by the Estates in Parliament, is both an Aspersion upon the Wisdom of the Parliament, as if they knew not how to pay the respect and deference due to those Officers, till compell'd unto it; and a Reflection upon their Loyalty, as if no Persons could be tender or regardful of His Majesties Interest among the Committees of Parliament, unless received into the King's immediate Service, and brought under the Influence of Honours and Emoluments. But whosoever suggests this unto the King, must be one that is accustomed to draw other Mens Pictures by his own Original; and who by acting in all things himself as a Mercenary, strives to represent the rest of Mankind, as equally Base and Villanous. Nor can that Advice insinuated into His Majesty, of having the Officers of State Supernumerary in the Committees of Parliament, be supported by any reason, but what borders upon Treason; which is the King's having and being obliged to pursue a separate interest from that of his People; and as nothing would more Universally lose His Majesty the Hearts of his People, than the being wrought into a belief of it; so whatsoever is likely to tempt them into such a persuasion, is at all times, but especially at this, to be industriously avoided by the King. The only thing remaining, wherein His Majesty's Parliament of Scotland seems to be misunderstood by him, is their Vote concerning the Nomination of the ordinary Lords of the Session, and the Election of the President. For that which they propose, both as required by, and agreeable unto their Laws, and as necessary in order to the equal Administration of Justice, is, That the ordinary Lords being in a total Vacation nominated by the King, they are to be Tryed, and Admitted or Rejected by Parliament; and that in a particular Vacation, being likewise nominated by the King, they are to be Tryed and Admitted or Rejected by the other Lords of Session; and that in both cases the President be chosen by the Lords of Session themselves. Now this being the great Matter wherein His Parliament is represented unto him, as endeavouring to encroach upon, and subvert His Royal Prerogative; and it being the particular, in reference unto which he hath been prevailed upon to exert an Authority to that height and degree, that there seems no room left for any expedient, but that either the Parliament must depart from their Vote, or that His Majesty would be pleas'd to part with those, who through abusing his Goodness, have misled him into an exercise of Royal Power which the Laws cannot justifie. It will be absolutely needful, that the Reader, in order to his being inabled to form a Right and impartial Judgment of this perplexed and intangled Affair, should be first made acquainted with the Vote it self, as well as afterwards be informed of what is to be said in the Vindication of it. The Words therefore of the Vote are as followeth; The King and Queen's Majesties considering, That by the Laws of the Kingdom, when the place of an Ordinary Lord of the Session doth Vacate, it is to be supplied by the King's Nomination of a fit and qualified Person for the said Office, and presenting him to the rest of the Lords to be tryed, and admitted or rejected by them: And that there is now a total Vacancy of the Lords of the Session, by the happy change through the Blessing of God now brought about, so that there can be no such Tryal by the Lords; and that when such total Vacancies have fallen out, the Lords were either nominated by King and Parliament jointly; or if they were nominated by the King, the nomination was approved, and the Lords so nominated, were admitted by the Parliament; Therefore their Majesties do Declare, That they will nominate fit and qualified Persons to the said Offices, and present them to the Parliament to be tryed and admitted or rejected by them: Likeas Their Majesties with the advice and consent of the Estates in Parliament, Statute and Ordain, that in all time hereafter, when any such total Vacancy shall occur, the nomination of the Lords of the Session shall be by the King or Queen for the time being; and in case of their minority, by their Regent, they nominating fit and qualified Persons to the said Offices, and presenting them to the Parliament to be tryed and admitted or rejected in manner aforesaid. Like as Their Majesties with the advice and consent aforesaid, ratify and approve the 93d Act of the Sixth Parliament of King James the Sixth, anent the admission of Ordinary Lords of Session, and Reformation of certain Abuses therein: And the 132d Act of the Twelfth Parliament of King James the Sixth anent the Jurisdiction, Presentation, Qualities and Age of the Lords of the Session, in the whole Heads, Clauses and Articles thereof, and particularly the Clause contained in the said two Acts, Declaring that in all times thereafter, when any place should be vacant in the Session, that His Majesty should nominate and present thereunto a Man fearing God, of good Literature, Practick Judgment and Understanding in the Laws, of good Fame, having sufficient Living of his own, worth Twenty Chalders of Victual of yearly Rent, and who can make good expedition and dispatch in matters touching the Lieges of his Realm; and likewise that Clause contained in the 93d Act of the Sixth Parliament of King James the Sixth, Declaring that the President of the College of Justice shall be elected by the whole Senate thereof, being a Man of the Conditions and Qualities above-written, for chusing and electing of whom the King's Majesty and Estates dispence with that first part of the Institution of the College of Justice anent the Election of the President, Declaring that in case of the absence of the Chancellor and President for the time, it shall be lawful for the Lords to chuse and elect any one of their own number, whom they think qualified and worthiest, who shall be called Vice-President for using of the said Office, ay and while the Return of the said Chancellor and President. Like as Their Majesties, with advice and consent aforesaid, Statute and Ordain, that the whole Qualifications abovementioned, be duly observed in the admission of the Lords of the Session, in all time coming, and that as well in the case of a total, as of a single Vacancy. This being the Vote so declaimed against, and in contempt whereof, and in opposition whereunto, some Persons having surreptiously and fraudulently obtained Warrant, Countenance and Authority from the King, are so vent'rous as to dare to act: We shall, both with all the Loyalty and Modesty that becomes a Subject, and an honest Man, and yet with that freedom and plainness, which one who hath no other design, save to serve God, his King, and his Country, with uprightness and integrity should value himself upon, endeavour to vindicate the Wisdom, as well as the Justice of the Parliament in the forementioned Vote. In the performing whereof, with all that exactness which brevity will allow, I shall begin with an account of the first Administration of Civil Justice in the Kingdom of Scotland that we meet with in our Records. For the College of Justice consisting of those called the Lords of the Session, not having been institute till the Reign of King James the Fifth, Anno 1537. The Administration of Justice was before that time, not only ambulatory and itinerant, but was discharged and executed by such Members of Parliament as the Estates of the Kingdom, in their several Sessions elected from among themselves, and authorized thereunto. Nor had they only their whole Authority from the Estates in Parliament, but to speak properly, they were Committees of Parliament Authorized to such a Work and Office, and accountable to Parliaments for the discharge of the Trusts committed unto them; for the Domini electi ad causas , whom we so often meet with in the Records of Parliament, particularly in those of the Years 1524. 1526. 1528. were such Members at every respective Parliament elected from within their own Walls, for the Administration of Justice between the King and his Lieges, and between one Subject and another. From whence it appears, that it not only appertained unto the Parliament to see that Justice was duly administred, but that the Right was originally in them of nominating and ordaining the Administrators of it. Which makes it very improbable, that after their having been possessed of such a Right, Authority and Jurisdiction for so long time, they should so wholly part from, and intirely surrender it as upon no Occasion or Emergency whatsoever to leave unto themselves a share, or reserve a concern in it. Let us add to this, That when the College of Justice came to be instituted, Anno 1537 Parl. 5 King James the 5th Act 36 though it was Established and Ordained by the Legislative Authority of the King and Estates joyntly, and not by an exertion of meer Royal Prerogative, yet the Estates in Parliament then Assembled, both took upon them and were allowed the Nomination and Choice of the President, as well as of all that were then called forth and advanced to be Lords of the Session, or College of Justice, as appears by the 39. and 41. Acts of the aforementioned Parliament. Yea it is further evident from the Records of Parliament, that the Estates of the Kingdom did often in succeeding Parliaments Nominate, Choose and Impower, those very Lords that were actually of the Session, to continue in the Administration of Justice, which sheweth beyond all rational contradiction, that they could much less enter upon the Office at first, without their being Chosen and Approved by the Estates in Parliament. Thus Anno 1542. being the first of Mary, we find the President with the rest of the Lords of Session Chosen and Impowered a new, as Auditores ad causas , for the hearing and deciding Civil and Criminal Causes. And again we find the Parliament of the Second of Mary, Anno 1543. not only ratifying by the Legislative Authority of the Queen and Estates, the Institution of the College of Justice, but we find the Estates alone nominating and choosing ad causas , the President cum cæteris Dominis Sessionis & Collegii Justitiæ . But forasmuch as there was a change given afterwards by Laws to this Course and Method, and a new Regulation ordained by subsequent Statutes of the College of Justice, wherein both the qualifications of those that are to be Chosen Lords of the Session, and the manner of their Approbation are required and appointed: We are therefore obliged in the next place to look into those Laws, and to examine whether they detract from the Prudence, and weaken the Justice of the Parliament, in their fore-mentioned Vote; or whether they not only Countenance and Support, but Justifie and Vindicate them. And We'll begin with the 93 Act 6 Parliament James 6. where it being acknowledged, That the Nomination of the Lords of the Session belongeth unto the King, and that he ought to name such as have the Qualifications there required, which are already specified in the aforesaid Vote; It is further added, That in all time coming, when an ordinary Place becomes vacant in the Session, the Person nominated thereunto by the King, shall be sufficiently tryed and examined, by a sufficient number of the Ordinary Lords of the College of Justice, for whom it shall be Lawful to refuse the Person presented unto them, and that the King in that Case shall present another, and that so often until the Person presented be found qualified. But seeing this Act may be said to have passed in the minority of King James, and the force of it be thereupon endeavoured to be eluded, We will therefore consult Act 134. Parl. 12. James 6. wherein, besides a Repetition and a Confirmation of all that is mentioned and ordained in the former Act, there is further added, That none shall be received to any Place of Senator in the College of Justice, unless he be sufficiently tryed by the whole College of Justice. Now as those are the Laws relating unto and regulating the Nomination, Examination and Approbation of the Ordinary Lords of the College of Justice, the Practice hath been in all Times conformable thereunto. So that the First Parliament of King Charles the Second, which through the prevailing of the like Folly and Madness in Scotland, which then reigned in England, rob'd the Kingdom of many of the Rights and Privileges, to increase and inlarge the Prerogative of the Crown; yet they were so tender of making any Innovations in this particular, that by their Second Act of that Parliament they Ordain, The Nomination of the Lords of Session to remain as in former Times, preceding the Year 1637. And accordingly we find, as there have been several, who upon single Vacancies in Former Reigns had been rejected by the Lords of the College of Justice, though nominated by our Kings: So there was one Sir William Ballanden, whom Charles the Second had nominated and recommended, who upon examination by the rest of the Lords was refused and rejected, as a Person not Qualified according to the Statutes of the Realm. Is it not therefore unreasonable to be imagined, That the King, who upon a single Vacancy cannot constitute one Judg, till he be examined and approved, should nevertheless be esteemed impowered to confixe the whole Bench of the College of Justice, without a previous Examination and Approbation? How improvident were our Parliaments, and how weak and ridiculous were our Laws, if all that is provided for, be only the restraining the King from making one Judg that is unqualified; and at the same time allow him a Power and Authority of making Fifteen that are unqualified, for such they are to be esteemed, till they have been tried and approved? There can be nothing more unquestionable, than that they who are nominated by the King to be Judges, , according to the Laws of Scotland, to be tried and approved before they be accounted or authorized to sit and judg, and therefore, there being upon a total Vacancy, no Lords of the College of Justice to try, examine and approve those whom the King hath nominated and recommended, it would seem to be uncontroulable by all Persons pretending to reason, and acquainted with our Laws and Customs, about the Right of examining, and of admitting or rejecting them, comes to be devolved upon the Parliament; which is the whole that is desired in the forementioned Vote. Nor is there any mean, but that they either must ascend the Bench without undergoing a Tryal, or receiving an Approbation, which is openly to Affront the Laws; or else the Power and Right of approving, and of accepting, or rejecting, must be acknowledged to reside in the Estates of Parliament. Nor was this ever denied them in the Case of total Vacancy under the worst of the foregoing Reigns. Which makes it the more doleful as well as Amazing, that through the Subornation and Crafty, but false insinuations of Evil Men, there could be an endeavour of wresting it from under the Reign of so Gracious and Temperate a Prince, whom they with so much Affection and Zeal called and invited to the Throne; not only in gratitude for his having delivered them from Popery, but out of a hope and prospect of his relieving them from all their other Grievances. It hath been already proved beyond the possibility of a Reply, That the full Constitution of the College of Justice, and the Nomination and the Approbation of those that were then advanced to be Lords of Session, was by the Estates Assembled in Parliament. And I do now further affirm, That in the two total Vacancies, which are all that have since occurred, besides all that hath now fallen out upon the late happy Revolution, the Estates in Parliament were indisputably allowed the Right of admitting, or rejecting those of whom the College of Justice was to be freshly Constituted; for upon the total Vacancy in the year 1641, which was the first that had been from the Institution of the Lords of the Session, the Parliament not only Challenged the Approving, but they took upon them the joynt Nomination with the King, of all the Persons that were to be admitted into, and created Members of the College of Justice, by this Example and President, I will not insist upon, seeing there was something unjust and illegal in it, as well as something just and legal. For not being satisfied with the Right of admitting, to which Law and Reason gave them an unquestionable Title, they usurped upon the Crown, and took upon them the Power of nominating, which had been granted by former Laws unto the King. Let us therefore see what was done upon that other total Vacancy, which occurred at the Restauration of Charles II. when nothing would have been departed from by the King, that he could have withheld without the highest Injustice, nor any thing either claimed or accepted by the Parliament that they could have sacrificed or surrendred without becoming obnoxious to eminent dangers; and yet even then the King having nominated those whom he designed for the Lords of Session, the Approbation of them was submitted unto the Parliament; and the Estates having in full Parliament consider'd them, they admired and received them. It is true that the Parliament did not bring them single before them, and there Try and Examine them, not because they might not have done it, but because there was no need of it, being all of them of that Eminency, as to be Universally and Notoriously known to have all the Qualifications required by the Statute. Yea though that Parliament was abundantly officious towards the Crown, and Loyal to that excess to the King, as to be Disloyal to their Countrey, and unfaithful to their Constituents; Yet in the Second Act of their first Session, by which they restore to the King what had been wrested from him in the Parliament 1641, they allow him no more in reference to the Lords of the College of Justice, but the Right of nomination as the Crown had enjoyed it, preceeding the Year 1637. But I hear there are some, who finding his Majesty unalterably resolved not to depart from the known and just Laws of the Land in the Governing of his People, have therefore, to elude the force of what hath been here Represented, and to divert his Majesty from hearkning to the humble desires of his Parliament in this matter, been guilty of the Treachery as well as the Impudence to suggest unto His Majesty, That there is not now a total Vacancy, there being of the fifteen nominate by His Majesty for Lords of the Session, three that were antecedently such; and that it belongeth unto them Three to try and approve the others; and that what the Parliament pretends unto, being only in the Case of a total Vacancy, is here wholly Superceded; and that for any to insist upon it, is an incroachment upon the Prerogative of the King, and a robbing of the Lords of Session, of a Privilege vested in them by Law. Now tho all that is here insinuated, be rather the Offering an Affront to our Understandings, than the Accosting us with a reasonable Objection; yet we will so far condescend to the weakness of those that are ignorant of the Laws and Customs of Scotland, as to return such a Reply unto it, which may not only convince all Mankind of the impertinency of it, but expose those that are the Authors of it, to be either loathed as ill men, or ridiculed as silly. For First, Supposing that S, N, and M, who are all that can be referred unto in the pretended Objection, did still remain Lords of the College of Justice, by Reason of their having formerly been so: Yet they are too few to constitute a Session, which they ought to be, before they take upon them to Try and Approve such as are recommended unto them by the Kings nomination. The Quorum of which a Session ought to consist, before it can Exercise any Legal Authority, should be Nine, which I think no Arithmetick will make Three to be. Nor will my Lord S and his Son Sir J. D, find that Success in their Attempts against the first and self-evident Principles of natural Sciences, and of the Mathematicks, that they have had in Undermining and Subverting the Laws of their Countrey. Secondly, for any Person named by the King in order to the being received as a Lord of the Session to be examined and approved by Three, tho granted to be Actual and Sitting Lords of the College of Justice, is expresly repugnant to an Act of the Session it self, confirmed by the King's Letter An 1674. It being provided by that Act, That when any new Lords of Session shall be presented by His Majesty for Tryal of their Qualifications, that they shall be present one day in the Outer-House, where they are to inspect a Process that shall be carried to interloquitor , and from thence make Report of all the Points therein contained, to the whole Lords of Session; and then for compleating their Tryal, shall sit another day in the Inner-House; and the after the bringing the dispute of some point of Law to a Period, shall give their Opinion about it in presence of all those Lords of which that House doth then consist. Now as this Order and Rule is appointed to be observed constantly in all time coming, about the Tryal of Lords nominate by the King, and to be admitted, and hath been accordingly observed and practised ever since, till the present Vacancy; so it is evident to all who have not renounced common sense, that the Regulation, Order and Method of Tryal, prescribed by the foregoing Act, is altogether impracticable, where the Lords that are to be the Tryers, and Examinants, are to be three. But then thirdly, It is the most absurd thing imaginable to fancy, That because Three of the Lords now nominated by the King, were heretofore Lords of Session, that therefore there hath not been a total Vacancy upon this late and happy Revolution. I am sure that in the parallel Case, Anno 1661. the Parliament in the Preface unto the Statute, by which they admitted those to be Lords of the Session whom the King had then named, they call it a new and intire nomination, which they neither could nor would have done, if they had not judged the Vacancy to be total, and yet three of the Lords then nominated by Charles the Second, viz. H, C and L had been Lords of Session, and had sate in the College of Justice before that nomination. Fourthly, if S N and M's having been once Lords of Session be enough to hinder the late Vacation of the Session from being total; then I challenge all the World to tell me what can either make a single, or a total Vacancy; yea, if those Gentlemens Places were not voided after what had befallen them, and the placing others for several years in their room, I do much question whether their death can make their Places Vacant, and whether they may not be as well said to remain Lords of the Session, when they are rotting in their Graves, as to have continued so in the State they were, before His Majesties late nomination of them. For as they all had their Commissions during pleasure, so S's and N's were recalled and reassumed by King Charles, of whom they had received them. And I take it for an undoubted Maxim, that he who hath Power and Authority to give, and giveth not during life, may by the same Authority take away at Pleasure, what he hath given. And as for M who had his Commission from King James, if his Place be not rendered Vacant by his Masters having forefaulted the Crown, nothing will or can render it so. Fifthly, If these Gentlemen having heretofore Lords of the College of Justice, hindreth the late Vacancy from being accounted total; then His Majesties nominating them afresh, was not only superfluous in it self, but an injury unto them. For it was the bringing them to hold that by a new Title, which they had a claim unto, and ought to have been accounted possessed of by an ancient Right. Nor are they obliged for their Places to His Majesties Grace and Bounty, but to his Justice. Sixthly, The very form of the presentation by which their nomination is signified, shews that the Vacancy was taken to be total. For it being the constant Custom in all single vacancies, that the name of the Person succeeded unto, as well as his who is to succeed, be equally expressed in the Presentation, and there being no such form, but the contrary observed in these Gentlemens Case, it is an Argument that His Majesty took the Vacancy to be total, whatsoever his President, Secretary and Advocate do. Seventhly, In all Cases where the Vacancy is not Universal, the Presentation of those named by the King, is directed to the College of Justice, or the Actual Lords of Session, and so our Laws ordain and provide it should be. But the Presentation of those now named to be received and advanced unto the Administration of Justice, or at least of most of them, was directed to the Earl of C who never was a Lord of the Session, nor yet is: Which is an Evidence, that the holding the late Vacancy not to have been total, was not an Opinion they were led into by truth, but by necessity, and that they have only espoused it to justifie what hath been illegally done. It is yet further alledged by these cunning Men, that have first endeavoured to mislead His Majesty, and now seek by what pretences they may best defend that which they have done; That though, by the Ancient Laws, the King was only trusted with the nomination of the Lords of the Session, and the tryal and approbation of them was lodged elsewhere; Yet that by Act, 11. Parl. 1. Charles the Second, the sole choice and appointment of the Lords of the College of Justice is given unto and setled upon the King. But surely they who make the exception must be Men either of very weak understandings, or of very bad consciences, and they must think they have to do with a very credulous sort of People, whom they may bubble into the belief of any thing, though never so false and unreasonable, otherwise they would never talk at so ridiculous and impertinent a Rate. For, First, there is nothing granted unto the Crown by that Act, but what was its ancient and undoubted right: instead of setling any new Prerogative upon the King, the Parliament does only there declare what was anciently the Inherent Privilege of the Crown, and an undoubted part of the Royal Prerogative of the Kings of that Kingdom: Which I am sure that the trying, approving, and accepting or rejecting, those nominated for Lords of Session never was, that having been by so many preceding Acts of Parliament, which we have mentioned, setled and vested in other hands. Secondly, Whatsoever can be supposed to be granted unto the Crown by Act 11. Parl. 1 Charles the Second, it doth as much affect as single Vacancy as a total; the words being, That it is an inherent Privilege of the Crown, and an undoubted part of the Royal Prerogative of the Kings of Scotland to have the sole choice of the Lords of Session. Which can import no more, save that they have the sole nomination of them, but not the tryal of their qualifications, seeing all along since, both in that Reign, and in the next that ensued, the examination and acceptance or refusal of those that were recommended by the two last Kings upon emergent Vacancies to be Lords of the College of Justice, were always certified to the Actual and Sitting Lords of Session, to be by them tryed, and admitted or rejected as they could see cause. Thirdly, What the Gentlemen who make this Exception would give the Crown with one hand, they take away with the other. For while they would Preclude the Parliament from taking notice of the qualifications of those, who upon a total vacancy are nominated by the King, under a pretence that the sole choice of the Lords of Session, is by the forementioned Statute Declared to be an Inherent Priviledge of the Crown: They at the same time seek to skreen and vindicate themselves from the Violation of the other Laws that prescribe the method of trying and approving those who are nominated now by His Majesty for Lords of the College of Justice, by alledging, that S N and M are both in a capacity through having been formerly Judges, and are commissionated to try and approve them. Fourthly, All that some apprehend to be contained in the 11 Act Parl. 1. Charles the Second, is wholly Narratory, and no part of it Statutory, at least so far as our concernment lies in it, and as we are therein referred unto other Acts for the knowledge of what is Statuted and Ordained: So upon our application unto, and consulting of Act 2. Parl. 1. Charles 2. all we find there enacted is, That it is an inherent Privilege of the Crown, and an undoubted part of the Royal Prerogative of the King, to have the sole Choice and Appointment of the Officers of State and Privy Counsellors, but that he hath only the Nomination of the Lords of Session, as in former times preceding the year 1637. and what that was we have already shewed, and do find it to be so far from interfering with, or derogating from what the Parliament doth now insist upon and demand, that it both warrants and justifieth it. I may fifthly subjoyn, That upon supposition that the Act 11. Par. 1 Charles the Second were Statutory, which it no ways is; yet there is a later Act pass'd in the said first Parliament of King Charles the Second, though unprinted, yet upon Record in our Registers of Parliament, and which was purposely made for the Regulation of the College of Justice, and about the admission of the Lords of Session, as the very title and rubrick bears; wherein all that we find Enacted, is, That the King, instead of having the sole choice of the Lords of Session, shall only have the Nomination of them, as the Crown stood possessed of it in times before the year 1637. and that their admission in all times to come shall be according to the Laws and Acts which were in being before the year which we have already mentioned. So that fancy what they will beyond this, granted unto the King by Act 11. yet it is all withdrawn, and reassumed from him by this later Act of April the 5th. All that now remains to be further added on this Subject, so far as concerns the controversial part, is to inquire whether the King hath at all times the sole Power and Right of chusing and appointing the President of the Session? And we presume with all humility to say, that by the Laws of the Kingdom, and according to ancient Practice and Custom, he hath it not, nor can he legally lay claim unto it, seeing by Act 93. Parl. 6. James 6. Anno 1579. It is Statuted and Ordained, That the President of the College of Justice shall be always chosen by the whole Senators of the said College. Which Statute is confirmed by Act 134. Parl. 12. James 6. wherein it is expresly declared, That the King with advice of the Estates, doth ratifie and approve all the Acts made either by his Majesties Predecessors, or by his Highness himself before, upon the Institution of the College of Justice, and the Reformation of the abuses thereof. Nor can it be denyed, but the appointing that the President should be chosen by the whole Senators, was designed as the Reformation of an Abuse in the College of Justice, which either had not been provided against, and obviated in the first Institution of the Session, or which had crept in afterwards. And as this was the Law about the Election of the President, so the Practice was always conformable thereunto, until that my Lord S came to be constituted President by King Charles the Second, and was illegally obtruded upon the Lords of Session, without the being either chosen or approved by them. For from the time of the making the Act until then, there was not one that had ever sate President, but who had been chosen by the Lords of the College of Justice, except Sir John G, who upon being nominated and recommended by the King in the Case of the total Vacancy Anno 1661. was approved and confirmed by the Estates in Parliament. But for the Lord P, the Lord U, the Lord C, Sir Robert S, and the Lord D, who were all that had been President from 1579. until 1661. they were every one of them chosen and admitted by the Lords of Session. Nor is it unworthy of Remark, that the Lords of Session, upon every Election they made of a President, declared that they did it in conformity unto, and in pursuance of the Act of Parliament. And as King Charles's departing from the Law in this particular, was one of the first steps towards arbitrary Power, so it was both in order to farther Incroachments upon our Laws and Rights, and prepared the way for most of the Tyranny that he exercised afterwards. And as S assuming the Office of President, upon the illegal choice of the aforementioned King, was both an Affronting, and Betraying of the known Laws of the Kingdom; so his whole Behaviour in that Station was of one piece and complexion with his entring upon it, being a continued Series of Oppression and Treachery to his Country. For besides that all his Verdicts between Subject and Subject, were more ambiguous than the Delphick Oracles, and the occasion of the Commencement of innumerable Suits in place of the determining of any; he was the principal Minister of all L's Arbitrariness, and of King Charles's Usurpations. Nor was there a Rapine or Murder committed in the Kingdom under the countenance of Royal Authority, but what he was either the Author of, the Assister in, or ready to justifie. And from this having been a Military Commander, for asserting and vindicating the Laws, Rights, and Liberties of the Kingdom against the little pretended Invasions of Charles I. he came to overthrow and trample upon them all in the quality of a Civil Officer under Charles II. Nor is there a Man in the whole Kingdom of Scotland, who hath been more accessary to the Robberies and Spoils, and who is more stained and died with the Bloody Measures of the Times, than this Lord S, who his Majesty hath been impos'd upon to constitute again President of the College of Justice. And as an aggravation of his Crimes, he hath perpetrated them under the vail of Religion, and by forms of Law; which is the bringing the Holy and Righteous God to be an Authorizer and Approver of his Villanies, and the making the Shield of our Protection to be the Sword of our Ruin. But there being some hopes that the World will be speedily furnished with the History of his Life, I shall say no more of him, but shall leave him unto the expectation and dread of what the famous Mr. Robert D foretold would befal them him in his Person and Family, and of which having tasted the first Fruits in so many astonishing Instances, he may the more assuredly reckon upon the full Harvest of it. And the Method he hath lately begun to steer is the most likely way imaginable to hasten upon him and his, what that Holy, and I might say, Prophetical Man denounced against them. For whereas the Nation would have been willing upon his meer withdrawing from Business, and not provoking their Justice by crouding into the Place in which he had so heinously offended, to have left him to stand or fall at the great Tribunal, and to have indempnify'd him as to Life, Honour and Fortune here, upon the consideration of his having co-operated in the late Revolution, and of his having attended upon his Majesty in his coming over to rescue and deliver the Kingdoms from Popery and Slavery: He seems resolved to hasten his own Fate, and through putting himself by new Crimes out of the Capacity of Mercy, to force the Estates of the Kingdom to a punishing of him, both for them and for the old. But to return to what we are upon, about the Right of Electing a President of the Colledge of Justice: It is excepted, to what hath been said, in proof that the Power is by Law in the Lords of Session to choose their own President; that Sir John G, was, upon King Charles the Second's nomination, approved and confirmed in Parliament, Anno 1661. which was a divesting of the Lords of Session of it, and a vertual rescinding all the Laws by which that Power had been settled upon them: To which I have several things to reply, that will discover both the Impertinency of the Objection, and the Treachery of those who have insinuated it to the King. First, It is acknowledged in the very Exception, that the sole Choice of Sir John G as President, was not in King Charles, seeing the Parliament had the Approving, Allowing, and Admitting of him, which makes that case to differ very much from the Present In which the choosing of the President is not only taken away from the Lords of Session, but the approving and admitting of him is denyed to the Estates of the Nation in Parliament assembled. Secondly, What was done in Ordaining Sir John G President, was not a repealing of the Laws, by which the Choosing of the President is vested in the Lords of the Session, but was at most only a dispensing with them in that extraordinary case of a total Vacancy, and in reference unto a Person of a most unspotted Integrity, and unparalleled Knowledge in the Laws. Nor will any Man, pretending to acquaintance with Parliamentary Customs and Proceedings, reckon that a Law is therefore rescinded and abrogated because the Parliament hath seen reason to supersede it in a single Instance, and in a particular case. Laws once Enacted and established are never accounted to be abrogated, unless by particular future Laws formally repealing them, or by posterior general Statutes inconsistent with, and destructive of them. Nor do Two or Three particular Instances, varying from, and repugnant unto them, bring them so much as into disuse and desuetude; but even in order to that, there must be immemorial Prescription against them, and that without being disallowed or complained of in Parliament. Thirdly, What the Parliament did, Anno 1661. in the Case of Sir John G, it was not properly done by them in their Legislative capacity, but as a part of the Supream Authority of the Kingdom, concurring with the King in an Act and Deed of the Supremum imperium , and illemited Power of the Government, which the appointing of Judges for the equal administration of Justice came to be at that season and conjuncture, by reason of the total Vacancy, and the impossibility that thereupon ensued of Choosing and Ordaining the Lords of Session, whereof the President is always one, in the ordinary Legal and Established Methods. What the King and the Estates of Parliament did in the case of that Vacancy of the Colledge of Justice, was much of the Nature of, and parallel unto, what the Estates alone have done upon the late Vacancy of the Throne; wherein they acted not in the way of a Legislative Body, but in the Vertue of that illimited Power which resided in them, as Representatives of the whole People, and who knew no other Measures whereby to act, but what lay most in a tendency to the Publick Safety. Fourthly, The King's having a Right to choose the President of the Session, is disclaimed and ridicul'd by those very Persons that have advised him to challenge it: For my Lord S, in whose Favour, and in pursuance of whose Advice, his Majesty hath claimed a Right, and exerted an Authority of appointing a President, hath, by the Method of his entring upon that Office and Station, renounced the Legality of his Majesty's acting in that particular, and declared that he holds not his Place by vertue of the King's Choice and Designation. For after he had prevailed upon the King to elect and send him down President of the Session, the first thing he did at their Meeting, and that in order to the throwing the blame upon his Majesty of all that had been transacted before, was to wheedle that overaw'd and pack'd Bench, to choose him for President of the Colledge of Justice: which as it shews the Disloyalty and Treachery of the Man, so it testifieth and publisheth his Folly. For how could they be in a capacity as Lords of Session to choose him for a President, that were not antecedently, legally, tryed and approved themselves? And who knowing their own unqualifiedness, both as to Literature and good Fame, made his Majesty's having nominated them, an excuse from their undergoing a Tryal. For though it be both required by the Laws, and was accordingly given out all along here, that they should be tryed; yet Five of them being conscious unto themselves how little they answered the Qualifications prescribed in the Statutes, refused to submit to be examin'd, under a Pretence that they would not thereby weaken his Majesty's Right and Authority in his having elected them. And thus the King's Authority is doubly exposed, by those who call themselves the Ordinary Lords of Session, in excusing themselves from a Tryal, which was never designed they should do, seeing S, M and N, were both appointed, and said to be in capacity to examine them: And then by him who is stiled President, through its being made a Stale for his obtaining the Name, and renounced for the Choice of the Bench, as that which alone must give him a Legal Title. Whereas if the King's Choice of him be not according to Law, and sufficient to justifie his entrance upon his Office, Why did he abuse his Majesty in telling him that it was? And if it be the King's Right, and a part of his Prerogative, to elect the President, Why hath he sacrificed his Majesty's Honour, and given away his Legal Power, in the submitting to hold the Office by any other Tenure? Howsoever we are come to be Gainers by this Carriage of S, how much soever the King is a looser by it. For his surendring from the King the Right of choosing a President, is a Vindication of the Justice of the Parliaments Vote and Demand. Besides, here is an end put to that Pretence which they have been endeavouring to sham upon the World, viz That S was only restored to the Presidency of which he was violently dispossessed, and that he was not chosen unto it as unto a Place whereunto he had not a Right. So that either the Choice made at Edinburgh overthrows the Plea used at London, about his beeing meerly restored; or else that whereby they do here seek to justifie his Majesty's Proceedings in reference to S's being President, condemns what the Proteus hath there betaken himself unto, of being elected by those called the Lords of the Colledge of Justice. To which I shall only add, That as he was never legally President before, so he is as little President now. His assuming the Office then, when he was not chosen by the Bench, as the Law ordains, made him an Usurper; and his entring upon the Place again, upon the Choice of those that are not Judges, by reason of their not being tryed as the Statutes appoint, leaves him under the same Crime and Imputation. So that having now dispatched, all that is either Historical or Argumentative about the several Heads in difference between the Parliament of Scotland, and a few unadvised and ill designing Men about His Majesty: I shall shut up this Discourse with some Political Reflections upon the whole. Whereof the first is, That it is not the having barely a good King that renders a People happy, but much of it must arise from his having good Ministers about him. For no Nation had ever a better Prince than we at present have, and yet we find there is cause of complaint, by reason of the Ill Counsellors that possess his ear. We do not think that he entertains them out of choice, yet that will not give his People ease, though it may for a while suppress their Murmurings. His Majesties being so little acquainted with Men at his first coming over, might lay him open to be misled in the choice of His Officers: But to continue to use them after he hath had sufficient means as well as opportunity of knowing their Characters, will leave an imputation not only upon his Goodness, but upon his Wisdom. For as the People have no other way of judging the goodness of their Prince, but by finding his Officers and chief Ministers to be such: so if these be not, they may possibly acknowledg William to be a good Man, but they will never believe that the King is so. And Machiavel's observation, That a wise King will always find wise Ministers, is no more than what every Man is perswaded of upon the first Principles of Reason, and of common sense. I do acknowledg, that ill Men have ways of thrusting themselves upon Princes, which they that are vertuous think too unworthy and below them to use. For whereas the later are always modest, and seek no recommendations but from their own Merit; the former are importunate, & can both flatter & bribe Favorites to speak well of them. It was a severe Prediction as well as Observation, which the late Prince of Conde made upon the News of King Charles the Second's Death, and of his Brothers succeeding him, viz That he was like to be well served, through having none about him, but his own Fools, and his Predecessors Knaves. How many Wise-Men then imagine his Present Majesty is like to be served, who though he hath not the Fools of the last Reign about him, yet he hath both the Knaves of that and of the former? Nor is it of any great advantage at least to Scotland to be delivered from the Fools of the last Government, seeing there are weak Men enough besides those, and some of them trusted with the chief conduct of the Scotch Affairs. For how else could it be, that of all the Publick Orders remitted thither, there hath not been one, which either the meeting of Estates, the Parliament, or the Privy Council have not voted to be illegal? In reference unto which, as we do acquit the King from all blame, seeing he cannot be supposed to be acquainted yet, either with the Scotch Laws, or with their Forms, and does only sign what others prepare for, and offer unto him; so we are not willing to ascribe it so much to the Treachery and Malice of his Minister, as to his simplicity and weakness: Who though he may possibly be an honest Man, and indifferently versed in common Affairs, yet he hath no great knowledge of the Laws, and is but a Puny in the Politicks, by reason of which he comes to rely upon other Mens advice, who instead of instructing and assisting him to serve the King, make him a Tool for promoting ends and designs directly opposite to His Majesties Service and Interest. But then I should observe, Secondly, That one illegal stop doth lead to many: Nor is one Arbitrary thing to be supported but by another. It hath been hitherto taken for an undoubted Truth, That though the Estates Assembled in Parliament have not alone a Legislative Power, so as to enact Laws without the King, yet that they have the Supream and Uncontrovertible Power of declaring the Meaning, and Sense of those Laws that are already Enacted and Established. So that when the Parliament hath once declared the Sense and Meaning of any Law, all Courts of Judicature, as well as particular Persons, are bound to acquiesce in their explanation of that Law. And to divest the Parliament of this, is to strip them of one of their chiefest Priviledges, and to detract from and diminish their Authority, which is Treason by Law of Scotland. For it is expresly declared by Act 130. Parl. 8. James 6. That whosoever in time coming shall take upon him, to impugn the Dignity and Authority of the three Estates, or shall seek or procure the innovation or diminution of the Power and Authority of the Three Estates, or of any of them, shall be guilty of Treason. Yet when the Present Parliament had declared the sense of the ancient Laws to be, that the King in a total Vacancy could not appoint Judges without their being admitted by Parliament, the advance that had been made against our Laws, in His Majesties assuming a Right of Electing and Authorizing them, hath been seconded with an impugning, despising, and subverting that Authority of Parliament which we have been speaking of. Nor hath the Invasion upon Parliamentary Rights and Priviledges terminated here, but there hath been a further assault made upon them, both by the Councils assuming the Cognizance of that, which was lodged before the Parliament, and by their Actings determining in it contrary to the Vote, and Declaration of the Estates, who are the Supream Judicature, and in conjunction with the King, the only Legislative body of the Kingdom. For it is an unquestioned Maxim, That when a matter is once brought and tabled before the Parliament, so as they have laid their hands upon it, it is not afterwards to fall under the Cognizance, or Determination of the Council, or of any inferior Judicature, unless remitted expresly unto them by the Parliament it self. And therefore the Parliament having given a stop to the opening of the Signet, and to the sitting of the Session, till the King's further pleasure was made known to them, and until that matter should be brought to such an Accomodation, as was consistent with the preservation of the Laws of the Kingdom, it was a high Invasion upon the Authority and Jurisdiction of the Parliament, for the Council to meddle in it. But this they were aw'd unto by those who had given the King advice to chuse the Lords of Session and President, and who knew no way to justifie one illegality but by another. Yea, our Ministers, in order to make the first Act of Invasion upon the Laws which they had thrust the King upon successful, and to prevent their receiving a baffle upon their first setting out on the road of Arbitrariness, sent menacing Letters to those that were nominated Lords of Session, threatning them with ruin if they did not sit at the time they were appointed; and had it not been for those Letters, several had forborn to act, as knowing they could not lawfully do it. And as the sending those Letters sheweth that the Ministers here were convinced that they had counselled the King to an illegal Thing, but which was to be supported in the same manner: So these Gentlemen of the long Robe, who contrary to their own Judgment, were influenced to sit, and to transgress known Laws, have declared how Unworthy and Unqualified they are to be received and approved by Parliament, as Lords of the College of Justice. And to Crown all these Miscarriages in Government with one more, his Majesties Ministers being fully sensible, that they whom they call Lords of Session, were neither legally appointed, nor could legally meet and sit, they therefore resolved forcibly to support what they had unjustly begun and done; and accordingly, against the day and time those Gentlemen were to sit, they ordered all the Forces, which were drawn in unusual Numbers about Edenburgh, to be in a readiness upon beat of Drum, that what they had Arbitrarily begun, might be Violently maintained. Which as it was an applying, and using of his Majesties Troops, upon a much differing Design, than that for which the Parliament had consented to their being raised and paid: So it had been much more for his Majesties Honour, and the Benefit of his Kingdom, that they had been all imploy'd against Cannon, who is still making Inroads, and committing Robberies upon several of his Majesties Loyal Subjects; and who by the ill Conduct and treasonable Counsel of some of his Majesties Ministers, seems to have connived at and forborn, since the last defeat that was given him, for no other reason, but that there may be a stand for other Rebels in due time to go unto. But that which I would observe, Thirdly, and in the last place, is, That his Majesty for his own Honour and Safety, and for the Peace and Welfare of his People, ought to make some Change and Alteration of his Ministers. For it is evident, That they who are imployed as Instruments of Oppression, Rapine and Murder, under an ill Government, can never be of use unto, nor for the reputation of a good. It is evident, That he is betrayed, nor is it so difficult to know by whom, and how. For Things speak, when Men either dare not, or will not. And Advices are not to be judg'd of by the Quality and Profession of the Persons that give them, but by the tendency of the Counsels that are given. For example, They cannot design well unto his Majesty, who tell him, That he must not make haste to conquer his Enemies, until he have first screw'd up his Prerogative; and that he is to improve the dread his People are under of King James, for wresting from them what he can, before he attack him. Again, they cannot intend his Majesties Interest, who would have him overlook the Crimes and Treasons that are daily committed against him, seeing the conniving at Rebels can only be to incourage Rebellion. Again, they who advise him to be King only of a Party, and not of the whole People, have a mind he should be King of none. And to counsel him either not to use those in his Service who are both willing to serve him, and would do it with the utmost Fidelity; or to use those whose Carriage speaks them to be in the Interest of his Enemies, it is to have him betrayed instead of being served. Nor can they be for his Continuing upon the Throne, who would have hindred his Ascent unto it. And whosoever embarrasseth him with his Parliaments, and by it retards Succours for the Support of the War, can mean no less than that his Majesty and his Kingdom should become a Prey to King James, and to his Brother of France. And they who counsel him to go on where his Predecessor left off, have a mind to see a new Abdication, though they were not for the Old. But what might be said upon this Head, requireth rather an intire Discourse, than to be confined unto a short Remark. And therefore all I shall add is, That as his Majesty must be infallibly lost, without a speedy Change as to some of his Ministers, so he needs not to fear them, if they be but once thrust out of his Councils; seeing all the hurt that they are able to do him, is through their being there. And if he will but own himself, and assert his own Interest, he will have enough of those to stand by him, who have no Interest but what is his.

Politics

THE LATE Proceedings and VOTES OF THE PARLIAMENT OF SCOTLAND, &c.

The late proceedings and votes of the Parliament of Scotland [...]

PolB1690

Mr. Sheriffe, HAVING observed that the Methods of making Speeches at the place of Execution was not alwayes attended with the designed Success; And thinking it better to imploy my last Minutes in Devotion and Holy Communion with my God; I have prepared this Paper to leave in your Hands, as well to assert my Principles as to testifie my Innocency. As to my Religion I professe, by God's Grace, I dye in the Faith into which I was baptized, that of the Church of England, in whose Communion (nothing doubting of my Salvation thro the Merits of my Saviour) I have alwayes thought my selfe safe and happy; according to her Principles and late much esteemed Doctrines (tho now unhappily exploded) I have regulated my Life, beleiving my selfe obliged by my Religion to looke upon my rightfull lawfull Prince (whatever his Principles were or his Practises might be) as God's Vicegerent, and accountable (if guilty of Male-administration) to God only, from whom he received his Power, and alwayes beleiving it to be contrary to the Laws of God, the Church, and the Realme, upon any pretence whatsoever to take up Arms against him, and let all the World take notice, in this Beleife I dye. But I have more particular Obligation to the King my Master, whom I have honour to serve, and received many signal Favours from for sixteen years past, so that Gratitude (a thing not much esteemed at this time) as well as Duty and Religion Commanded the utmost Service I could pay him; and when I add these Considerations that we were born his Liege Subjects, that we have solemnly professed our Allegiance, and often confirmed it with Oaths, That his Majesties Usage after the Prince of Orange's arrival was very hard, severe, (and if I may so say) Unjust; And that all the new Methods of settling this Nation have hitherto made it more miserable Poor, and more exposed to Foreign Enemies. And the Religion we pretend to be so fond of preserving, now much more than ever likely to be destroyed: There seems to me no way to prevent the Impending evils, and save these Nations from poverty and destruction, but the Calling home our Injured Sovereign, who as a true Father of his Country has (notwithstanding all his Provocations and Injuries) a natural love and tenderness for all his Subjects, and I am so far from repining at the loss of my life, that had I ten thousand I should think my self obliged to sacrifice them all rather than omit any just and honest means to promote so good and necessary a work; and I advise and desire all my fellow Subjects to think of their Duty and return to their Allegiance, before the severe Judgment of God overtake them, for their Perjury and Rebellion, but certainly the good and Interest of these Nations, abstracted from all other Considerations, will ere long convince them of the necessity of doing it. Having thus frankly declared my Principles, I know the Inference will be, that I have acted accordingly and consequently that am I now justly condemned; but as I ingenuously own the Premisses, so as I positively deny the Consequence; for whatever my Inclinations or Actions have been, yet, as to the Matter I was sentenced to dye for, I declare my self innocent, and will appeal to the Judges themselves, whether or no, upon my , there appeared the least proof that I knew a tittle contained in the Papers, but Presumption was, with the Jury, thought sufficient to find me guilty, tho I am told, I am the first Man that ever was condemned for High Treason upon bare Suspicion or Presumption, and that contrary to my L. Coke's and other eminent Lawyers Opinions. The knowledg of my own Innocency, as to the Indictment and Charge against me, was that that armed me with so much assurance, and occasioned my casting my Life upon the first Twelve Men of the Pannel, without challenging any. But tho I have, I think, just reason to complain of the severe Charge given by the Judges, and hard measure I have received, not to mention my close Imprisonment, the hasty and violent Proceedings against me, nor the Industry used in the Return of fitting Persons to pass upon me, the denying me a Copy of the Pannel, &c. Yet, as I hope for Pardon and Forgiveness at the hands of my God, so do I most heartily pray for, and forgive them, and all my Enemies, all the World, nay even that Judg and Jury-Man who did so signally (contrary to common Justice) expose themselves to destroy me. But let the Will of God be done: I rely wholly upon his Mercy and the Merits of my blessed Saviour for Salvation, I do chearfully and entirely resign my self into his Hands, as into the Hands of a faithful Creator, in sure and certain hopes of a happy Resurrection. Bless, protect, and strengthen, O Lord God, my good and gracious King and Master; in thy due time let the Virtue, Goodness, and Innocency of the Queen, my Mistress, make all her Enemies blush, and silence the wicked and unjust Calumnies that Malice and Envy have raised against her; make her and these Nations happy in the Prince of Wales, whom from unanswerable and undoubted Proofs I know to be her Son; restore them all when thou seest fit to their just Rights, and on such a bottom as may support and establish the Church of England, and once more make her flourishe, notwithstanding the Wounds hath received of late from her prevaricating Sons. Forgive, forgive, O Lord, all my Enemyes, bless all Friends, comfort and support my deare afflicted Wife, and poor Babes, be thou a Husband and a Father to them; for their sakes only I could have wished to live; but pardon that Wishe, O good God, and take my Soule into thy everlasting Glory. Amen.

Politics

Mr. Ashton's Paper.

An answer to the paper delivered by Mr. Ashton at his execution to Sir Francis Child [...]

PolB1706

My Lord Chancellor, WHEN I consider this Affair of an UNION betwixt the Two Nations, as it is express'd in the several Articles thereof, and now the Subject of our Deliberation at this time; I find my Mind crowded with variety of very melancholy Thoughts, and I think it my Duty to disburden my self of some of them, by laying them before, and exposing them to the serious Consideration of this Honourable House. I think, I see a Free and Independent Kingdom delivering up That, which all the World hath been fighting for, since the days of Nimrod; yea, that for which most of all the Empires, Kingdoms, States, Principalities and Dukedoms of Europe, are at this very time engaged in the most Bloody and Cruel Wars that ever were; to wit, A Power to manage their own Affairs by themselves, without the Assistance and Counsel of any other. I think, I see a National Church, founded upon a Rock, secured by a Claim of Right, hedged and fenced about by the strictest and pointed'st Legal Sanction that Sovereignty could contrive, voluntarily descending into a Plain, upon an equal level with Jews, Papists, Socinians, Arminians, Anabaptists, and other Sectaries, &c. I think I see the Noble and Honourable Peerage of Scotland, whose valiant Predecessors led Armies against their Enemies upon their own proper Charges and Expences, now divested of their Followers and Vassalages, and put upon such an equal Foot with their Vassals, that I think I see a petty English Exciseman receive more Homage and Respect, than what was paid formerly to their quondam Mackallamors. I think I see the present Peers of Scotland, whose Noble Ancestors conquered Provinces, over-run Countries, reduc'd and subjected Towns and fortify'd Places, exacted Tribute through the greatest part of England, now walking in the Court of Requests like so many English Attornies, laying aside their walking Swords when in Company with the English Peers, lest their Self-defence should be found Murder. I think I see the Honourable Estate of Barons, the bold Asserters of the Nations Rights and Liberties in the worst of Times, now setting a Watch upon their Lips, and a Guard upon their Tongues, lest they be found guilty of Scandalum Magnatum. I think I see the Royal State of Burrows walking their desolate Streets, hanging down their Heads under Disappointments; wormed out of all the Branches of their old Trade, uncertain what hand to turn to, necessitate to become 'Prentices to their unkind Neighbours; and yet after all, finding their Trade so fortified by Companies, and secured by Prescriptions, that they despair of any Success therein. I think I see our Learned Judges laying aside their Practiques and Decisions, studying the Common Law of England, gravelled with Certioraries, Nisi prius's, Writs of Error, Verdicts indovar, Ejectione firmae , Injunctions, Demurrs, &c. and frighted with Appeals and Avocations, because of the new Regulations and Rectifications they may meet with. I think I see the Valiant and Gallant Soldiery either sent to learn the Plantation-Trade abroad; or at home petitioning for a small Subsistance, as the Reward of their Honourable Exploits, while their old Corps are broken, the common Soldiers left to beg, and the youngest English Corps kept standing. I think I see the Honest Industrious Tradesman loaded with new Taxes, and Impositions, disappointed of the Equivalents, drinking Water in place of Ale, eating his saltless Pottage, petitioning for Encouragement to his Manufacturies, and answered by counter Petitions. In short, I think I see the Laborious Ploughman, with his Corn spoiling upon his Hands, for want of Sale, cursing the day of his Birth, dreading the Expence of his Burial, and uncertain whether to marry or do worse. I think I see the incurable Difficulties of the LandedMen, fettered under the Golden Chain of Equivalents, their pretty Daughters petitioning for want of Husbands, and their Sons for want of Employments. I think I see our Mariners delivering up their Ships to their Dutch Partners; and what through Presses and Necessity, earning their Bread as Underlings in the Royal English Navy. But above all, my Lord, I think I see our Ancient Mother CALEDONIA, like Cæsar, sitting in the midst of our Senate, rufully looking round about her, covering her self with her Royal Garment, attending the Fatal Blow, and breathing out her last with a Et tu quoque mi fili . Are not these, My Lord, very afflicting Thoughts? And yet they are but the least part suggested to me by these dishonourable Articles; should not the Consideration of these things vivifie these dry Bones of ours? Should not the Memory of our Noble Predecessors Valour and Constancy rouse up our drooping Spirits? Are our Noble Predecessors Souls got so far into the English Cabbage-Stock and Colliflowers, that we should shew the least Inclination that way? Are our Eyes so Blinded? Are our Ears so Deafned? Are our Hearts so Hardned? Are our Tongues so Faltered? Are our Hands so Fettered, that in this our day, I say, My Lord, That in this our day, we should not mind the things that concern the very Being and Well-being of our Ancient Kingdom, before the day be hid from our Eyes. No, my Lord, GOD forbid; Man's Extremity is GOD's Opportunity: He is a present Help in time of need, and a Deliverer, and that right early. Some unforeseen Providence will fall out, that may cast the Balance; some Joseph or other will say, Why do ye strive together, since you are Brethren? None can destroy Scotland, save Scotland's self; hold your Hands from the Pen, you are secure. Some Juda or other will say, Let not our Hands be upon the Lad, he is our Brother. There will be a JEHOVAH-JIREH, and some Ram will be caught in the Thicket, when the bloody Knife is at our Mothers Throat: Let us up then, my Lord, and let our Noble Patriots behave themselves like Men, and we know not how soon a Blessing may come. My Lord, I wish from my Heart, that this my Vision prove not as true, as my Reasons for it are probable; I design not at this time to enter into the Merits of any one particular Article; I intend this Discourse, as an Introduction to what I may afterwards say upon the whole Debate, as it falls in before this Honourable House; and therefore, in the farther Prosecution of what I have to say, I shall insist upon some few Particulars, very necessary to be understood, before we enter unto the Detail of so important a Matter. I shall therefore, in the first place, endeavour to encourage a free and full Deliberation, without Animosities and Heats; In the next place, I shall endeavour to make an Enquiry into the Nature and Source of the Unnatural and Dangerous Divisions that are now on foot within this Isle, with some Motives shewing, that it is our Interest to lay them aside at this time: Then I shall enquire into the Reasons which have induced the two Nations to enter into a Treaty of Union at this time, with some Considerations and Meditations, with Relation to the Behaviour of the Lords Commissioners of the two Kingdoms, in the Management of this great Concern. And lastly, I shall propose a Method, by which we shall most distinctly, and without Confusion, go through the several Articles of this Treaty, without unnecessary Repetitions or loss of time. And all this with all Deference, and under the Correction of this Honourable House. My Lord Chancellor, the greatest Honour that was done unto a Roman, was to allow him the Glory of a Triumph; the greatest and most dishonourable Punishment, was that of Paricide: He that was guilty of Paricide, was beaten with Rods upon his naked Body, till the Blood gush'd out of all the Veins of his Body; then he was sow'd up in a Leathern Sack, call'd a Culeus, with a Cock, a Viper, and an Ape, and thrown headlong into the Sea. My Lord, Patricide is a greater Crime than Paricide, all the World over. In a Triumph, my Lord, when the Conqueror was riding in his Triumphal Chariot, crowned with Lawrels, adorned with Trophies, and applauded with Huzza's, there was a Monitor appointed to stand behind him, to warn him, Not to be high-minded, nor puffed up with overweening Thoughts of himself; and to his Chariot were tied a Whip and a Bell, to mind him; That for all his Glory and Grandeur, he was accountable to the People for his Administration, and would be punished as other Men, if found guilty. The greatest Honour amongst us, my Lord, is to represent the Sovereign's Sacred Person in Parliament; and in one particular it appears to be greater than that of a Triumph; because the whole Legislative Power seems to be wholly intrusted with him: If he give the Royal Assent to an Act of the Estates, it becomes a Law obligatory upon the Subject, tho' contrary or without any Instructions from the Sovereign: If he refuse the Royal Assent to a Vote in Parliament, it cannot be a Law, tho' he has the Sovereign's particular and positive Instructions for it. His Grace the Duke of Queensberry, who now represents Her Majesty in this Session of Parliament, hath had the Honour of that Great Trust, as often, if not more than any Scots Man ever had: He hath been the Favourite of two Successive Sovereigns; and I cannot but commend his Constancy and Perseverance, that notwithstanding his former Difficulties and unsuccessful Attempts, and maugre some other Specialities not yet determined, that his Grace has yet had the Resolution to undertake the most unpopular Measures last. If his Grace succeed in this Affair of an Union, and that it prove for the Happiness and Wellfare of the Nation, then he justly merits to have a Statue of Gold erected for himself; but if it shall tend to the intire Destruction and Abolition of our Nation; and that we the Nations Trustees shall go into it; then I must say, That a Whip and a Bell, a Cock, a Viper, and an Ape, are but too small Punishments for any such bold unnatural Undertaking and Complaisance. That I may pave a way, my Lord, to a full, calm, and free Reasoning upon this Affair, which is of the last Consequence unto this Nation; I shall mind this Honourable House, that we are the Successors of our Noble Predecessors, who founded our Monarchy, framed our Laws, amended, altered, and corrected them from time to time, as the Affairs and Circumstances of the Nation did require, without the Assistance or Advice of any Foreign Power or Potentate, and who, during the time of 2000 years, have handed them down to us a free Independent Nation, with the hazard of their Lives and Fortunes: Shall not we then argue for that, which our Progenitors have purchased for us at so dear a Rate, and with so much Immortal Honour and Glory? GOD forbid. Shall the Hazard of Father unbind the Ligaments of a dumb Son's Tongue; and shall we hold our Peace, when our Patria is in danger? I speak this, my Lord, that I may encourage every individual Member of this House, to speak their mind freely. There are many wise and prudent Men amongst us, who think it not worth their while to open their Mouths; there are others, who can speak very well, and to good purpose, who shelter themselves under the shameful Cloak of Silence, from a Fear of the Frowns of Great Men and Parties. I have observed, my Lord, by my Experience, the greatest number of Speakers in the most trivial Affairs; and it will always prove so, while we come not to the right understanding of our Oath de Fideli , whereby we are bound not only to give our Vote, but our faithful Advice in Parliament, as we should Answer to GOD; and in our Ancient Laws, the Representatives of the Honourable Barons, and the Royal Burrows are termed Spokesmen. It lyes upon your Lordships therefore particularly to take notice of such, whose Modesty makes them bashful to speak. Therefore I shall leave it upon you, and conclude this Point with a very memorable Saying of an honest private Gentleman to a great Queen, upon occasion of a State-Project, contrived by an able Statesman, and the Favourite to a great King, against a peaceable obedient People, because of the Diversity of their Laws and Constitutions. If at this time thou hold thy Peace, Salvation shall come to the People from another place, but thou and thy House shall perish. I leave the Application to each particular Member of this House. My Lord, I come now to consider our Divisions. We are under the happy Reign (blessed be GOD) of the Best of Queens, who has no evil Design against the meanest of her Subjects, who loves all her People, and is equally beloved by them again; and yet that under the happy Influence of our most Excellent Queen there should be such Divisions and Factions, more dangerous and threatning to her Dominions, than if we were under an Arbitrary Government, is most strange and unaccountable. Under an Arbitrary Prince, all are willing to serve, because all are under a necessity to obey, whether they will or not. He chuses therefore whom he will, without respect to either Parties or Factions; and if he think fit to take the Advices of his Councils or Parliaments, every Man speaks his Mind freely, and the Prince receives the faithful Advice of his People without the mixture of Self-designs: If he prove a good Prince, the Government is easy; if bad, either Death or a Revolution brings a Deliverance. Whereas here, my Lord, there appears no end of our Misery, if not prevented in time; Factions are now become Independent, and have got footing in Councils, in Parliaments, in Treaties, in Armies, in Incorporations, in Families, among Kindred, yea, Man and Wife are not free from their political Jarrs. It remains therefore, my Lord, that I enquire into the Nature of these things, and since the Names give us not the right Idea of the thing, I am afraid I shall have Difficulty to make my self well understood. The Names generally used to denote the Factions, are Whig and Tory, as obscure as that of Guelfs and Gibelins: Yea, my Lord, they have different Significations, as they are applied to Factions in each Kingdom; a Whig in England is a Heterogeneous Creature, in Scotland he is all of a piece; a Tory in England is all of a piece, and a Statesman, In Scotland, he is quite otherways, an Anti-Courtier and Anti-Statesman. A Whig in England appears to be somewhat like Nebuchadnezzar's Image of different Metals, different Classes, different Principles, and different Designs; yet take them all together, they are like a Piece of fine mixed Drugget of different Threads, some finer, some courser, which after all make a comely Appearance, and an agreeable Suit. Tory is like a Piece of Loyal-made English Cloth, the true Staple of the Nation, all of a Thread; yet if we look narrowly into it, we shall perceive Diversity of Colours, which according to the various Situations and Positions, makes various Appearances: Sometimes Tory is like the Moon in its Full, as appeared in the Affair of the Bill of the Occasional Conformity; upon other Occasions it appears to be under Cloud, and as if it were eclipsed by a greater Body, as it did in the Design of calling over the Illustrious Princess Sophia. However, by this we may see their Designs are to outshoot Whig in his own Bow. Whig in Scotland is a true blew Presbyterian, who without considering Time or Power, will venture their All for the Kirk: But something less for the State. The greatest Difficulty is, how do describe a Scots Tory: Of old, when I knew them first, Tory was an honest-hearted Comradish Fellow, who, provided he was maintain'd and protected in his Benefices, Titles and Dignities by the State, he was the less anxious who had the Government and Management of the Church: But now what he is since Jure-Divinity came in Fashion; and that Christianity, and, by Consequence, Salvation comes to depend upon Episcopal Ordination, I profess I know not what to make of him; only this I must say for him, That he endeavours to do by Opposition, that which his Brother in England endeavours by a more prudent and less scrupulous Method. Now, my Lord, from these Divisions, there has got up a kind of Aristocracy, something like the famous Triumvirate at Rome; they are a kind of Undertakers and pragmatick Statesmen, who finding their Power and Strength great, and answerable to their Designs, will make Bargains with our Gracious Sovereign; they will serve her faithfully, but upon their own Terms; they must have their own Instruments, their own Measures; this Man must be turn'd out, and that Man put in, and then they'll make her the most Glorious Queen in Europe. Where will this end, My Lord? Is not her Majesty in Danger by such a Method? Is not the Monarchy in Danger? Is not the Nation's Peace and Tranquility in Danger? Will a Change of Parties make the Nation more happy? No, My Lord, the Seed is sown, that is like to afford us a perpetual Increase; it's not an Annual Herb, it takes deep root, it seeds and breeds; and if not timely prevented by her Majesty's Royal Endeavours, will split the whole Island in two. My Lord, I think, considering our present Circumstances at this time, the Almighty GOD has reserv'd this Great Work for us. We may bruise this Hydra of Division, and crush this Cockatrice's Egg. Our Neighbours in England, are not yet fitted for any such thing; they are not under the afflicting Hand of Providence, as we are; their Circumstances are Great and Glorious, their Treaties are prudently manag'd, both at Home and Abroad, their Generals Brave and Valorous, their Armies Successful and Victorious, their Trophies and Laurels memorable and surprizing; their Enemies subdu'd and routed, their strong Holds besieg'd and taken, Sieges reliev'd, Marshals kill'd and taken Prisoners, Provinces and Kingdoms are the Results of their Victories; their Royal Navy is the Terror of Europe, their Trade and Commerce extended through the Universe, incircling the whole habitable World, and rendering their own capital City the Emporium for the whole Inhabitants of the Earth; and, which is yet more than all these things, the Subjects freely bestowing their Treasure upon their Sovereign; and above all, these vast Riches, the Sinews of War, and without which all the glorious Success had proven abortive, these Treasures are manag'd with such Faithfulness and Nicety, that they answer seasonably all their Demands, tho' at never so great a Distance. Upon these Considerations, My Lord, how hard and difficult a Thing will it prove, to perswade our Neighbours to a self-denying Bill! It's quite otherways with us, My Lord, we are an obscure poor People, tho' formerly of better Account, removed to a remote Corner of the World, without Name, and without Alliances, our Posts mean and precarious; so that I profess I don't think any one Post of the Kingdom worth the briguing after, save that of being Commissioner to a long Session of a factious Scotch Parliament, with an antedated Commission, and that yet renders the rest of the Ministers more miserable. What hinders us then, My Lord, to lay aside our Divisions, to unite cordially and heartily together in our present Circumstances, when our All is at Stake? Hannibal, my Lord, is at our Gates, Hannibal is come within our Gates, Hannibal is come the Length of this Table, he is at the Foot of this Throne, he will demolish this Throne; if we take not Notice, he'll seize upon these Regalia, he'll take them as our spolia opima, and whip us out of this House, never to return again. For the Love of GOD then, my Lord, for the Safety and Well-fare of our ancient Kingdom, whose sad Circumstances, I hope, we shall yet convert into Prosperity and Happiness! We want no Means, if we unite; GOD blesseth the Peace-makers; we want neither Men, nor Sufficiency of all manner of Things necessary, to make a Nation happy; all depends upon Management, Concordia res parvæ crescunt. I fear not these Articles, tho' they were ten times worse than they are, if we once cordially forgive one another, and that according to our Proverb, Bygones be bygones, and fair Play for time to come. For my part, in the Sight of GOD, and in the Presence of this honourable House, I heartily forgive every Man, and beg, that they may do the same to me; and I do most humbly propose, that his Grace, my Lord Commissioner, may appoint an Agape , may order a Love-Feast for this honourable House, that we may lay aside all Self-designs, and after our Fasts and Humiliations, may have a Day of Rejoycing and Thankfulness, may eat our Meat with Gladness, and our Bread with a merry Heart; then shall we sit each Man under his own Fig-tree, and the Voice of the Turtle shall be heard in our Land, a Bird famous for Constancy and Fidelity. My Lord, I shall make a Pause here, and stop going on farther in my Discourse, 'till I see farther, if his Grace, my Lord Commissioner, receive any humble Proposals for removing Misunderstandings among us, and putting an End to our fatal Divisions; upon Honour I have no other Design, and I am content to beg the Favour upon my bended Knees. No Answer! My Lord Chancellor, I am sorry that I must pursue the Thread of my sad and melancholy Story: What remains, I am afraid may prove as afflicting as what I have said; I shall therefore consider the Motives which have ingag'd the two Nations to enter upon a Treaty of Union at this time. In general, my Lord, I think both of them had in their View, to better themselves by the Treaty; but before I enter upon the particular Motives of each Nation, I must inform this honourable House, that since I can remember, the two Nations have alter'd their Sentiments upon that Affair, even almost to down-right Contradiction, they have chang'd Head-bands, as we say; for England, 'till of late, never thought it worth their Pains of treating with us; the good Bargain they made at the Beginning, they resolve to keep, and that which we call an incorporating Union, was not so much as in their Thoughts. The first Notice they seem'd to take of us, was in our Affair of Caledonia, when they had most effectually broke off that Design in a manner, very well known to the World, and unnecessary to be repeated here; they kept themselves quit during the time of our Complaints upon that Head. In which time our Sovereign, to satisfy the Nation, and allay their Heats, did condescend to give us some good Laws, and amongst others, that of personal Liberties; but England having declar'd their Succession, and extended their Intail, without ever taking Notice of us, our Gracious Sovereign Queen ANN was Graciously pleased to give the Royal Assent to our Act of Security, to that of Peace and War after the Decease of her Majesty, and the Heirs of her Body, and to give us a Hedge to all our Sacred and Civil Interests, by declaring it High Treason to endeavour the Alteration of them, as they were then establish'd. Thereupon did follow the threatning and minatory Laws against us by the Parliament of England, and the unjust and unequal Character of what her Majesty had so Graciously condescended to in our Favours. Now, my Lord, whether the Desire they had to have us engag'd in the same Succession with them? or whether they found us like a free and independent People, breathing after more Liberty than what formerly was look'd after? or whether they were afraid of our Act of Security, in case of her Majesty's Decease? Which of all these Motives has induc'd them to a Treaty, I leave it to themselves. This I must say only, they have made a good Bargain this time also. For the particular Motives that induc'd us, I think they are obvious to be known, we found by sad Experience, that every Man hath advanc'd in Power and Riches, as they have done in Trade, and at the same time considering, that no where through the World, Slaves are found to be rich, tho' they should be adorn'd with Chains of Gold; we thereupon chang'd our Notion of an incorporating Union, to that of a federal one; and being resolv'd to take this Opportunity to make Demands upon them, before we enter into the Succession, we were content to impower her Majesty to authorize and appoint Commissioners to treat with the Commissioners of England, with as ample Powers as the Lords Commissioners from England had from their Constituents, that we might not appear to have less confidence in her Majesty, nor more narrow-hearted in our Act, than our Neighbours of England: And thereupon last Parliament, after her Majesty's Gracious Letter was read, desiring us to declare the Succession in the first place, and afterwards to appoint Commissioners to treat, we found it necessary to renew our former Resolve, which I shall read to this honourable House. Resolve presented by the Duke of Hamilton last Session of Parliament. "That this Parliament will not proceed to the Nomination of a Successor, 'till we have had a previous Treaty with England, in Relation to our Commerce, and other concerns with that Nation. And farther, it is Resolved, That this Parliament will proceed to make such Limitations and Conditions of Government, for the Rectification of our Constitution, as may secure the Liberty, Religion, and Independency of this Kingdom, before they proceed to the said Nomination. Now, my Lord, the last Session of Parliament having, before they would enter upon any Treaty with England, by a Vote of the House, past both an Act for Limitations, and an Act for Rectification of our Constitution. What mortal Man has Reason to doubt the Design of this Treaty was only federal? My Lord Chancellor, It remains now, that we consider the Behaviour of the Lords Commissioners at the opening of this Treaty. And before I enter upon that, allow me to make this Meditation, that if our Posterity, after we are all dead and gone, shall find themselves under an illmade Bargain, and shall have a Recourse unto our Records, and see who have been the Managers of that Treaty, by which they have suffer'd so much: When they read the Names, they will certainly conclude and say, Ah! our Nation has been reduc'd to the last Extremity, at the time of this Treaty; all our great Chieftains Chieftians , all our great Peers, and considerable Men, who us'd formerly to defend the Rights and Liberties of the Nation, have been all kill'd and dead in the Bed of Honour, before ever the Nation was necessitate to condescend to such mean and contemptible Terms; where are the Names of the chief Men, of the noble Families of Stewarts, Hamiltons, Grahams, Campbels, Gordons, Johnstons, Homes, Murrays, Kers, &c? Where are the two great Officers of the Crown, the Constables and Marshals of Scotland? They have certainly all been extinguish'd, and now we are Slaves for ever. Whereas the English Records will make their Posterity reverence the Memory of the honourable Names, who have brought under their fierce, Warlike, and troublesome Neighbours, who had struggled so long for Independency, shed the best Blood of their Nation, and reduc'd a considerable part of their Country, to become waste and desolate. I am inform'd, my Lord, that our Commissioners did indeed frankly tell the Lords Commissioners for England, That the Inclination of the People of Scotland were much alter'd of late, in Relation to an incorporating Union, and that therefore, since the Intail was to end with her Majesty's Life, (whom GOD long preserve) it was proper to begin the Treaty upon the Foot of the 1604 Year of GOD, the Time when we came first under one Sovereign: But this the English Commissioners would not agree to; and our Commissioners, that they might not seem obstinate, were willing to treat and conclude in the Terms laid before this honourable House, and subjected to their Determination. If the Lords Commissioners for England had been as civil and complaisant, they should certainly have finish'd a federal Treaty likeways, that both Nations might have the Choice, which of them to have gone into, as they thought fit; but they would hear of nothing, but of an intire and compleat Union, a Name which comprehends an Union, either by Incorporation, Surrender, or Conquest; whereas our Commissioners thought of nothing but a fair equal incorporating Union; whether this be so or no, I leave it to every Man's Judgment; but as for my self, I must beg Liberty to think it no such thing: For I take an incorporating Union to be, where there is a Change both in the material and formal Points of Government, as if two pieces of Metal were melted down into one Mass, it can neither be said to retain its former Form or Substance as it did before the Mixture. But now, when I consider this Treaty, as it hath been explain'd and spoke to before us these three Weeks by past, I see the English Constitution remaining firm, the same two Houses of Parliament, the same Taxes, the same Customs, the same Excises, the same Trade in Companies, the same Municipal Laws and Courts of Judicature; and all ours either subject to Regulations or Annihilations, only we have the Honour to pay their old Debts, and to have some few Persons present, for Witnesses to the Validity of the Deed, when they are pleased to contract more. Good God! What, is this an intire Surrender? My Lord, I find my Heart so full of Grief and Indignation, that I must beg Pardon not to finish the last part of my Discourse, that I may drop a Tear, as the Prelude to so sad a Story. After having sit down, and some Discourses by other Members intervening, he continued his Discourse thus: My Lord Chancellor, What I am now to say, relates to the Method of Proceeding in this weighty Affair: I hear it proposed by a Noble Member of the other side, that we should proceed in the same Order, as the Lords Commissioners Treaters did. In my humble Opinion, my Lord, it is neither the natural Method, nor can it be done without great Confusion and Repetition. To say, You'll agree to the Union of the two Kingdoms, before you agree in the Terms upon which they are to be united, seems like driving the Plough before the Oxen. The Articles, which narrate the Conditions, seem to be the Premisses upon which the Conclusion is inferred; and according as they are found good or bad, the Success will follow. When a Man is married to a Fortune in England, as they call it, I suppose he is satisfied with the thing before he determines himself to marry; and the Proposal I have heard of agreeing to the first Article with a Proviso, That if the rest of the Articles shall be found satisfactory, and no otherwise, is of apiece with the rest, and looks like beating the Air, and no ways consistent with fair and square Dealings. Besides, my Lord, if we were to go upon the first Article, are not all the rest of the Articles, besides many others not contained in the Articles, valid Arguments either Pro or Con, against concluding or not concluding the first Article? And no Vote in this House can hinder a Man from making use of what Arguments he thinks fit. Moreover, the searching the Records, and the revising the StatuteBooks, comparing the Books of Rates, Customs, Excise, Taxes, of both Nations with one another, must all be previously consider'd ere we determine our selves in one single Article; add to this, that the prohibitory Clause with relation to the Trade of both Nations must be adjusted, lest like Æsop's Dog, we lose the old in grasping at the new; the State of English Companies must also be exposed, how far we shall have Liberty into them, and what Advantage we may propose to our selves by trading to these Places where they are secured; and above all, my Lord, the Security of our National Church, and of all that's dear unto us, must be previously established to us, if practicable, before we conclude the first Article. Therefore, my Lord, tho' my particular Opinion be, tho' we had a Cart blanch from England; yet the delivery up of our Sovereignty, gives back with one hand, what we receive with the other, and that there can be no Security without the Guarantee of a distinct dictinct Independency betwixt the Parties Treating: yet, my Lord, for farther Satisfaction to this Honourable House, that every Member may fully satisfie himself, I humbly propose, that passing by the first three Articles, which appear to be much of apiece, we begin at the fourth Article of the Treaty; and if I be seconded in this, I desire it may be put to the Question.

Politics

The Lord Beilhaven's speech in the Scotch Parliament [...] on the subject-matter of an union betwixt the two kingdoms [...]

PolB1713

IT is a very difficult Thing exactly to determine in what Cases, and how far a good Subject may express his Dislike of what is either done, or connived at by his Governors. Those whom by the Laws of God we are commanded not only not to resist, but to aid and assist with our Hands, our Purses, and our Prayers, we are certainly required our selves to reverence, and to exhort and encourage others to do so too. Now that Reverence is undoubtedly weakned, whenever we blame any of their Actions or Designs, as hurtful to the Publick Good. The higher the Accusations are, the greater is the Offence. But tho' this is a good Reason for Men to be modest in their Suggestions, yet it is not a sufficient Reason for them to be entirely silent. Nay, it is more dutiful for Men to express the Causes of their Complaint, than wholly to stifle them, and only to shew Signs of Dissatisfaction without discovering the true Grounds of their being dissatisfied; since they do thereby give an Opportunity to those, whom it does most nearly concern, to clear themselves; and thereby to strengthen that Government, which every good Man desires to see in a prosperous and flourishing Condition. I shall not therefore be afraid to declare my Apprehensions of the State of Affairs in this publick Manner; especially since they are not mine alone, but the Apprehensions of very many honest Men, who are zealous Friends of the Constitution both in Church and State as by Law Establish'd, and entirely affectionate to Her Majesty's Person and Government; which they heartily pray to God to have long, very long continued, as a Blessing to these Nations. Those that affect now to be called High-Church-Men, have no Pretence to complain; who in Memorials from the Press, and in Sermons from the Pulpit, (and many of them too printed afterwards) did in a Manner, which no True Church of England Man dares imitate, treat the late Ministry in the vilest and most contemptuous Manner possible, and threaten them in Terms little short of downright Rebellion. I shall not therefore, I hope, be accused of Undutifulness to Her Majesty, or of Want of Respect to Her Ministers, when I own my Apprehensions that the Peace, which is now in a manner concluded with France, may not produce those lasting good Effects, which all Honest Men, who wish well to the Protestant Religion, and to British Liberty, desire they should. I do not pretend to be wiser than my Representatives, or my Governors; and by the British Constitution every Man is bound by what they do. But since our Evils, (if they are such) may not yet be past Retrieve, and since I know my self to be truly Amicus Curiæ (and such are sometimes allowed to speak in our Courts of Justice, tho' they were not at first retained) I shall venture to propose my Thoughts upon the present Occurrences at this Juncture, when the Parliament is ready to meet, to offer up their united Gratulations for the Peace, which (as far at least as it relates to us) is in a manner concluded. The great Reason which is GIVEN for making Peace upon these Terms, is, That otherwise the Balance of Power could not be preserved in Europe, since the whole Austrian Dominions and Pretensions are now settled in one Man, the present Emperor; so that it would be of worse Consequence to the Peace of Christendom, to let him enjoy the whole, than to let King Philip keep Possession of the Throne of Spain. Before this Proposition be consider'd, pursuant to the Views which we are taught to have of the Affairs of Europe at this Time, I wou'd desire Gentlemen, who talk so warmly upon this Subject, to look back to the State of Christendom in the Time of Henry VIII. which may be learnt form any of the Histories of that Time. The Emperor Charles V. was the possess'd of the Low-Countries entire, of the Dutchy and County of Burgundy, of Spain and the West-Indies, of the Kingdom of Naples, was Master of almost all the Maritime Force of Europe, and was Emperor at the same time. His Brother Ferdinand, who was King of the Romans, had indeed the Hereditary Countries in Germany, but he was little more than Charles's Vice-Roy, as long as he continued Emperor. The House of Burgundy with nothing but the Netherlands, (and them not entire) and the Burgundy's, were very uneasy and formidable Neighbours to the Predecessors of Francis I. for several Generations; and Lewis XI. King of France, found Charles the Hardy (Great Grandfather to Chalres V.) a powerful Adversary. Charles V. wanted neither Ambition nor Spirit: He was an understanding and a diligent Prince; always at the Head of his own Affairs, and ready as well as able, when Occasion offer'd, to head his own Armies: He was very well served, and had as great Generals, and as glorious Troops, as that Age produced; and it cannot be deny'd but the House of Austria under him was at the Top of its Greatness; very much greater than it has been since. And yet notwithstanding all this, and notwithstanding the great Footing which Chalres V. as Duke of Burgundy, had in France it self, Francis I. who had little else but the remaining Part of France, made Head against that Mighty Emperor; and tho' he was once taken Prisoner, and forced to redeem himself upon very hard Terms, yet he and his Son Henry II. held Charles V. for above 30 Years together at Bay, and defended their Territories against all that Charles was able to do against them; and the Result of all those long and bloody Wars, till the Victory of St. Quintin, which was gotten soon after his Abdication by his Son Philip II. King of Spain, was, that the House of Austria got the Dutchy of Milan upon the Failure of the House of Sforza, and kept it against the Claims of the House of France. Let us now see what England could do, and did at that Time. Henry VIII. King of England and Ireland only, and Ireland no Addition to his Strength, without the Advantage of Foreign Trade, turn'd the Balance which way he wou'd, tho' he had no Fleets to match the Emperors. This Case, which is not commonly considered, will give us a clear Solution of that Celebrated Question concerning the Balance of Power at this Time. England and Holland have powerful Fleets: Germany can have none: Spain has none, nor in Truth can have any, that need give us any Jealousy: France has besides what Francis I. possess'd, both the Burgundies, Alsace, and great Part of the Spanish Netherlands, and is in Effect Master of Lorrain. All these Countries either leaned to, or were in the Possession of the House of Austria at that Time. At Sea, France is an Over-match for any one of the Maritime Powers, in truth an equal Match for both. What is has done at Land against the united Strength of almost all the rest of Christendom, has been sufficiently seen since the Year 1688. The Case in short is this. When the House of Austria was at the highest, when the Wealth of the West-Indies was entirely in its Hands, when its Revenues were clear, when the whole Trade of Europe was managed by its Subjects, or its Vassals, (excepting what was in the Hands of the Portugueze and the Venetians) and when great and fruitful Provinces even of France it self were obedient to its Princes, yet then France was so much a Match for it, that the Kings of England could, whenever they came in heartily, turn the Balance; and yet the Crown of England was very much weaker than it is now. We had no Fleets, no Foreign Trade, nor could we absolutely rely upon Scotland to help us. What therefore cannot France do, when it has open and avowed Settlements in the Spanish West-Indies, when King Philip cannot bring home his own Plate unless other Nations will give him Leave, and when the First Prince of the Blood of France is upon the Spanish Throne. It is a Jest to say that Charles VI. if he had all he asks for, would be so great as ever Charles V. was, that Lewis XIV. is not much more powerful than any of his Predecessors, and that Queen Anne is not capable of turning the Balance of Europe as effectually as ever Henry VIII. did. But the Crowns of France and Spain will not be under the same Head; and the two Branches of the House of Bourbon in Time may quarrel: at least their Interests will be different. It is indeed possible that they may quarrel, but it is by no means likely. The Two Branches of the House of Austria were divided after the Abdication of Charles V. to the Death of Charles II. of Spain, who was the last Prince of the Male Line of his own Branch. That Division lasted above 140 Years. During that Period, the Spanish Branch carried on a War for above 50 Years in the Netherlands against the Inhabitants of those Provinces who had withdrawn themselves form their Obedience; and for near 30 Years against France before the Peace of the Pyrenee's, and afterwards from the Year 1667, when the French King invaded the Spanish Netherlands upon the Death of Philip IV, with very short Intervals till the Year 1700, when Charles II. died. The German Branch carried on a long and terrible War in Germany from the Time that Frederic Elector Palatine accepted of the Crown of Bohemia till the Peace of Munster, which was near 30 Years. In all that Time, the Two Branches never took up Arms the one against the other, but always mutually assisted each other as they wanted any Assistance, to the utmost of their Strength. Was it not the Spanish Assistance which was constantly, and affectionately, and powerfully lent to the Emperors Ferdinand II. and Ferdinand III. during those German Wars, which hinder'd K. James I. and K. Charles I. from procuring the Restitution of the Palatinate to that unfortunate King of Bohemia and his Children? Upon Philip IVth's Death, did the Emperor Leopold stand by when the King of Spain was attack'd? Were not Leopold's and Charles's Interests always judg'd to be the same, and did not they perpetually act in Concert with each other? It will be the same now, with the Two Branches of the House of Bourbon. France will support Spain for its own sake, and Spain will always return the Kindness as long as there is any one single Power in Europe, which by claiming under the House of Austria shall pretend to the Succession of the Spanish Monarchy. I do not ask what secret Engagements King Philip may be under to his Grandfather, and his Successors Kings of France; tho' it is not likely, that Lewis XIV. has made so ill a Bargain for the vast Sums of Money which he has spent to settle his Grandson, for the Quantity of Bloodshed on that Account, and for the wasting and impoverishing his own Noble Country, as not to secure something equivalent to Repayment, or Requital for so great an Expence and Loss. But this I enquire not into. I would rather enquire, whether it is not likely, that the Two Branches of the House of Bourbon, supposing them to be distinct, should not look upon it to be their Interest to stand by each other. Till K. Philip is fully settled, he can no more subsist without France, even after a Peace, than a Child that is learning to walk can go without a Leader. Whatsoever may be the Interest of Spain it will be the Interest of its King to adhere to France. Arragon and Catalonia, especially the Latter, will be disgusted. What Factions may arise in Castile is uncertain; and it will always be the Interest of Portugal to foment Disturbances, and to harbour, at least not to discountenance, Malecontents. In such a Case a British Parliament will scarce be willing to assist the Crown in abetting K. Philip: And we can hardly think that Holland will be forward to assist him. Thus it will be at first, and what Scenes may arise afterwards, we cannot at this distance with any probability undertake to foretell. This is all upon a Supposition that the Two Crowns are upon Two Heads. But may we not reasonably enquire what may probably happen if the Dauphin should dye without Issue Male? In answer to this we are told, that K. Philip has actually renounced for his Children, born or to be born, all his and their Titles to the Crown of France for ever. This Renunciation will be more or less Valid, as it can or cannot be supported by Arms. What has been done in that Way already by the House of Bourbon since the Peace of the Pyrenee's is publickly known, and has been lately set in an excellent Light by the Author of the Sighs of Europe. Since no Side therefore does at the Bottom believe a Bourbon Renunciation to be of any force with the Renouncers, any farther than as it is backed with a sufficient Strength that may make it execute it self, I would desire Gentlemen to take along with them these following Considerations. In the First Place then, it is certain that it is more for the Glory of Lewis the XIV. to have his Grandson Philip Lord of the Whole in case of the Dauphin's Death, than to have him only K. of Spain. France will really then be Mistress of Europe, and a Prince descended from Lewis the XIV. will be its Governor. The Dauphin is so extream sickly that his Life is not expected; and it is not supposed that he will out-live his Minority. The French King is old and infirm; scarce a Month passes but we have an Account of his Indispositions, which when they are so frequent in a Man of his Years, are very alarming; That seems to be the Reason why he takes such pains to get England to sollicit the Allies to come in, tho' why they should so sollicit it, is not to be imagin'd: The Dutch are promised their Barrier very little worse than it was before stipulated in the Year 1709, between Us and Them; tho' my Lord Td was declared an Enemy to his Country by the Parliament of GreatBritain for signing it at that Time. A Reciprocal Guarantee is offered between the Crown of Great Britain and the States General for that, and for the Hanover-Succession. This is to hasten the Work. Now if it is not likely, that (if it were left to the Fench King's Option) he would chuse to have the Two Crowns rather Dismembred than United, then one may justly fear, that such Measures may be hereafter taken, and which if taken, cannot be prevented by Us and Holland, as may unite them after the Demise of the Dauphin. Without this Renunciation K. Philip could not keep Spain at all. The Ministry, who want no Courage, would scarce dare to advise the Queen to sign a Peace with France without it: This the Courts of Versailles and Madrid know very well. France therefore (let its Secret Designs be what they will) must have a Peace if possible whilst the Dauphin lives. Sign now, and leave the rest to Time. Thus we may suppose they reason. Great-Britain is willing on these Terms to come into a Peace; and that Opportunity is not to be slipt; and from what the Court ofFrance has done in former Conjunctures, we may make Rational Suppositions of what they are doing now. But farther: It is possible the French King may be in earnest; that he not only longs for Peace, but bonâ fide intends to keep it. He may perhaps seriously repent of his former Breaches of Faith, which have been more flagrant, and more frequent, than can be matched in the History of any single King, of what Religion soever, since the Creation. But if he should not be in earnest, and only proposes to amuse us till a fitter Conjuncture offers it self, what can be done? Why, we are told, that the Dukes of Berry and Orleance will make the Title, which they have acquired by this Renunciation of K. Philip, good by their own Interest and Force. I wish they may; but it may be justly questioned whether they can make it good: No Nation has ever shewn it self so jealous of the Succession of their Kings as France has done. The French Nation have not renounced K. Philip, nor indeed can they. They have a Right to demand that he, and in default of him that his Children should reign over them. And they may (for ought we know) think it their Interest to have it so. In that Case France would become the Seat of Empire, and Spain and the West-Indies Provinces to France. France in case that should happen would gain greatly, and that they well know. The Industry and Activity of the French Nation, which for these last 50 Years has turned it self more than ever it did formerly to Trade and Business, to Maritime Affairs, and to making Settlements for Commerce in remote Countries, would soon bring the Trade of the World into their own Hands. The truth is, we strain at Gnats, and swallow Camels, when we bellow at the Dutch, and overlook the French in this Article of Trade. France we are told is to have Lisle re-delivered upon the Peace. Lisle was the Center of the Woollen Manufacture for Stuffs, which the French Erected in this last Age, when the Allies took it in 1708. That Manufacture, which for several Ages was the great Glory of the English Nation, has been raised by them in all its considerable Branches to an amazing Height. Ten Assiento's will not make that Loss good. And we are told now, that Lisle must be restored, because otherwise they cannot make the proper Assortments (as they are called) of Cargoes to send to their Plantations. These Assortments we made before, and God be praised can make again. It will (I fear) be to little purpose to tell us, that We shall be favoured as much as the Nations the most favoured in the Treaty of Commerce. The French will undersell us at least if they do nothing else; and by having Settlements of their own in America, they will carry on the Trade more advantagiously than we possibly can. Trade is not to be forced: If the Spaniards in the West-Indies can buy to greater Profit of the French than they can of us, they will do so, let our Tariffs be never so splendidly drawn. The Hopes therefore of that Immense Gain which the French may reap from the Indies, in case they had a King of their own at the Head of the Spanish Monarchy, will very probably be a powerful Motive to them to desire K. Philip to be their King if the Dauphin should dye, especially since he has an Hereditary Right of his own to support him. If Lewis the XIV. judged it to be the Interest of the House of Bourbon (may they reasonably say) to oblige his Grandson to renounce France, what is that to Us now? Kingdoms are not like Private Inheritances. If the right Heir has an indefeasible Right to our Allegiance, we have the same indefeasible Right to his Government. If he will renounce for himself, he cannot however renounce for his Children. Any Act of this ought not in Natural Justice to affect them. Nay, supposing he could renounce for his Children yet unborn, he cannot renounce for those Two Sons of his that are born already. If it may be alledged, that the Children yet unborn can have no accruing Right to what the Father had no Right to at the time of their Birth, yet the Case is different with those Two Princes who are now actually born. They were born Princes of the Blood of France, and are unquestionably too young to do any Act of their own that can be Valid, and it is essentially unjust to tye them up by what their Father does in a Thing of this Nature where their Birthright is concerned, and a Birthright of such vast Importance, not only to themselves but to all the rest of Christendom. Now it is no Chymerical Supposition to imagin that the French Nation will reason after this manner, when once a seasonable Conjuncture shall offer it self, it is not impossible likewise that they may think this to be the only way to prevent a Civil War. To their Cost they know what Civil Wars upon the Account of a Title to the Crown mean. No Nations ever carry'd on a more severe, or a longer War without Intermission than they did after Henry the IIId's Death, to settle Henry the IVth. who was next Heir, upon the Crown. And this they did, tho he was a Protestant, and continued so for several Years after; and when the League try'd to set up the Cardinal of Bourbon his Uncle, thinking thereby to pacify the People, it proved to no purpose, for the Nation chose rather to bear with the Miseries of a Civil War, than to alter the Succession: And this they did against the United Force of Rome and Spain. Should they therefore upon such an Occasion appear zealous for K. Philip, he would have as fair a Pretence to accept of their Love, as he now declares to have to stand by his faithful Spaniards; and whatsoever he shall do in such a Case, will appear to be their Act not his. It is not therefore unlikely the French Nation may judge this to be the likeliest way to prevent a Civil War. Titles have lien dormant for a Generation or Two, and afterwards have broke out when a proper Opportunity has offer'd it self. This actually happened in the Controversy between the Houses of York and Lancaster for the Crown of England, about 250 Years ago. The House of York gave way during the Reigns of Henry the IVth and Henry the Vth, and asserted their Right in Henry the VIth's Time, when his weak Administration gave them a fair Opportunity. And they asserted in such a manner that they turned out the House of Lancaster, which had kept the Throne for Three Generations. This Example the French have before their Eyes, and this may naturally lead them to think that the horrible Mischiefs of a Civil War can no way be so well prevented as by receiving Philip or his eldest Son to be their King, notwithstanding those Renunciations which have so long amused Europe. The Methods indeed which are generally believed to have been taken to clear the ground of the late Two Dauphins, (the Duke of Burgundy and his Eldest Son) may put an end to this matter, and leave to the Dukes of Berry and Orleans a quiet and an undisputed Succession. Other Methods will most probably be successless. It is a Jest to say therefore, that K. Philip can renounce for any Body but himself, or that the French will accept his Renunciation any farther than as they themselves like it. They will perhaps appear fond of it at present, because it brings Peace along with it, and a Breathing-Time from those Miseries under which they have so long groaned; and sinking Nations as well as drowning Men, will lay hold of every Bough that will give them present Ease. All these Things put together may probably appear of Weight. What is here suggested concerning the future Prospect of the Affairs of Europe, is not said with a Design to accuse the Ministry for what they have done: They certainly know the State of the Nation and the Condition of our Allies better than private Men: And this is a good Reason why By-standers should pass modest Censures upon what they have done. But still a British Parliament has a Right to give Advice in this important Conjuncture, and with all possible Duty and Loyalty to desire (if they think it necessary) an Account of the Steps which have been taken for the Nation's Good. When my Lord Td was declared an Enemy to his Country last Sessions for Signing the Barrier-Treaty, the House of Commons were not in the wrong to make such a Declaration, upon a Supposition that they believed him to be so: And I am confident they did then believe him to be such an Enemy, whatever they might do this next Session, if the Question were to be put again. Whatsoever Her Majesty and the British Parliament does, we ought to receive as becomes good Subjects. Her Majesty declared when she laid the Conditions upon which a Peace might be had before her Parliament, that she had the Protestant Succession most at Heart; and we do with Joy confide in the Solemn Declaration of Her Majesty, who is a Princess of such incomparable Vertues, and of whose steady Love to Her People we have had such frequent Instances. Nor is it likely that a British Parliament will ruin their Country, and bring in Popery in cool Blood. What Private Men may do will not be charged upon them. But I cannot without Concern and Indignation observe how very Modish it is to lay load upon the Dutch, and how tamely Men submit to see them abused in our News-Letters and Prints in so vile a manner. That the Dutch may have sometimes over-reached us in Trade may for ought I know be true: Tho' they have cleared themselves of so many Things which have been lay'd to their Charge, that perhaps it will be most advisable to suspend our Judgments till those Matters are put in a clearer Light. But be it so: In Trade they are our Rivals, and we trust in our Governors that they will take care of the Interests of the Nation in that particular, as well as in all others, and we are easy upon that Head. But let the Dutch have been what they will towards us in point of Trade, in which private Men as well as Nations are for engrossing to themselves as much always as they can, it is certain, that the States-General are at this Time next to us the greatest Support of the Protestant Interest in Europe. And I shall not be afraid to assert, that the Preservation of the Protestant Religion has been under God owing to that Commonwealth. After the Battel of St. Quintin when France lay wholly at the Mercy of the K. of Spain, Philip the IId preferred the Cause of Popery to the Increase of his Power by ruining the K. of France, and struck up a sudden and an unexpected Peace, that he might enter into effectual Measures with Henry the IId to extirpate the Northern Heresy; which Measures would humanly speaking have been successful had not God wonderfully interposed. For Henry the IId was killed soon after, and left Children who were unable to execute the Designs which their Father had laid; and Philip by oppressing the Low-Countries contrary to their own just and known Privileges, which he himself had but a little before solemnly sworn to observe at (what their Historians call) the Joyful Entry, forced them upon Measures which at last ended in the Erection of the Dutch-Commonwealth. The Wars in the Netherlands which were subsequent to those Commotions, took up all K. Philip's Time, and wasted his Men and Treasure; and to the steady and constant Support which Q. Elizabeth gave that Infant-State we owe our own Liberties both Civil and Religious. If the Dutch could not have stood without Her, She could as little have stood without them. The Spanish Invasion would not have been the only one in her Time, if the Low-Country Wars had not kept Philip the IId constantly employ'd during the whole Course of his long Reign. What could Germany have done then, if the Netherlands had been entirely reduced? Whereas now England and Holland can mutually support one another, and stand by the Protestant Interest any where else. And for God's sake let us look into Germany a little? Saxony is lost, we may say irreparably, when the Electoral Prince once abjures his Religion, which we expect every Post to hear he will. The Palatine-House has left us a good while ago. There are now but Two Protestant Powers in Germany, of any great weight, Hanover and Brandenburgh. These Considerations render it necessary for the Two great Protestant Powers of Great-Britain and Holland (which are indeed very great when well united) to keep together. God has no where promised to work Miracles for his Church; and if he had, yet there is no reason to suppose he should work any for those that forsake themselves. We are told indeed that the Dutch will for their own sakes stand by us in the Day of Danger. Be it so. But then there must be mutual Confidence as well as mutual Interest, or else Alliances will be weakly supported, and Assistances coldly given. And how far that Confidence has been broken within these last 18 Months, between Us and Holland, I do not pretend to determine. It is not therefore either an improper, or an undutiful Question to ask, if the House of Bourbon should have a Mind to bring in the Pretender after the Peace is ratified, and K. Philip quietly possess'd of Spain and the WestIndies, whether it will be so easy to keep him out as it would have been, if by our withdrawing from the Allies we had not forced them to make a precipitate Peace? Is it not the joint Interest of both Branches of the House of Bourbon to bring him in if they can? The House of Hanover, whenever they come, must for their own Security stand by Holland and the House of Austria, whose Interest it certainly is to keep France from rising higher. If we would pass a right Judgment upon this Matter, we must see what the present Disposition of the Nation appears to be. Do we not see Pamphlets openly Published among us, to show that no Prince ought to be debarred, of (what is called) his Natural Right to govern, upon the Account of Diversity of Religion? And does not this holy Right (as it is termed) appear every day in the Advertisements of our most celebrated News-Papers, which are spread the farthest, and the most greedily read? What does this tend to, but to wean the People by Degrees from their Fondness for the Protestant Succession? If any Man, let his Personal Character have otherwise been never so eminent, and let him have been never so zealous, and acted never so steadily for the Tory Interest, ever since the Revolution, but once declare against a Peace with France at this Juncture, and upon these Terms, is he not immediately traduced in our Weekly Papers, in Lampoons, and in Penny Merriments, and treated as the vilest of Scoundrels, and set up as a Mark to be shot at by the People? An Apostate from his old Principles, a Companion for Td, and a Member of the Calves-Head Club, is the best Language he must expect to meet with. I will not deny, but the Ministry has, what we are sure Her Majesty has most at Heart, which is the Protestant Succession. Yet what so effectual Course can be taken, to bring People to bear with what they before abhorred, as what we see daily practised? No Man thinks a British Ministry will attempt to alter the Establishment, unless they think they shall be backed by a British Parliament: And what Parliament will venture at any Innovations against the universal Bent of the People? The People can be no other way lured on so successfully as by a present Peace, and the Prospect of future Plenty. The Land-Tax bears very hard upon the Gentlemen of England; and I do not affront them, when I say, that great Numbers of them wou'd be very well pleased to see French Wine as cheap as it was Twenty Five Years ago. The trading Part of the Nation may possibly be brought by Degrees to think, that they cannot enjoy any one Branch of their Trade securely, so long as the Dutch can send out a Fisher-Boat upon the Ocean, or a Merchant-Man to the East-Indies. Our Pamphleteer's do now assure us, that the King of France has been a strict Observer of his Word all along; and the next Thing which we are to look for, is, that he will join in a Guarantee to secure the Barrier for the Dutch, and the Hannover Succession, against himself. There is nothing can ruin us at Home, but an implicit Confidence in every thing that tht is called a Tory. The Bulk of the Tories of England are in their Hearts against the Pretender: And they will not easily be brought to think, that Men of whom they have long a good Opinion, can harbour any Designs but what appear above-board; and it is indeed possible there may be no evil Designs under-hand carry'd on. The Tories are fond of the Church of England, of Monarchy and Episcopacy, and God bless them for such their Fondness. The Whigs unfortunately, (and perhaps some of them maliciously) gave into several Things, whilst they were in Power, which look'd very ill towards the Church. It is not to be believed, how much the Clergy were exasperated all over the Nation, by the publick spreading of that pestilent, and, in truth, heathenish Book, called the Rights of the Church. The Ministry sat by, and the Parliament for a long while took no Notice of it. This inflam'd the Body of the Clergy: And tho' the most and the best Answers against it were written at the Command of Whiggish Bishops, or dedicated to them; yet since the Civil Power did not interpose in a Matter which so nearly concerned the Being of the Church, and the Maintenance of its Clergy, their Dissatisfaction was not lessen'd. The Impeachment of Dr. Sl afterwards for a Point of Doctrine, made them lose all Patience. The Rage which that Impeachment produced had dire Effects. Men that were really concerned for their Religion, (and of those we have great Numbers) believed their common Christianity was at Stake. And when the Children of Darkness appeared above-board, when not only such little Scriblers as Tl, Cns, Al, and Td; but even some whose Birth and Quality gave them a Hereditary Place in our Parliament, appeared in Print against the Christian Religion, in Defence of what they called Natural Liberty, and Free-Thinking, as if his Quality gave any Man a sufficient License to brave the Lord of Hosts; and all this while the then Ministry sat unconcernedly by; if this gave the secret Enemies of our Constitution Opportunity to set things in a Flame; it is not to be wondred. And in truth I have often thought, that the Fall of that Ministry was a just Judgment of God upon them for their Remissness, in not giving what Check they could to the horrid Course of those vile and irreligious Books which appeared at that Time; and I fear it is no Breach of Charity to say, that some Leading Men amongst them, whilst they laboured to appear to be Englishmen, forgot sometimes that they were Christians. But they have smarted for their Folly; I hope they will repent of it. But must we necessarily fall into Scylla, in endeavouring to avoid Charybdis? Could we not (as Sir John Denham says) France will not, it cannot, unless it will abjure Popery, support the Church of England, or Protestant Episcopacy. The Pretender under any Disguize, and British Liberty, are inconsistent Things. To think, that if he were once settled here, he wou'd not be influenced by Directions from Abroad, is downright Infatuation. It is allow'd that we are not of our selves strong enough to hinder it; where then in such a Case could the Nation fly for Relief? Have we not wantonly cast off our old Friends, without getting new? I must here again repeat it, (because what is never out of my Mind, I would not lose sight of one Moment,) that I have no design to accuse the Ministry. They can't alone ruin us if they would. Should they pour in never so many Bodies of new Lords into the upper House, still the House of Commons are in Possession of the Triennial Act, and a certain Estate in Land is a necessary Qualification to enable any Man to be a Member of their House. But the raising new Troops of Peers is an expedient the same Ministry as long as there is any public Liberty left, will hardly venture to try above once. In Her Majesty's Goodness therefore, and in a British House of Commons we think ourselves safe. And, God be thanked, we have those Securities. For we may ruin ourselves very easily if we please, for there is a Door already open, which without very speedy care be taken may let in those Enemies, whom, when once let in, it will not be in our Power very easily to drive out. Our immediate Danger at present is from Scotland; and how few apprehend any Danger from the Quarter! The Imposition of the new Oaths has shewn what the Scottish Nation would be at; and if for no other Reason the Imposition of those Oaths was necessary at this time, that England may see how the Scottish Nation stands affected. The Convulsions which have happen'd since the Oaths were tendred to the Scotish Ministers of both Persuasions, deserve to be set in a clear Light before us, who live on this Side of the Tweed, before they rise to too great a Head. Now the Case is this. By an Act past this Session (Annæ 10. cap. 7.) all the Ministers of the Established Church of Scotland, as also all the Ministers of the Episcopal Persuasion in NorthBritain (who are tolerated by the said Act to hold Congregations according to the Liturgy of the Church of England) were obliged to take and subscribe the Oaths of Allegiance and Abjuration on or before Aug. 1. 1712. This Time being found to be too short, they had by another Act past the same Session (Annæ 10. cap. 32.) Time given them to qualify themselves till Nov. 1. 1712. During this Interval, the general Assembly of the Church of Scotland met, and made a Declaration which they presented to Her Majesty. In which they set forth, that they did not understand any Words or Syllables in that Oath, to have a Sense or Meaning contrary to their known Principles and Church Government. When the Time drew nigh in which they were to qualify themselves, the Quarter-Sessions met in most Parts of Scotland, that the Ministers who would take the Oaths of Allegiance and Abjuration, according to the Toleration-Act above-mention'd, might have an Opportunity so to do. At Edinburgh, Twenty six Ministers of the Presbytery of that Place, went in a Body to the Sessions, preceded by Mr. Carstairs, in order to qualify themselves, and there tendred the above-said Declaration of the General Assembly. Some of the Justices protested against receiving any such Declaration, others protested against the former, for not admitting it. These being out-number'd, the Minsters after having privately protested that they had offer'd such a Declaration, took the Oaths and subscribed them. The same Thing was done in other Parts of Scotland; and those that took the Oaths protested either before or after they took them, that they had tendred such a Declaration. But in the whole, it is computed that not above one half of the Ministers of the Established Church have taken the Oaths. Six of the most popular Ministers in Edinburgh have refused them. Of the Episcopalians, but Two have comply'd with the Act throughout Scotland: One in Edinburgh, who preaches to the English Congregation there; and one at Glasgow, who has lately taken Orders, and open'd a Meeting in that City. The Sunday following the Non-Jurors of both Parties preached publickly, and I suppose do so still. In Edinburgh it self the Populace join with the Non-Jurors, so that their Churches are thronged, whereas the Jurors are in a good Measure deserted. One Minister particularly beyond the Frith that had taken the Oaths, went the next Sunday to preach as usual in his own Church, and found the Doors shut against him; and he was threatned to be stoned, if he attempted to open them. This is the present State of the Church of Scotland. The Episcopalians directly declare themselves to be Jacobites, and upon that Score alone they refuse the Oaths. That no Man questions. And Whig and Tory on the other Side of the Tweed are Names that are universally understood to denote Men that are for or against the Pretender. Care has been taken to infuse Scruples into the Presbyterians, as if the Intention of the Parliament by this Act was to destroy their Church Government by Degrees. Weak Scruples they are God knows! and yet weak as they are, they have had Influence enough to propossess one half of the Ministers of the Estalish'd Church. The Provincial Synod sat lately, and the Non-Jurors gave in a Declaration to the Synod, setting forth that they had no other Objection against the Oaths, than that they understood themselves to be thereby bound to support the Hierarchy of the Church of England contrary to their known Principles. The Jurors gave in another Declaration, declaring that they did not take them in that Sense. This shelters the Jacobites: And upon this Account they have industriously fomented these Scruples among the Presbyterians. Is not here now a fair Field in which the Friends of the Pretender may exert themselves, whilst Things are in this Confusion? The Nobility and Gentry, it is to be feared, are but too much disgusted, upon the account of their being (as they think) shut out by the Union of their Birthright, by which they had for so many Ages by-gone so great a Share in the Legislature. This operates too much even upon the Presbyterians themselves: Tho' could they carry their Resentments against England, against which they are chiefly enraged upon the Account of the Union, so far as to join with the Pretender, they would have reasons to expect nothing better than Ulysses's Fate, to whom Polyphemus in the Poet promised as a Reward for making him Drunk that he should be eaten up last. Be this as it will: Here is a great Body of Men, and those at a great distance from London, and not very rich, and consequently more liable to Temptation, disgusted. It will behove a British Parliament to find a Remedy for these Evils as soon as possible. It will be equally their Interest to quiet People at home. The Church has been already made easy with relation to the Dissenters by the passing of the Occasional-Bill, which past last Sessions without Opposition. The Whigs by giving readily into it show'd themselves not to be Enemies of our Church, or if they were so before, they hereby made a signal Atonement. When the Dutch see that we are heartily in the Interest of the Protestant Succession, we may be sure they will be heartily our Friends, especially since their Barrier is so well secured. Whatsoever private Men may sometimes do, Nations never keep alive their Resentments, when once the Causes of the Disgust, real or imaginary, are removed. All the Tories, who are not Jacobites, will readily joyn with all that approve themselves to be Friends to Monarchy and Episcopacy, in order to secure the Nation against Popery. That we are spent by this long and expensive War is unquestionable. The Jacobites and Papists have not Strength to make any considerable Opposition, when once Steps are taken to secure these main Points. What the House of Bourbon will or will not do, as it must be left to Time, so Men will chearfully submit it into the Hands of the great Governor of the World. In short, it is in the Power of the British Parliament, humanly speaking, to secure us from those Evils, of which very many among us are as they think justly afraid. They are Britains, they are Protestants, they have abjured the Pretender, they have great Estates of their own, and they have a Posterity which are justly dear to them. They may be sure Her Majesty will gladly hearken to any Advices which they shall give Her for the Nation's Good; and they are called together to give Her such Advice. The Ministry likewise will for their own Sakes be ready to promote what the Parliament steadily adheres to, as knowing that whilst they pursue what is the real Interest of the Nation, they take the likeliest Course possible to continue to themselves that great Power which they have already got. Jan. 13. 172/3.

Politics

OBSERVATIONS UPON THE State of the Nation.

Observations upon the State of the Nation, in January 1712/13.

PolB1724

GENTLEMEN, LOndinensis some time ago treated of the Question relating to the negative Voice claimed by my Lord Mayor and Aldermen over the Common Council, and with some Success, as it seemeth: Vid. Letter to Mr. Tims. That Author, towards the Close of his Treatise, told us of the Purpose he then had of giving us his Thoughts at the same time upon the Elections of CommonCouncil-Men, Aldermen and Sheriffs of this City, in the like Manner as he there did of the Negative Voice of the Lord Mayor and Aldermen, but that he was hindred therefrom by the Reason there given; since that, we have heard nothing from him upon that Subject: I have therefore adventured to undertake to speak of these Elections my self, with the same Intention and Design with which Londinensis spoke of the Question above-mention'd, in order, as much as in me lies, to clear and satisfy the Controversies about these Elections, which at present disturb the Quiet of the City; and I crave Leave to do so, worthy Gentlemen, under Your Names, Patronage, and Protection, because that will procure for me a fair hearing from my Fellow-Citizens, and add some Weight and Authority to what I shall say; for, before whom can I more properly speak of the Controversies of the City, than before you two Great Officers of the City? And before whom must I speak of them with greater Caution and Impartiality than before the same Persons, who are equally attach'd to every Branch of the Constitution of the City? And whose Protection, for the same Reasons too, I must neither desire or expect in this Undertaking, but as I shall fairly and honestly endeavour to deserve it. The Election of Common-Council-Men, you know, is made in the Wardmote; the Wardmote is no other than a Court-Leet, held before the Alderman of the Ward, or his Deputy, at Times and Seasons accustomable. Every Inhabitant within the Ward (except Peers of the Realm, Ecclesiasticks, Women, and Children under the Age of Twelve) ought to appear and answer there. When he appears, he is bound to serve as Constable, Questman, Scavenger, or in other Quality as the Business of the Court requires. The Jury ought to present or indict Offenders. Offenders who break the Peace, or levy or suffer any common Nusance, and all other Offenders, accustomably presentable in a Court-Leet, I mean, in a City Court-Leet. For there is the very same Diversity observable betwixt a City Court-Leet and a Country Court-Leet, as betwixt a City Shower and a Country Shower, in the Tatler or Spectator: However, I need not repeat them to you in particular; they are so well known amongst us, from the Articles of this Court, annually printed and distributed in this City; I will but just mention Fornicators and Adulterers, which this Jury (above all others) may present at this Day; and hence it comes, that Women within the City may have an Action at Common Law for being charged with Incontinency, because of the Temporal Punishment they are liable to here for that Transgression. In other Places such Offenders are left wholly to the Spiritual Court. And the Reason of the Difference, as I apprehend, is in regard to the Youth, which are committed to the Citizens here, for their Education in honest Crafts and Trades, more than to others in any other Place beside. But to proceed, These Presentments are to be made by Indenture betwixt the Jury and the Steward; and the Offenders, thus presented, are to be punish'd as in other Leets, without any Traverse or Plea to be put in to the contrary. Offenders against Statute Law, as those Statutes direct. Offenders at Common Law, Particularly Brewers and Bakers, who break the Assize of Bread and Beer, with Pillory or Tumbrel. Scolds, with cucking Stool. Bawds (or lewd Women) are to be carted. Generally, all other Offenders are to be amercied by the Jury, which Amerciament may be levied by Distress, by Warrant from the Alderman, or by Action of Debt. I am very well aware, that now a-days the Mayor, in his Precept which he sends to the Alderman, to hold his Wardmote, directs, That the Inquest should return the Names of the Offenders, with their Additions and Places of Abode, that they may be prosecuted by due Course of Law: And that the Practice now is, when the Presentments are return'd to the Lord Mayor, in the Court of Aldermen, to bind some of the Jury over to appear, and prosecute the Offenders at the Sessions of the Peace; tho' this is but an Innovation, and can never be the antient Course or Institution, First, because these Court-Leets were far more antient than the Sessions of the Peace any-where, and more especially than those of this City; and therefore, what was found amiss by these Enquires, could never be referr'd to be redress'd, in a Court not then in being; Secondly, These Enquiries would be wholly useless and ridiculous, if the Jury, after they had presented the Offenders upon their Oaths, could not punish them themselves, but must, after all, turn Prosecutors against them elsewhere, in another Court; and there begin de novo; So much they might have done, surely, without such previous Enquiry or Trouble. Besides, we are taught by Liber Albus (compiled in the time of H.V.) in the Chapter intituled Wardmotum, or Modus tenendi Wardmotum , That one part of the Wardmote Indentures shall remain with the Ward, and the other with the Alderman, who shall deliver in the same to the Lord Mayor, in the Court of Aldermen; where, after an Extract made of what (if any) may appear proper for the Mayor and City to execute, it shall be delivered back again to the Alderman, to be by him put in Execution in all other Articles thereof; which plainly discovers what was the antient Course of this Court. And the reason why this antient Course came to be altered, was, as I presume, because Presentments in Court-Leets, as hath been said, are not traversable, but the Offenders must submit to their Punishments without more ado, unless they will remove them into the King's-Bench by Certiorari : But Presentments at Sessions are traversable, and the Party accused may be heard for his Defence; and therefore, the Jury in favour of the People, have, of later times, as they have been instructed, only made Enquiry of the Offenders, and have referred them to be proceeded against at the Sessions of the Peace, within their own City, where they may traverse their Indictments, if they think fit. Yet this does not alter the Original Nature of the Court, but it is what it was notwithstanding, at least, in Construction of Law. In this Court it is, that Elections of Common-Council-Men are made, though those Elections, strictly speaking, are no part of the Business of this Court. But when the Freemen of the City gave up their Folkmotes, and Common-Halls, where they used to transact the Business of the Corporation in Person, and were content to sit at Home, and send their Representatives from the several Wards to act for them in Common-Council in certain Cases, then, I presume, the Election of these Representatives came to be performed here, and with good reason; for where, or when could such Elections be supposed to be performed with more Conveniency and Satisfaction, than at the Time or Place, when, and where, not only the Freemen, (who however, ever did, and still do make up the more considerable Number there) but the whole People of the Ward were assembled together. Nevertheless the Election did not thereby become an Article of the Court-Leet, strictly speaking, wherein all the Inhabitants were promiscuously concerned, free or not free, but remained a separate Act of the Freemen only, by them performed there, openly, and before all the People, for the greater Ease and Solemnity. And this will further appear, if you observe, That a Wardmote taken as a Court-Leet, is a Collection of all the Inhabitants of the Ward (except before excepted) met together before their Alderman, as their Steward, to punish, or prevent Breaches of the Peace, and common Nusances, &c. But a Wardmote, considered for the purpose of an Election, is no other, than a Collection of the Freemen of the Ward met together before their Alderman, as such, to make an Election as Freemen. In the former Respect, the Business of the Wardmote concerns all the Inhabitants, as such, equally; but in the latter, it concerns only Freemen in that Capacity, and no other. Here, the Freemen do the Business of their Corporation before an Officer of the Corporation; There, the People do Justice to themselves before their Steward. Here, they perform their Suit and Service to the Crown as Subjects; There, they exercise a Privilege to them especially granted, as Members of a Corporation: And this Diversity and Distinction remains in Construction of Law, notwithstanding the promiscuous Assembly of Freemen, and Unfreemen together; and notwithstanding in common speaking we call each Assembly indifferently by the Name of a Wardmote. And for any thing I know, these Elections were first appointed in this Place from the Elections of Sheriffs, which anciently were, and the Elections of Coroners and Members of Parliament, which, to this day are made openly in the County-Courts, for the Reasons I just now mentioned. 2. Just. p. I 74 But these Elections of Sheriffs, &c. as often as there was occasion, were ever part of the Business of the County-Court from the Beginning; but our Elections were, in process of time, added to the Court-Leet, and therefore may with less Objection, be separated from it, or made without it, as the Election of Aldermen is made without it to this day, as I shall shew hereafter. And yet, after all this plain reasoning, as to me it seems, some Gentlemen are pleased to make a doubt, and gravely state it as a great difficulty in some others which follow hereafter in a late serious Performance, "Whether or no, the Unfreemen have not a right to vote in these Elections"? But without any reasonable Ground or Foundation that I can apprehend. But it is said, that the Unfreemen of the Ward are contributary to, or pay Scot, and bear their Lot in the City, and are bound and obliged by the Laws of the City; and therefore they ought to be concern'd, or to have some Share in the Government of the City, either by themselves, or their Representatives. First, You will hereafter find, that Aliens and Denizens were made contributary to the State of the City, and yet never therefore insisted to vote in our Elections. Secondly, the Unfreemen do indeed pay their Scot, and bear their Lot within the City, of the Publick Taxes and Offices of the Kingdom or Constitution, as Parish Taxes and Offices, Court-Leet Taxes and Offices, &c. just as they would be oblig'd to do, if they liv'd within any Court-Leet, in any Parish, in any County of the Kingdom; and for so doing, they have their Share in ordering of those Taxes and Offices; but they do not pay either Scot, or bear their Lot of the Taxes or Offices of the Corporation or City, properly speaking, or at least ought not so to do, as you may better observe hereafter. As to their being bound by the Laws of the City; if by the Laws of the City, they mean such Laws as the City makes by Virtue of the Franchises of Court-Leets, and other Franchises granted to them, it is good Reason they should be bound by them, as all other Inhabitants whatsoever are, indifferently and without Distinction: But if by the Laws of the City, they mean such By-Laws as the City makes, merely as a Corporation, without the Advantage of any other Franchise or Power, then they are no more bound by them, than all other Strangers whatsoever; and yet such are bound by them in certain Cases. The Acts of Common-Council are local Acts, and bind Strangers as well as Freemen, within the Liberty of the City, in certain Cases; and if from thence any Privilege of Voting is to be deriv'd, by the same Way of arguing which these Objectors set up, all the World ought to vote in these Elections, as well as the Unfreemen of the Ward; because whoever comes into the City must be bound by those Laws in certain Cases, as I said before. Besides, I cannot find, but by our Constitution all Principals ever send abroad Representatives from their own Body, and of the same Quality with themselves; as Citizens send to Parliament Citizens, Burgesses Burgesses, and Freeholders their Knights of the Shire, and Com-peers; for that Reason, an Unfreeman cannot send a Freeman to Common-Council, as I apprehend: You may as well say, that an Unfreeman may sit there himself; where none such can sit, or ever did sit, except you, Gentlemen, the Recorder and common Serjeant, and other Officers of the City; but you and they, you know, sit there as Officers, and by way of Assistance, as there may be Occasion, and not as Members, to debate and vote. It is farther urged, that the Unfreemen have ever voted at such Elections. If that was so, yet from the very Reason of the Case, I think it is a manifest Imposition, and that they ought to be excluded notwithstanding; mala Consuetudo est abolenda. But how does it appear, that the Unfreemen have always voted as is pretended? No where that I can find; on the contrary, I find in Lib. Alb. in the Chapter above cited, that the Beadle is directed to return to the Alderman, at the Court-Leet, two Lists of the Inhabitants of the Ward; one, of the Freemen by themselves, the other, of the Unfreemen by themselves; to the End, (as the Act of Common-Council herein after mentioned very well explains it) that the Alderman might distinguish which of the Inhabitants are free, and which of them are unfree, that among those only he may proceed to the Election of Common-Council Men, and when all of them meet together, he may proceed to the general Business of the Court. And the same Book in another Place says, "That the Mayor, upon a Vacancy of an Aldermanship, shall go to the Ward, and there by the Beadle shall summon all the Freemen of the Ward ( liberos inhabitantes Wardam ) before him, where they shall chuse an Alderman", or to that Effect, as shall be shewn more particularly hereafter: And why the Common-Council Men ought not also to be elected by the Freemen, exclusive of the Unfreemen, as well as the Alderman, I can see no Reason; for, the Aldermen themselves were annually elected by their respective Wards in antient Days, as well as the CommonCouncil Men; and though they are since establish'd for Life, yet their first Election is not thereby alter'd, but the same remains as it was before. I very readily believe, that the Unfreemen might, sometimes by Stealth, Inadvertency, Design, or through Ignorance, vote in these Elections, and that in Process of Time, they might do so more frequently than at first, prompted perhaps thereunto by one of the contending Parties or the other, as well as their own Inclinations, as all Mankind are but too apt to pursue their Ends against their Adversaries, without scrupling the Means; but this Practice of theirs no sooner became notorious, but Care was taken by Act of Common-Council to declare in whom (in particular) the Right of Election resided, and to enjoin such Measures to Persons concern'd in such Elections, as one would have thought wou'd effectually have prevented the like for the future: And this happen'd in the Year, 1692. in the Mayoralty of Sir Thomas Stamp, when it was declared by Act of Common-Council, "That it then was, and antiently had been the Right and Privilege of the Freemen of the said City only, being Housholders, paying Scot and bearing Lot, and of none other whatsoever, in their several and respective Wards, from Time to Time, as often as there had been, or should be Occasion to nominate Aldermen, and elect Common-Council Men for the same respective Wards. And, (the Act goes on and says) to the Intent and Purpose that due Care may be taken for the future, and all Persons for the Time to come may take Notice thereof, and proceed in such Elections accordingly, Be it Ordain'd", (conformably to the Directions before cited to you out of Lib. Alb. to this Purpose) "That at all and every Wardmote hereafter to be held, all and every the Beadle and Beadles of the respective Wards of this City, shall and do prepare, return, and deliver to the Aldermen of the several and respective Courts of Wardmote, or to such Person as shall be deputed or authorized to hold the same, one List, to the best of his or their Knowledge, of all and every the Freemen Housholders as aforesaid, dwelling or residing within the several Wards of which they are Beadles, and of no others, apart and by themselves; and also, one other List, to the best of his or their Knowledge, of all and every other Housholders within the said respective Wards only, apart and by themselves, to the Intent that such Freemen Housholders, within the respective Wards only, as often as there is or shall be Occasion, may nominate Aldermen, and elect their Common-Council Men; and they, together with the other Housholders of the said Wards, may chuse their Constables, Scavengers, Inquest and Beadles. And for the preventing all Errors and Mistakes touching the Premises for the future, and that this be duly put in Execution for the Time to come, Be it also enacted, that to all and every Precept and Precepts, hereafter to issue, and to be sent out for summoning any Wardmote or Wardmotes, this present Act be annexed and affixed; and that before any Nomination or Election (as aforesaid) be made at any of the aforesaid Court or Courts of Wardmote, the same shall be publickly and distinctly read, and declared to the Persons who then shall be and appear at such Court or Courts, and be duly put in Execution and observed." Whether or not this so plain and express Declaration and Injunction made by Common-Council has been since constantly and uniformly complied with, I dare not take upon me to say: You, Gentlemen, can best tell that. As for my Part, I am inclin'd to believe that it has not, but that some Gentlemen notwithstanding either admitted or not admitted Unfreemen to vote in their Wardmotes, as formerly. However, some there were (with Thanks to them be it spoken) who constantly adher'd to the Act of Common-Council, and rejected the Unfreemen; in which Number, Sir John Parsons in his Life-time was always one, whom I here remember particularly, not only for this his Instance of Respect to the City, but more especially for the publick and selfdenying Spirit which he shew'd towards her in his Mayoralty, the Benefit and Advantage whereof she enjoys to this Day. I very well know what is given out on behalf of those who since this Act have admitted the Unfreemen to vote in Elections (supposing that there were such who did admit them) viz. That an Act of Common-Council cannot take away the Votes of Unfreemen, and consequently such Act is utterly void and of no Effect for that Purpose; and I readily agree with them, that in case the Unfreemen have a good Right of voting, an Act of Common-Council cannot take it away from them: But this is begging the Question, and in all Questions, 'till they are fairly decided, give me Leave to say, one should reasonably expect that the Aldermen, above all others, should keep and maintain the Laws and Franchises of the City, after their Wit and Power. There are other Questions lately moved, which are likely yet more to embarrass and confound our Elections, which, however, have not as yet, that I hear of, been applied to the Election of Common-Council Men, how soon soever they may be, but to the Election of Aldermen only; and therefore I shall defer speaking of them 'till I come to those Elections. The Common-Council Men being elected and sworn before the Alderman, their Names are usually by him endors'd on the Back of the Wardmote Indentures, and therewith returned to the Lord Mayor, in the Court of Aldermen, the Head of the Common-Council, as well as of that Court; whence they are sent into the Town-clerk's Office, where Lists or Extracts are thereof made, and given to the proper Officer, who, by them, summoneth the Members to the Common-Council, as often as he receives his Orders. I find indeed some Returns of Common-Council Men made in the Body of the Indentures, together with the Officers properly belonging to the Leet: But that Mistake has arose from the late Form of my Lord Mayor's Precept for holding the Wardmote, where he recommends the Choice of CommonCouncil Men amongst other Articles of the Leet; but from the Beginning it was not so, as may be proved by the Articles of that Court enumerated in Lib. Alb. Fol. where the Choice of Common-Council Men is not to be found. In fine, for a Proof of what I have laid down about the Wardmote, and because, as I believe, it may appear new, at least to some, I will subjoin hereto the entire Article out of Lib. Alb. de modo tenendi Wardmotum, translated from the Original in Latin. See Appendix. As to the Election of Aldermen, the same Book before cited says, In eligendis Aldermannis consuevit Major ad Wardam accedere, quæ vacavit, & in loco, ubi solet Wardmotum illius Wardæ teneri coram se, si voluerit, convocari facere per Bedellum omnes liberos Inhabitantes Wardam prædict. & ibid. incontinenti, si voluerint & potuerint, vel per diem præfixum eligi debet Aldermannus per majorem & saniorem partem illorum , &c. In chusing Aldermen, the Mayor uses to go to the Ward which is vacant, and to cause all the Freemen inhabiting the said Ward to be summon'd before him by the Beadle, in the Place where the Wardmote of that Ward is usually held, if he thinks fit, and there ought the Alderman to be chosen by the greater and better Part of them, either immediately, if they (then) will and can, or on a Day prefixt, &c. Whence you may observe, that the Lord Mayor upon this Occasion does not summon the People of the Ward to a Court-Leet, but barely the Freemen, to meet to make their Election, and that there is no Pretence whatsoever to call this a Court-Leet, nor to make the Election of an Alderman the necessary Part of a Court-Leet: Nor indeed have we any more Reason to call the Election of Common-Council Men Part of the Business of a Court-Leet, except only that it is usually made for the Reasons I before mentioned, when and where the Court-Leet is holden; and yet I dare be confident, that the making of this Election in the Court-Leet, where all the Inhabitants are obliged to be present, as well Unfreemen as Freemen, has created all the Difficulties which have so much puzzled and confounded our Understandings thereabouts, which, however, I have here endeavoured to unravel and account for, as well as I am able. The Election being made, my Lord Mayor makes his Report of the Party elected to the Court of Aldermen, where he is sworn, and takes his Place amongst his Brethren. But before I leave his Head, I must first speak to the Questions I just now hinted at, to have been lately moved in the Election of an Alderman, I mean the Questions moved in the Election for an Alderman in the Ward of Breadstreet, in the Year, 1718. I shall not presume to look into the State of that Election; it has once before been put into a Course of Examination, which is now clos'd or relinquish'd, and I shall not go about Quieta movere: All I shall do, shall be to take thence the Questions which I just now made mention of, and to speak to them in the best Manner I can, without so much as remembring the Resolutions made thereon by the Court of Aldermen, or the Application that might be thereof made to the then present Case. The Questions are, First, Whether paying of Scot is a general Contribution to all publick Taxes, and other Charges, in and upon the City of London, and the Inhabitants thereof. Secondly, Whether paying to the Poor's Rate, or any one, or two, of such publick Taxes and Charges, and not to all, shall be deemed and adjudged paying of Scot? Thirdly, And generally, what shall be deemed paying of Scot? And here, before I proceed, I cannot but repine, that I had not the Opportunity of hearing the Debates of the Learned Gentlemen of the long Robe, who argued these Questions in the Court of Aldermen, whereby I might have formed and settled my Notions aright, touching the same; but I cannot so much as obtain any perfect Account of them, at least, not without more Enquiry than I think proper to make after them; for I dare say, neither of you Two, Gentlemen, would have endured to have been asked for any Account of what pass'd in the Court of Aldermen, especially in private Debate there; nevertheless I will proceed by myself as well as I can. To begin with the last first, which, as I apprehend, ought more properly to precede than follow the other two. First, What shall be deemed paying Scot in general? Scot is no more nor no less than Shot, which is a Word still in use in many Places in the Kingdom, and signifies a single Part, Share, Quota, or Proportion of an Integral Summ, or Summ Total; to pay Scot therefore, literally speaking, is to pay our Part, Share or Proportion to the Integral Summ or Summ Total, and consequently Scot will be as various as are the Integral Summs themselves. The Integral Summs which are for our Purpose are such as are assessable and leviable. At Common Law; such as the Rates for the Church, antiently and to this Day, assessable by the Church-Wardens and Parishioners of every Parish. The small petty Rates and Sesses in Court-Leets. Be they City Court-Leets, In the City at large, In the several Wards thereof, as Rates for Scavengers, Watch, for Lights, &c. Be they Country Court-Leets. As Rates for repairing Highways, Causways, or Bridges, &c. But in Truth, these are not Rates or Sesses (properly speaking) but Commutations by general Consent for personal Services, or for what every Inhabitant is otherwise obliged to do and perform; as the Rate for the Watch is to hire Watchmen in the Room of our selves, the Rate for Lights, to hire Lamps instead of Lanthorns, which we are obliged to hang out, &c. and therefore to be ranked with Lots rather than Scots. By Charters; such as were the Summs assessed and levied by a Corporation, under their Charter, upon every Member thereof, for the Support and Maintenance of the State and Dignity of the same Corporation, usually called Tallages in antient Charters. Such Tallages antiently were frequent, and ran very high, higher by far than the Law at this Day will allow them, which has sunk them down to Quarteridges, necessary Fees to Officers, and small Mulcts for Transgressions; and they were sometimes leviable, as far as Charters could make them so, upon Aliens and Denizens, as well as Members of the Corporation. The first Charter of Edward IV. grants to this City, "That from thenceforth all and singular Merchants, as well Denizens as Aliens, abiding within the City, and the Liberties and Suburbs of the same, and exercising Merchandizing or Occupations there, by any Means, by themselves or others, tho' they be not of the Liberty of the City, shall be Partakers, shall be taxed and contribute, according to their Faculties, in Subsidies, Tallages, Grants, and other Contributions whatsoever, by any Means to be assessed for the Need of us or our Heirs, or of the City, for the Maintenance of the State and Profit of the same, with the Citizens of the same City, with a Salvo to the Liberties of the Merchants of Almain . The 21 Hen. VIII. c. 16. [sect]. 15. directs, "That all Strangers, Artificers, and Denizens, dwelling in any City or Town within this Realm, shall bear, pay and sustain Scot, Taxes, Tallages, Subsidies, Prests, and all other reasonable Exactions from time to time, as the Masters, Wardens, and Companies of their respective Crafts for the time being, shall be bound to pay, bear and sustain, when any Subsidy, Tax, Tallage or Prest, or other reasonable Charges, shall by the Mayor and Aldermen of our City of London, and the Mayors and Aldermen of our said other Cities and Towns, or by the Common-Council of the said City, Cities, and Towns, of and for any Charges of Payments of Money, to be paid by the Companies of the said Crafts, Citizens of any City, for any Payment to be made to the King's Highness or his Heirs, or else to be paid for any Cause concerning the Common-wealth of any of our said Cities or Towns, or Common-wealth of the said Artificers, and said Strangers shall pay all the same that they shall be assess'd or taxed to pay as Contributories with the said Companies, being our Subjects, as our said Subjects shall be assessed and taxed to pay: And if any of them shall deny or refuse the same, or any Part thereof, then he or they denying or refusing so to do, shall not only lose the Benefit of the Decree in that Act mentioned, but shall not any longer occupy any Handicraft, &c. or to that Effect. But these Tallages or Taxes are now curtail'd, as I said before; nor in Truth, is there any such Need of them as formerly there was, since most Corporations have at last gained good Estates to support themselves withal, either by Purchases or Gifts. The last of these Tallages that I find assessed in this City, was in the Year, 1681, in the Mayoralty of Sir William Pritchard, and consisted of four Fifteenth, at 500l. each, for Repairs of the Conduits, publick Stairs or landing Places, and other publick Works of the City; but by that Time of Day the Reputation of Corporation Power for such Purposes was very much declined, and the City becoming more and more obnoxious about that Time, not much of it, I believe, was ever collected, and none hath been assessed ever since, that I hear of; and to speak freely, I doubt it would be too Parliament-like for us to attempt to make Assessments of this Kind. This Tax, I must own, was assessed upon the Inhabitants promiscuously, free and unfree; and I believe, the former Taxes of the like Kind may be found to have been so assessed too: But this must have been done, as I conceive, under Pretence of the Jurisdiction of the Court-Leet, or other Powers claimed by the City from antient Grants, Usage or Custom; for I cannot comprehend how a Corporation, as such, can bind or oblige any but their own Members, except in small-minute Instances, nothing comparable to the Instance before us; as to cause all Strangers to bring their Cloth to Blackwell Hall, as to a publick Mart, to be sold under a small Penalty, &c. And I do not know, but this might be one Reason why in these latter Times the Corporations or Companies chuse to surcease such Assessments, and to confine themselves wholly to small Quarteridges or Fees, &c. which, you know, confessedly fall upon Members and none else, except some small Pains in certain By-Laws, in certain Cases, as hath been said before. By Statutes, For Publick Service, Land Tax, Window Tax, and Tax for Trophy Money, &c. for the other Part thereof which concerns fitting out of Soldiers must be ranked amongst the Lots, for the Reasons I just now mentioned, and not amongst Taxes or Scots strictly so called. For more private Use. In this City especially, the Orphans Tax, Rates for Scavengers, Repairs of Sewers, &c. For these are now with us become Parliamentary. In every Parish, Rates for the Poor, 43. Eliz. c. 2. And of these Taxes, Tallages, or Rates you observe, Some are assessed amongst the Persons themselves, from whom they are to be collected, as Rates for the Church and Poor, Sesses in Court-Leets, &c. Others again by special Commissioners, under divers Acts of Parliament, with or without the Help of other Assessors. With Assessors, Inhabitants of the Place where they are to be collected, as the Land-Tax throughout the Kingdom, by the Inhabitants of the Town or Parish whence it is collected. Orphans Tax, and Rates for Scavengers and Sewers, with us, with the Help of the Deputy and CommonCouncil Men. Without other Assessors, as the Trophy Money, by Lieutenants or Deputy Lieutenants, without more; Corporation Tallages, by such as they do empower for that Purpose. Again, these Taxes, Rates or Sesses, Some of them are originally assessed upon Countries or Cities respectively, and thence subdivided and charged upon lesser Districts. In Countries, they are subassessed upon Townships, Parishes or Hamlets. In Cities, upon Wards and Precincts, as with us. Some, by way of Companies or Fraternities, and not by way of District, as hath been the way with us, sometimes in certain Cases. Some are originally charged upon Wards, and thence upon the several Inhabitants. Some are originally Parochial, as Sesses for the Church or Poor, and Some are transitory, as I may call them, as Corporation Tallages, which follow Freemen only. Some of them belong to the Tenants or Occupiers, as Rates to Church or Poor, &c. And others to the Landlords only, though paid by the Tenant, as the Land-Tax, and Tax for the Militia, &c. at least some Part thereof respectively. The Use of all this you will see immediately; at present I shall only add, that such as are the various Taxes, Tallages, Rates and Sesses, such are the various Scots, for all Taxes are made up by several Scots or Proportions thereof, paid by such as are scotable thereto. I come to the other two Questions, which I shall consider together; for, as to me they seem, they are one and the same, the latter being only an Explanation, or an Exemplification of the former, viz. Whether paying of Scot is a general Contribution to all publick Taxes and other Charges in and upon the City of London, and the Inhabitants thereof; as for Instance, (for so I crave Leave to join the Questions) whether paying to the Poor's Rate, or any one or two of such Publick Taxes and Charges, and not to all, shall be deemed and adjudged paying Scot, (and I crave Leave to add farther) so as to entitle the Person so paying to a Vote in the Election of an Alderman, &c. in this City, where the Charter is supposed to appoint, that every Voter in such Case must be a Housholder, paying Scot, &c. for that is the sole Drift of the Question. In these Questions it is presumed and taken for granted, that the Act of Common-Council has justly declared, "That it is the Right of the Freemen of the City only, being Housholders, paying Scot and bearing Lot, and of no other whatsoever, in their several Wards, to nominate and elect their Aldermen and Common-Council Men". And I find that by the general Opinion Scot and Lot is applied to Scot and Lot within the City generally, and not confined to Scot and Lot, (videlicet) the Tallages or Offices of or in the City or Corporation, strictly speaking, as some Authorities seem to countenance, and perhaps not without some Shew of Reason; for who would suspect that paying Scot and bearing Lot in a Parish or Court-Leet, within a City or Corporation, should be required to qualify a Freeman of a Corporation to vote in the Elections of Corporation Officers, any more than the paying Scot and bearing Lot in the Mercers Company (that is, paying to the Tallages, and bearing the Offices of that Corporation) should be required to qualify a Member of the Skinners Company to vote in the Election of Officers in that Company, (there being as great Difference betwixt Parishes and CourtLeets and Corporations, as betwixt Company and Company?) But I can easily conceive why paying Scot and bearing Lot in a Corporation or Company should be required to qualify a Member of that Corporation or Company to vote in the Elections of that Company or Corporation; but this by-the-bye. I shall go on with the general Opinion, as being the best and safest Way. This said, I hold that paying to any one of these Publick Taxes or Sesses, especially such an one as is assessed by the Inhabitants on their Neighbours, (be it a publick Tax, or Royal Aid Ward-Tax, or Parish-Tax) does qualify a Freeman to vote so far as that Article requires; but we must remember that a complete Voter must also be bearing Lot as well as paying Scot; and then we have the Question entire before us. You observe that the Act says, paying Scot, not Scots; bearing Lot, not bearing Lots, in the Plural Number. To bear Lot, is by all understood without Controversy to signify, to bear the Offices of the Place, as they shall fall to one's Lot or Turn; and yet no-body, that I hear of, contends that before a Freeman shall be capable to vote, he must have born all the Offices of the Parish, Ward, and City: And if so, why should you require him to pay all Scots, any more than to bear all Lots, before you will deem him capable to vote; since both Qualifications are equally required, and by one and the same Phrase, or Manner of Expression, (videlicet) That he shall be a Housholder paying Scot and bearing Lot, not one who hath paid all or every Scot, or born all or every Lot? In short, whatever Housholder has been scotted, and hath paid his Scot, or hath been called to his Lot, and hath born it or is bearing of it, he is, ipso facto, entered or enlisted amongst the able and sufficient Housekeepers, and that by their own free Judgment or Choice; his is by them pronounced to be Homo idoneus, probus, & legalis Homo , i.e. A fit and able Person; and thenceforward he may properly be called a Contributor, or an Auxiliar to the State of the City; he has entered upon Duty or Service, and is paying his Scot and bearing Lot; he is in Scotto & Lotto (as the old Books describe him) and therefore shall be entituled to the Privilege consequent thereupon; for why shall it not thenceforth be supposed, that he shall be scotted to and pay one Scot as well as another, and bear one Office as well as another? But if when he is scotted or called to his Lot, he excuses himself therefrom, or if after he hath been scotted to one Scot, or born one Lot, he is excused from Inability from any other Scot or Lot, then he can no longer be said to pay his Scot and bear his Lot, and consequently must not expect to enjoy his Privilege any longer; but in the mean time, and 'till this appears, surely I should think he ought not to be debarr'd therefrom: Farther also, if he be scotted to one Scot, and pays that, but happens afterwards not to be scotted to another, but without any Imputation of Inability, but through Neglect, Inadvertency, or Design of others, I think in that Case he ought not therefore to be excluded from his Privilege. If you say that it will be difficult to discern, when he is omitted to be scotted from Inability, when by Neglect, &c. I know no better Rule to judge by in this Case, than in Thousands of Cases of the like Nature, (videlicet) by the Circumstances thereof; if the Person be of visible Ability, has made no Application either by himself or Friends to be excused, I think the Omission Omision ought to be judged a Neglect, &c. So, on the other side, if he has made Application by himself or Friends to be excused, and is not of visible Ability, the Omission may be fairly construed to proceed from Inability: But if you will still go on to put more Objections with less distinguishable Circumstances, I answer them all at once, we must judge as well as we can upon the Circumstances of the Case. What I have here laid down is, as I apprehend, well warranted by the Reasonings and Practice of those on the other Side of the Question. If a Freeman has paid all Scots they admit him to vote, as I am inform'd, though he has born no Lot at-all; I presume for the Reasons just now mentioned, (viz.) If he has paid Scot, why should he not be supposed to be able to bear Lot when it comes to his Turn? and that's enough. And so say I, if he has born Lot, why shall he not be presumed to be able to pay Scot when he shall be scotted thereto? And if he has paid one Scot, why shall he not pay another? It must be confess'd, both of us have baulked the Words of the Text, which is paying Scot, and bearing Lot, uno statu ; but if Construction helps in one Case, why not in the other, and the rather in our Case than in theirs; for that we incline to assist the Freemen in the Use of their Privileges, they endeavour to cramp them in the Exercise thereof; we are in favour of common Right, they against it. I know a great many curious Questions may be put under this Head, and perhaps with Difficulty enough; but the like and greater may be put upon their Hypothesis, and we hope our Hypothesis will appear as reasonable as theirs, and will be attended with fewer Difficulties than theirs, as will be seen hereafter. What we have laid down is conformable also, as I apprehend, to the Sense of diverse Acts of Parliament. First, The 21 H. 8. c. 16. [sect]. 15. before cited, which puts Strangers or Denizens, Artificers, upon the Level with Natives, in point of Charge or Scots, says, That the said Strangers shall pay all the same (scilicet, Scots, Taxes, Tallages, &c. there spoke of before) that they shall be assessed or taxed to pay; but surely they shall not lose the Benefit of that Act for not paying what they were not assessed or taxed to pay, without any Defect or Default in them. By H. Pl. Cr. p. 97. it is directed, that in Case of Felony there shall be Bail given, two at least, in Respect of their Number, and in Respect of their Ability, two Subsidy-Men, scilicet, such as paid to the last Subsidy (which was a royal Aid granted to the Crown by that Name, upon the personal Estate of the Subject) without further Payments. By the 3 and 4, W. and M. c. 11. touching the Laws of Settlements, it is enacted, That if any Person shall come to inhabit in any Parish, and shall there execute any publick, annual Office, or shall be charged with, and pay his Share towards the publick Taxes or Levies of such Parish, he shall thereby without more be adjudged to have a legal Settlement: if he executes any one single annual Office, or pays his Scot to any one of the publick Taxes, tho' to no more; and tho' the Words in the Statute are, shall pay his Share to the publick Taxes or Levies, which is stronger by far than our Case, yet shall he be irretrievably settled in that Parish, a fortiori, shall an Inhabitant in the like Case be entituled to the Benefit of the Privilege we are speaking of, by bearing a single Lot, or paying a single Scot? By 7 W. 3 c. 18. for laying Duties upon Houses, [sect]. 29. it is directed, That such Houses, where the Occupiers, by reasons of Poverty, are exempted from the Taxes to Church and Poor, shall be excepted out of that Act, thereby making the Payment or Non-Payment to those two Taxes a sufficient Test of the Ability or Non-Ability of the Inhabitants without more. What I would infer from all this, is, that the Law stating the Sufficiency, Ability or Qualification of the Subject, for certain Purposes in certain Cases, states it from the Payment of one single Scot, or the bearing of one single Lot, as I have before laid down in the Case before us. Hereto I might add, that it has been the constant Usage of the City, for above these hundred Years, as I am informed, to admit all Freemen to vote in the Elections here before us, who had paid to the Church and Poor (which in Fact are but one and the same Scot in the City, and are assessed together) without more till very lately. I must confess, that I do not find, that the City ever allowed a Freeman to vote upon bearing Lot only, without paying to the Church and Poor: But I believe that that Case seldom or never happened; neither is it likely to happen, because the Inhabitants in common Practice never bring a Stranger into Offices till he has lived some time amongst them, by which time they have determined of his Sufficiency or Insufficiency in their Taxes or Sesses: However you observe what the Act of Common Council declares, and what Construction I have endeavoured to put thereupon, which I submit to you; and I was willing to draw this Case forth into Light, least it might be kept locked as a Fountain of fresh Difficulties and Questions, to be hereafter unlocked, as Occasion may require. Having now done with my own Hypothesis, I proceed to examine theirs on the other side. They maintain, that paying Scot is a general Contribution to all publick Taxes, and other Charges in and upon the City, and the Inhabitants thereof; and consequently, no Freeman can be admitted to vote within this Article or particular Qualification before he has paid his Scot or Contribution to all the public Taxes and Charges, &c. From what Authorities they maintain this, I know not; not ex vi vocis, or from the Words of the Text, for that is paying Scot only. I am as much at a Loss to know how they reconcile this Tenet of theirs under this Article, to their Practice, under the other Article or Qualification, that of bearing Lot; when, as hath been said before, they admit a Freeman to vote before he has born any Lot at all; however, long before he has born all Lots. I know it may be said, that all Freemen cannot bear all Lots, there will not be room for them; neither say I, can Freemen reasonably pay Scots they are not scotted to, and therefore they cannot escape this way. I will produce all the Authorities which make for them that I can find, for I am endeavouring, as much as in me lies, to satisfie the Questions, not to confound or perplex them. The antient Form of the Oath which a Freeman takes at his Admission, runs, "That you shall be contributary to all manner of Charges within this City, as Summonses, Watches, Contributions, Taxes, Tallages, Lot, Scot, and all other Charges, bearing your Part as a Freeman ought to do. Per 7. Chr. H. 1. Tested 8 July, Anno Reg. 12. It is (amongst other Things) directed, Quod omnes & singuli in libertate Civitatis prædict. existentes, & libertatibus & liberis Consuetudinibus ejusdem Civitatis gaudere volentes, sint in Lotto & Scotto, & participes omnium Onerum pro statu Civitatis ejusdem & pro libertate ejusdem manutenend. juxta Sacramentum quod fecerunt quando ad libertatem illam admissi fuerunt; & qui hoc noluerit, libertatem ejusdem Civitatis amittat; & quod omnes & singuli de libertate Civitatis illius existentes, & extra eandem Civitat. manentes, ac per se vel suos Merchandizas suas infra dictam Civitatem exercentes, sint in Lotto & Scotto cum Communiariis ejusdem Civitatis pro Merchandizis suis prædictis, vel aliter à libertate sua amoveantur. "That all and every Person or Persons who are free of the said City, and who are minded to enjoy the Privileges and free Customs of the same City, shall be in Scot and Lot, and be Partakers of all Burthens for the Maintenance of the State of the same City and the Liberty of the same, according to the Oath which they gave when they were admitted into their Freedom; and those who shall refuse so to do, shall lose the Freedom of the City; and that all and every Person or Persons who are free of the City, and abide without the City, and by themselves or Servants exercise Merchandize within the City, shall be in Lot and Scot with the Commoners of the same City, for their Merchandize aforesaid, or otherwise they shall lose their Freedom. In Lib. Alb. Papyr. (in the Chamberlain's Office) Anno Regni Edw. filii Edw. 15 it is entered, that one Nich. le Vieille Mercator de Amydas , was admitted and sworn Freeman of the City in the Hustings of Pleas of Land, die Lunæ prox. post Fest. Sancti Gregorii Papæ , before the Mayor, Aldermen, & Communitate there; and the Entry in the Close thereof says, Et hæc Libertas ei valeat dum infra Libertatem morari vult & ad Scottum & Lottum inter aliaos Con-Cives, aliter pro Extraneo reputetur & habeatur . Let his Freedom avail him so long as he abides within the Liberty of the City, and is in Scot and Lot with the rest of his Fellow-Citizens (for such must be the Sense, tho' the Words are only to be conjectured at in this Place) otherwise let him be deemed and held for a Foreigner. In the same Book there is another Entry, setting forth, that in the Court of Hustings of Pleas of Land, held die Lunæ prox. post Sancti Johannis ante Portam Latinam, Anno Regni Regis Edw. filii Edw. 16. a Letter was read from his Majesty under the Privy Seal, directed to the Mayor and Aldermen, requiring them to admit one Anthony Citron, Merchant, into the Freedom of the City, and to excuse him from Tallages and Contributions for two Years to come; to which Letter, says the Entry, no Answer was returned. Some Time after, in the same Hustings, scilicet die Lunæ prox. post Festum Sancti Augustini Anno prædicto , comes the same Anthony, (says the Entry) and brought another Letter from his Majesty under the Privy Seal again, requiring them to admit the same Anthony into the Liberty of the City, according to the Tenor of his former Letter; whereupon Anthony Citron was admitted and sworn; and the Entry goes on and says, that the said Anthony renounced the Benefit of Part of his Majesty's Request, and agreed thenceforward to become contributary ad omnia Onera Civitat. tangent. to all Burthens touching the City. I need not give a particular Answer to every one of these Authorities; they all tend to prove that the Freemen shall be in Scot and Lot, and be contributary to the Maintenance of the State of the City, upon Pain of having their Freedom taken from them. And very likely there may be found in the Outer Court Informations of Disfranchisements of Freemen for refusing to pay their Scot and bear their Lot, if it was well searched. But it can by no Means, as I humbly conceive, be concluded from these Authorities, (and I neither have, nor hear of any better) that a Freeman before he votes, must pay all Scots, any more than he must bear all Lots: The utmost that these Authorities require (how far soever extended) is that a Freeman ought to pay the Scots which he shall from Time to Time be scotted to, and bear his Lots as they shall come to his Turn, for fear of Loss of his Freedom, or what is worse; within the Meaning of these Authorities, it is enough for him to do his Duty of all Kinds when it comes home to him; he is not required to go out to meet it, or to anticipate it before his Time; and in truth, these Authorities do rather clear and enforce what I have advanced, than than than contradict or weaken it. But let us consider the Consequences of this new Doctrine of theirs. Suppose then that a Freeman has paid all Taxes and Charges of the City, and continues of the same Ability as before, for any thing that appears to the contrary, but hath not paid to the Orphans Tax, because he was not assessed thereto, nor was the same demanded of him; shall he therefore not be admitted to vote? No, he shall not, for paying of Scot is a general Contribution to all Taxes and Charges, &c. without Exception. What, when he was not assessed or scotted thereto? No matter for that, he must bring himself within the Qualification at his Peril, and that you know is to contribute to all Taxes and Charges, &c. But there are many Taxes and Charges mentioned before, as Sesses for Church and Poor, the Subsidy Part of the Land Tax, Window Tax, Trophy Tax, Tax for repair of Sewers; and the Number is still increased by those who call the Commutations for Watching, and the Duty of Scavengers, Taxes; and so may they call the Payment to Lamps by the same reason; must every Freeman contribute to every one of these Taxes or Sesses before he shall be admitted to vote, whether he be called upon for them or no? Yes, this is his Qualification, and he must make it good before he can vote. Suppose the Sess be too small reasonably to admit of so many Divisions as there are Freemen, Housekeepers; or suppose the Assessors, through Kindness neglect, or for a worse Reason (be they the Deputy and Common-Council Men, or other Assessors, or the Lieutenancy themselves) should omit to assess a Freeman Housekeeper to any of their Assessments or Taxes, without any Application from him, or without his Privity; or suppose the Collectors should omit or defer to make a Demand for any of these Taxes; must the Freeman lose his Right to vote for that reason, though he was ready to have paid this as well as all the rest, if it had been demanded? If they will be true to their own Principles, he must lose his Vote and cannot be admitted, for he must make out his own Qualification at his Peril. At this rate the Freeman's Right of voting is most precarious, it lies purely at the Good-will and Pleasure of the Commissioners, Assessors and Collectors severally, and they may debar him of it whenever they or any of them pleases; and that will be as often as he shall be presumed to be resolved to vote against them: Surely this Doctrine is as strange as it is new. For an Answer to these Questions, I have heard, that it has been said, that a Freeman to preserve his Vote, must go to the Commissioners and Assessors and demand to be scotted, and such Demand will avail him as much as if he had been scotted: But must not he also go to the Assessors and make tender of a competent Scot, before he has sufficiently secured his Vote? I presume he must; for he must not only be scotted to, but must pay all Scots, for to pay all Scots without being scotted to them, or to be scotted to them and not to pay them all, is equally deficient. This is an Errand the Citizens, I dare say, were never sent on before: If this Doctrine did but once sufficiently prevail, it would save a great deal of Labour and Pains both to the Assessors and Collectors; for twice every Year at least, when the Assessments are settled and to be collected, we should have all the City in an Uproar, especially upon the Prospect of an Election, running to and fro as in the late Swearing time, to be satisfied whether or no, they they they they were assessed or no, and to tender their Assessments; a very notable Hint indeed how to get in the Sesses, which may be improved upon hereafter to great Advantage. But to go on: 1. This voluntary Demand and Offer will do the Freemen no Service at all in this Case, as I apprehend; for, it is the Judgment the Neighbourhood passes upon his Sufficiency by scotting and lotting him, and his Acquiescence under that Judgment without farther Appeal, that must avail him in this Case, and not his voluntary Demand or Offer: So it is in the Case of a Settlement; it is his being scotted or lotted in a Parish, and his paying that Scot and bearing that Lot, that creates an Inhabitant a Settlement, which is not be gained by a voluntary Demand or Offer on his Part. 2. How shall the Freeman know who are the Assessors or Collectors, or when they will set about to assess or collect? For since it so much concerns him to watch them, and there are so many of them, and they all act separately, he had need have ready Means to come at the Knowledge of these Particulars. I know that a Freeman, who is or ought to be present at a Corporate Assembly by himself or his Representatives, is obliged to take notice at his Peril of what concerns him in that Assembly, and so perhaps is a Parishioner obliged to take Notice of Assessments to the Church made at a regular Vestry, whereat he is or ought to be present; but here he has no Share any way in appointing Assessors or Collectors, or in fixing or settling their several Times or Seasons of acting, except in the Assessments last mentioned, and consequently cannot be obliged to take Notice of them or their Proceedings before they come home to him; and to build a Freeman's Right of Voting upon such a Foundation, is to build it upon a very sandy one. I will therefore conclude, that to pay to any one of these publick Taxes or Sesses, and not to more, under the Limitations I before laid down, does sufficiently entitle a Freeman to vote in these Elections; and for that Conclusion, I think I have, in all candid Construction, the Practice of the Presidents themselves of these Elections on my side, who, as I am informed, generally if not always, 'till lately, admitted a Freeman to vote who had paid to the Church and Poor, without more; and that you know, as I said before, is in Fact, and as it is generally levied within the City, but one and the same; but it is assessed by the Generality of the Inhabitants, and not by a few Assessors, as the other Payments usually are; and in that Respect is justly preferred for a Rule above others: And indeed I cannot but wonder how this so reasonable and current a Practice and Usage came to be so easily over-turned, without any Resolution or Authority at Law whatsoever. But you may justly observe (and I doubt not but you have done so often by this time) what avail my Sentiments in these Questions? Do I expect that the City will be governed by them? Far be it from me to conceit any such thing; if either of you two Ingenious Gentlemen would openly declare your Opinion in these Questions, no less than what is suggested might reasonably be expected to ensue thereupon, but not upon the Opinion of a private Person. However, I have stated these Questions candidly and fairly to the best of my Apprehension, and have given you my best Reasonings thereupon, I hope without giving Offence to any one. Whoever conceives differently of them, let him say so with all my Heart, let him be with me or against me, I shall look upon him to co-operate with me to the same good End; by this means at least both Sides will see more clearly to provide against a fair Tryal at Law; which, in my Opinion, will more effectually settle these Questions than any other Method whatsoever; for, as the good and wise St. Germen says, B. 2. c. 38. fo. 138. Upon a Case alike complicated as this is, if any Statute was made therein, (says he) I think verily more Doubts and Questions would arise upon that Statute, than doth now when they be only argued and judged after the Common Law. We come to the Election of Sheriffs. This Election is made in a Common Hall every Midsummer-Day; the Common Hall is summoned by my Lord Mayor, but held and adjourned from time to time as there may be Occasion, by the Sheriffs 'till the Election is ended; the Election being ended (be it by View, Poll, or Scrutiny) the same is by the Sheriffs declared to the Common Hall, and thence by them reported to my Lord Mayor, who comes and repeats the Report to the Common Hall, and then dissolves the Assembly. The Persons elected are obliged under Pain and Peril that will ensue thereon, to enter into a Bond to appear on the Hustings, on the Eve of St. Michael, and then and there to take upon them the Office of Sheriffs: To save their Bond they appear accordingly, and take their Oath of Office before my Lord Mayor, and so enter upon Duty. Here I do not find any Dispute at present about the Qualifications of the Electors in this Election. It is by all agreed, that the Right of Election rests with the good Men of the Livery of the several Companies of this City: The only Complaint is, and that a very just one, That some wicked People personate the Livery-Men, and Poll for the Absent, the Dead, or for such as do not Poll at-all; and Poll for all these twice over or oftner, &c. and this cannot be denied: However, I am ready to acquit all the Citizens of any Rank or Condition (of what Denomination soever) from assisting in such Contrivances; who, I am confident, do all of them abominate them, and none of them more than the worthy Gentleman, in whose Favour it must be confess'd many of this Crew polled in a late contested Election amongst us, more than on the other side; and must lay it upon the lowest of the People, who so long as they do but manifest their blind Zeal for the Candidate they affect, do not (as they ought to do) consider his Credit, for as for their own they certainly have none to risque. But I have often heard it said, That all this may be prevented by an Act of Common-Council to poll the Livery-Men in such Elections by their several Companies, in the Presence of their Master, Wardens, Clerk and Beadle, some one or other of whom cannot but know all their own members, and distinguish them from Strangers: And I believe such Act, made to regulate populous Elections, to preserve Order, and to prevent Abuses, settled by proper Advice, may be good and binding. But of this, and the Partition of Power betwixt my Lord Mayor and Sheriffs in this Election, more hereafter, as there may be Occasion. From the Qualifications of the Electors I should now go on to consider the Power of the several Officers who preside in these Elections; and, First, Of the Use and Abuse of that Power; and under this Head I designed to have drawn a faithful Comparison betwixt the Behaviour of the late Sheriffs, so often spoken of, in the Election of their Successors, and the current Practice for some time settled and established in the Wardmotes, in the Elections there; and should have left it to you, to have judged whether this is not as bad as that, and was not in Truth the Precedent and Encouragement for it. Secondly, The several Remedies to the Parties injured upon the Abuse of that Power, and of the Difficulties which clogg or incumber those Remedies. In the Third Place, I should have bestowed some Thoughts how we might for the future prevent the Inconveniencies and Mischiefs observable in our Elections; with a Corollary or Conclusion from the whole, shewing who ought reasonably to be esteemed the Patrons of the City, and of the Liberties and Privileges thereof, and who not; but to do all this would extend my Letter beyond all Measure, and would quite tire out your Patience; of these several particulars therefore the next Opportunity, if some Gentleman does not in the mean time relieve me, as I have done Londinensis: So here at present concludes the Essay of, GENTLEMEN, Your Humble Servant, John Trueman . Kingstreet, October 20th, 1724.

Politics

An examination and resolution of the two questions following, viz. First, Whether Unfreemen can Vote in our Wardmote Elections. Secondly, Whether Freemen paying to one or more Scots, and not to all, shall be qualified to Vote in those Elections

PolB1730

I Am not ignorant of the unequal Terms, upon which he enters the Lists in a Paper-War, who draws his Pen on the Defensive Side; those, who engage the Malice of Mankind to their Party, will generally, I fear, lead more numerous Troops, and find much better Encouragement than those, who sollicit their good Nature, or appeal to their Justice. For, as most Men have Passions, whilst few are blessed with Understandings; and that there are many more, who are ready to sneer, than are capable to judge, or willing to acquit; so the Glare of a declamatory Invective, tho' never so ill founded, will dazzle much greater Numbers, than the clearest Reasoning, and most conclusive Arguments will ever enlighten. But notwithstanding the Disadvantages, which from the Imperfection of human Kind, they sometimes labour under, who undertake the juster Cause; as I flatter my self, that on some Occasions, the Honesty of our Minds may recoil against this Propensity to Satyr, and that what is too general, is not universal; since I imagine there are Cases, where People may be more shock'd at the Morals of a Satyrist, than pleased with his Wit, and will not suffer the Depravity of their Natures to be flattered at the Expence of their Principles; I shall not be deter'd, by the Discouragements I have enumerated, nor the Fear of incurring that Ridicule, which often attends being serious, from entring into a short Examination of the original Design, Progress, and Effects, of the Writings of the Craftsman, who seems of late, under the Shelter of the Law, and an Affectation of telling bold Truths, to have usurped a Right of circulating guarded Treasons, and weekly Falshoods, throughout the whole Kingdom. He has, by a Sort of Papal Authority, taken upon him to cite, expound and comment upon our English History, as dogmatically, as unfairly, and often as ignorantly, as his Holiness himself ever did on the Scriptures; he perverts Characters and Meanings, as the other does Texts and Doctrines, and like him, when he does not find the Originals apposite to his Purpose, his Invention supplies his Learning, and he makes them so. But unless he could contrive, that the Reading of our Historians should be prohibited to his Followers, as that of the Gospel is to the Pope's, his Frauds may chance to be detected, the Sect of Jansenists to his Doctrine encrease, and Mr. Danvers's Bulls not received with that implicit Faith, and blind Submission, which is paid to those of Rome. To point out the Rancour, the Acrimony, and Virulence with which all his Productions are fraught, would be an unnecessary, and tedious Task; it would be tedious, as every Paper, and almost every Paragraph, he has written, might be quoted as so many accumulated Proofs; and it would be unnecessary, because such Proofs, tho' they would cast a Reflection upon him, would not wipe off those he has endeavoured to cast upon others. For as the Brutality of an Executioner does not prove the Innocence of him who suffers; so it is possible for a Criminal to deserve his Punishment, tho' one abhors the Hand that seems to take a Pleasure in inflicting it. My Design therefore is, to shew the Falshood of these Authors Indictments, and the Unfairness of their Prosecutions; to consider the Allegations, without entering into the Characters of those who advance them, and without expatiating on the trite Topicks of the Despair, and Profligacy of some of the Fraternity; the Envy, Ambition, and Disappointment of others; and the want of Temper, Candour and Judgment in all; I shall cursorily run through the Steps of their Performances, and as Circumstances occur, occasionally in some few Instances observe, how far their Assertions tally with Truth, their Quotations with History, their Conduct with their Professions, and even their Writings with Themselves. When first this meritorious and laudable Work was undertaken, many pompous Professions were made to the World, and many specious Pleas were brought for setting it on Foot; private Views wore the Mask of publick Good; Ambition cloathed itself in Popularity; the Spirit of Resentment took the Title of the Spirit of Liberty; and the Welfare of the Nation, and Loyalty to the King, were made the plausible Pretences for throwing amongst his People the Seeds of Clamour against his Ministers, and his Measures; for preaching Sedition, and endeavouring to infuse Discontent into the Hearts of all his Subjects. For a little while indeed all the Arrows in the Craftsman's Quiver, seemed directed solely at one Mark; they were levell'd at a Minister, whom one of this Club (one whose Prudence was never reckon'd by his best Friends his principal Virtue) was so unguarded, in his Enmity to declare, he would persue to his Destruction; he publickly swore his Ruin; but tho' he bound himself under this Curse, Providence has so ordain'd, that had he not eat nor drank till he had compleated it and slain Paul, he must long ago have been starved. However the whole Stream of their Malice, for some Time, flowed only in this Channel, to vilify this Minister's Name, to arraign his Conduct, depreciate his Services, blacken his Character, and weaken his Credit, both with his Prince and his FellowSubjects; all Hands were imployed, and all Engines set at Work; Manuscripts were circulated, the Press loaded, Coffee-House Talkers, TableWits, and Bottle-Companions had their Instructions given them; and the grossest Falshoods were inculcated in the grossest Terms; the sacred Correspondences in former Friendships were perverted, the Secrets disclosed, and all the Laws of Nature, Custom, Principle, Morality and Society trampled on, and broken. When the Sources of their Invention grew dry, Libraries were ransack'd, the Annals of all Ages were turned over, and Extracts made, out of the worst Characters, that the Historians, or Calebs, of other Times ever transmitted to Posterity, to be applied to these. The Sejanus's and Wolsey's of former Ages, the Menzikof's and Coscia's of later Dates, were described in their blackest Colours; and Parallels were drawn between Persons and Characters, where no Similitude or Affinity could ever have been found, if the Records of other Ages had not been copied by the Slander of this. When they found the Words of the Authors they referr'd to not strong enough, the Weight of their own was added, and convey'd in borrowed Names: Italicks pointing out the favourite Passages, and the Coinage of Moderns comma'd on the Side, was often inserted, like Quotations from the Ancients, for whole Paragraphs together. But the Man, whom the Madness of their Inveteracy in so indecent a Manner, continued to pelt with this Series of Ribaldry, being as much Superior to his Antagonists in Temper, as in Judgment, cooly stood the successive Shocks of their wasted Fire; equally invulnerable in his Quiet, and in his Character. He contemned Accusations, which his own Conscience did not second; nor took the Voice of his Enemies for the Voice of the People; He considered all their Clamour, as the natural Effects of Competition, and Disappointment; and look'd upon this Tryal of his Patience, as the Tax every Minister must pay for Royal Favours; since Envy will always paint those most black, whom Princes most distinguish, as surely as the Shadows of those will always seem deepest, on whom the Sun shines the brightest. But when this Scent became so cold, that political Sportsmen grew weary of following a Pack of Animals, who were always barking at a Prey they could not Wound, and following what they could not overtake; and that these Writers had rung the Changes on the Words, Corruption, Bribery, Male-Administration, Oppression and Injustice, till People were so habituated to the Vox et præterea nihil, that the Peal laid those to sleep, whom the Ringers proposed it should alarm; they began to find that other Forces must be drawn out, new Batteries form'd, and new Places attack'd. However I must observe here, that during their Chace after this Minister, they had from Time to Time made great Professions to the Prince he serv'd, of their Loyalty to his Government, and Affection to his Person; tho' they were at the same Moment exclaiming against every Step of his Measures, and every Action of his Reign. How they proposed His Majesty should reconcile these general Professions, with such particular Reflexions, I know not; but I should think the Alternative, they gave him, of being unjust enough to abett the flagrant Iniquities they complain'd of, or blind enough not to perceive them, was one, which neither he, nor any one who has the Honour to know him, would look upon, as any very great Compliment, either to his Head, or his Heart. And if there were any lengths of Absurdity, to which the Vanity of human Nature could not carry some of those, in whose Composition it presides the strongest, one would wonder, how a Set of Writers could hope to have Art enough to succeed in flattering a Prince, whose Understandings had already miscarried in the low Endeavours of cajoling a Mob. But as the Idle, the Profligate, and the Desperate have Time enough to spare, no Characters to lose, and no worse Situation to fear; so these Gentlemen knew, whatever Project they engaged in, provided they escaped Hanging, (and even that Danger some of them perhaps may possibly be inured to) they could be no great Sufferers by the Miscarriage; and should remain, but where they were. Pursuant therefore to the Scheme of trying what could be done by Flattery, they were perpetually declaring themselves not Jacobites, but Patriots; they gave up Fog for such; but at the same Time, that they were treading in his Steps, talking in his Style, and fighting under his Banner, they professed an Abhorrence to his Cause: As if the whole World must not perceive, that their only Option was owning themselves Knaves enough to be Confederates in it, or weak enough to be the Tools of it. However they abjured Fog's Appellation, and stuck to their own; so that this Sect of Patriots was to Jacobites, what Socinians were to Arians, and Pironists to Scepticks; they preach'd the same Doctrine, and held the same Tenets, but took a different Name, and endeavoured, by the subtle Sophistry of Words, logically to prove a Distinction, where there was essentially no Difference. Under this affected Title, and with such shallow Artifices, they labour'd to convince the King of the Attachment they had to his Person, whilst they were railing at his Government; and of the Zeal they had for Him, whilst they were obstructing all his Measures. Nor did they ever slip any Occasion to assure him, how possible it was, without the least leaning to the Pretender, to act constantly in concert with his Agents; and without any Tincture of Republican Principles, to be always inveighing against the Dangers and Inconveniencies of the most limited Monarchy. At length finding these Absurdities and Contradictions too gross to pass, and all their ingratiating Schemes abortive, they grew weary of the Constraint of speaking a Language so foreign to their Hearts; and resolved at once to throw both the Mask and Scabbard aside, to temporize no longer, but openly to attack even that sacred Person, which hitherto they had only dared obliquely to touch, and collaterally to glance at. The Transition was easy from Ministers to Princes; and the same Methods that had served to defame the one, were now imployed to depreciate the other. The whole Artillery of Pamphleteers, Ballad-mongers, and Libellers was drawn out; they recurr'd again to History for Parallels, they quoted Tyrants in Italicks, show'd by what Steps Revolutions might be form'd; and resolved, since they could not prevail on the King to change his Ministry, to try if they could not perswade the People to change their King. A Prince, whose personal Courage has been so often prov'd, whose Justice was never call'd in Question, and whose Abilities are equal to his Application, was often hinted at by these loyal and worthy Gentlemen, in Suggestions, which any other Author must share their Crime, to be able to repeat without blushing. He has been described as a Prince who delighted only in Troops and Taxes; tho' every Action of his Reign demonstrates, what his every Declaration from the Throne has profess'd, that his constant and steady Aim, is the Ease and Peace of his Subjects, in the Reduction of both. If train'd in Camps, and exposed in the Confederate Armies and common Cause of Europe, the Glory of his earlier Years was Bravery and Success in War; how naturally might the Fame he acquired by his Sword, have biass'd his Mind to that noble Imperfection of the greatest Souls, the Love of exercising it. But if the secret Inclinations of his Heart, did rather lean towards the Scenes of Action, than the Paths of Quiet; and that he was more delighted with a Military than a Civil Fame (tho' with equal Abilities to acquire either) what Obligations must that People have to him, of whom he chose rather to be the Guardian than the Leader? whose Welfare he preferr'd to his own Passions, and for whom, declining all the dazling Trophies of Conquest for himself, he has been constantly endeavouring, with a juster Pride, to procure all the national Advantages of Peace? Whenever he has been cross'd or retarded in this Pursuit, with what Industry have these Authors ascribed all the natural Ebbs and Flows of the Power and Interests of Europe, and the necessary Vicissitudes and Fluctuations of human Affairs, to Errors and Defects in the Councils of Great-Britain. They have as ignorantly as unfairly spoken of foreign Transactions, like domestick Measures: As if Treaties could be made like Acts of Parliament, and the same Advantages procured to any one State at a Congress, where all Nations are laying in their different Claims, and mutually to be considered; as in a Senate, where the Welfare of one People only is to be regarded, and the distinct Interest of each Particular makes the joint Interest of the whole Body. With what Clamour have they inculcated the Decline of our Credit, and the Decay of our Trade; whilst it is demonstrably true, notwithstanding the Reduction of the national Interest for Money, that the one is at this Moment at as high a Mark, as ever it was known to stand; nor is it less sure, that the Suspension of the other, as it was unavoidably owing to the late Commotions in Europe, so must its Revival be the certain, tho' gradual Consequence of the Treaty of Seville, and those Commotions subsiding. With the same Industry, and the same Justice, have they suggested the Sacrifice the King is always ready to make of the Interest of his English to his foreign Dominions: Few Words are sufficient to the reasonable and the candid, to obviate that Aspersion; and with the weak and the factious, who is idle enough to expostulate? When the King had his Option of Peace with the Emperour, or Peace with Spain, which was the Interest of Hanover, and which was the Interest of Great Britain? Which did he reject, and which did he chuse? Which Power did he defy, and which did he caress? Another fashionable Topick in their Philipicks has been the Corruption of the Times: This Word has been banded about with such strong Innuendos and round Assertions, (for Examples and Proofs are never the Tools these Gentlemen work with) that some have been weak enough to doubt, whether there may not have been some Shadow of Truth, in what I take to be so utterly false, that I believe I may venture to say, this is almost the only Court, the only Reign, in which no one single Instance was ever pretended to be given, of Solicitation made, or Favour shown, by the Force of Money. But had all these Representations they have made of the Decline, Contempt, and Corruption of our Situation been faithful Reports, where must the Odium have fallen but on the Head of our State. Were he a slothful, an ignorant or an indolent Prince, others might have incurr'd it; but as few are so ill inform'd, as not to know, from the minutest to the most material Transactions, both at Home and Abroad, that all who have the Honour to serve him, are rather his Agents than his Deputies, that they are the Ministers of his Dictates, and not the Executers of their own Projects; since I say every Thing is known to pass thro' that Centre, had their Insinuations been true, they knew the Demerit would have been only his, who now enjoys all the Honour of their being false. Nor has the indefatigable Assiduity of Mr. Danvers for the Service of his Majesty, confined itself meerly to the Advancement of his Honour as a King; but with equal good Will extended it self, even to the Care of his domestick Happiness. In this View (for in what other could it be?) he has, with a Morality not inferior to his Loyalty, not only dared to insult the Majesty of the best Queen, but endeavour'd to cast a Shade over the Virtues of the best Woman. One not less amiable in every private Walk of Life, than perfect in her publick Station; for as in the latter her Liberality so many have proved, her Affability all partake, and her universal Benevolence on every Occurrence is shown; so in the other, what Examples can be given, in any Rank of Life, of a better Wife, a better Mother, a better Mistress, or a better Friend? If these Appellations seem too familiar, I hope I shall be forgiven the Use of them, since she, to whom they are applied, seems more sollicitous to acquire, and prouder to deserve them; than any others Ambition can covet, or Fortune can bestow. For as she is sensible, that the one, Merit only can possess; whilst the rest are daily obtain'd by the Accident of Birth or Advantages of Alliance; so she prefers those Titles, which she can only enjoy in common with the Virtuous, to all those less valuable Distinctions, which with Diadems, and Purple, she might wear in common with the Vicious. Nor can the Craftsman boast a greater Fidelity to History on her Chapter, than on most others; for in speaking of Edward the Fourth's Queen, that Particular excepted of the best Employments being ingross'd by her Relations, to which not the least Shadow of a Parallel can be pretended in this Reign; his Report of the dead is little juster than his Suggestions of the living; he hardly asperses the Memory of the one, less than in falsifying the Character of the other. But as none are blind enough to mistake from what Motives he transgresses the Laws of Truth upon this Occasion; so no Body, I fancy, will be much puzzled to determine, which Queen is most obliged to him. But what Effect can these Authors flatter themselves such Papers can produce? Do they imagine the gradual Esteem and Reverence for her Character, built on an Experience of so many Years, can be overturn'd by the manifest Injustice and Malice of one Libel? Or, do they mean to insinuate, that Kings, like Hermits, are to be excluded all Society, and deprived of those Blessings which the meanest of their Subjects may enjoy? Can a reasonable, or a social Mind imagine human Nature capable of greater Felicity, than a Commerce contracted by Inclination, strengthened by Esteem, and rivetted by Habit? If there is none superior, and that being a Prince is to debar the Enjoyment of it, I know not whether it be true what Cato says of the Post of Honour, but I am sure the Post of Happiness must be a private Station. On the other Side, If this Happiness be not less compatible with Grandeur, than with Obscurity; and that the Importance of a King's Secrets, should only make him more cautious where they are confided; to whom can they with less Danger be communicated, where with more Safety deposited, than in the Breast of one, whose Interest by Situation must be his own, and whose whole Life has been one uninterrupted Series of Proofs, that she has no Pleasure but the procuring his, no Choice but his Will. His Honour is her's, his Safety is her's, and his Prosperity is her's; and if it were possible for her to taste of Happiness after the Loss of that she enjoys in him, where could she turn her Eyes to find it, but in the Prospect of his Crown safely transmitted to the joint Monument of their Affection, his and her Posterity? With what Views then could these Authors, as ignorantly with Regard to past Times, as fruitlesly with Regard to the present, coin the absurd Assertion, of the Downfall of the House of York being the Effect of the Conduct of Edward the Fourth's Queen? I can conceive no other Motive for it, than the short-lived chimerical Pleasure it gave them, to prophecy Ruin to a Family, from which as they have never deserv'd, they never expect any Favour. Do these Suggestions then spring from a Spirit of Liberty? or are they merely the Overflowings of the Spirit of Faction? Mr. Danvers says, they never subsist together. Quam temere in nosmet leges sancimus iniquas? For if this Position be true, how little of the Spirit of Liberty can there be at any Time in the Conduct of those, who were often so evidently actuated by the Prejudices of the other. I own it unfair to turn this Maxim upon him; since in chiming upon these two Phrases, he hardly oftener asserts their being incompatible, than he gives Instances of their not being so. One Proof (besides many others I could produce) of His Examples jarring with this Maxim, is his saying in the Craftsman of October the 3d, that in the Contentions of the Yorkists and Lancastrians, Tho' each Side contended to have a King of their own, neither Party would have a Tyrant; they sacrificed their Lives to Faction, but would not give up their Liberties; This sure demonstrates, that the Spirit of Faction did reign, even among these Champions for Liberty; and much plainer, I believe, than the Craftsman can prove, that the Spirit of Liberty ever moves his Engines of Faction. I should grow very tedious if in this Paper I should launch into a farther Disquisition of all the contradictory Rodomontades I could point out in his Performances; I shall therefore conclude with saying, That be his Hopes never so sanguine, his Prophecies never so strong, his Writings never so inflamatory, and his Endeavours never so indefatigable; Whether HENRY was merely a Creature of the People or not; whether they were Losers by his bad Qualities, or Gainers by his great ones; Whether Edward the Fourth's Queen was so great and able a Woman, as Rapin describes her, or so shortsighted an Intriguer as Mr. Danvers represents her; Whether new Kings are always agreeable to a Nation or not; and whether Caleb and Fog, or their Directors or Emissaries, have a distinct or united Aim; I do firmly believe, that the Peace and Happiness of England are too deeply rooted in the present House of York, for the Nation ever to be mad enough at the Instigations of the Craftsman, to risque the transplanting them into his House of Lancaster.

Politics

OBSERVATIONS ON THE Writings OF THE CRAFTSMAN.

Observations on the writings of the craftsman

RelA1642

THE eternall Happinesse of our immortall souls is to be found only in union and communion with Iesus Christ; Religion is that which gathers and binds up the spirit to close fellowship with Him; This bond is twisted out of those materials, which the severall pen-men of Holy Scriptures have prepared; Wise Solomon hath contributed a good share to this blessed work in his three Books, Proverbs, Ecclesiastes, Canticles. I will not confidently with Hierome and others, entitle Solomons three books, to his three Names; Hierom. in Eccles. Cornel. a Lap. in Prov. Argum. As he was Solomon peaceable (say they) he scattered Proverbial sentences among young men, to discipline them in wayes of righteousnesse and peace; As he was qhlt, Ecclesiastes, the Preacher, he wrote the book of Ecclesiastes, a pithy Sermon, teaching men of riper yeers, the vanitie of vanities in all worldly excellencies. As he was Iedidiah, 2 Sam. 12.25. Beloved of the Lord, he acquainted greatest proficients, with the sweet communion betwixt Christ and his Spouse in the Song of Songs. But of this I am sure; The book of Proverbs is sutable to its Title, worthy of Wise Salomon the sonne of David king of Israel, Prov. 1.1. In the first book of Kings, Chap. 3. vers. 9.11. Salomon was an earnest suiter unto God for understanding; and because he sought it from God and for God, (so much doth the Lord love to see a publike spirit in our private prayers.) He gave him a large portion of wisdome, with an overplus of other rich advantages; he obtained both the wisdome of a Prophet and of a King, whereby he spake both Propheticall and Kingly sentences. So much the Originall word msly rendred, Proverbs seemes to import; raigning commanding sentences, being so full of wisdome gravity and authoritie; and that stile of being Master of the Sentences, may well be translated from Peter Lumbard, unto King Salomon, who was the Author of so many Master-sentences. Axiōmata sive dignitates, baelig; doctrinæ quæ suo merito vitæ nostræ veluti dominæ & moderatrices esse debent, Cartwr. Much of the wisdome of a Nation, is oft found in their Proverbs; and much of Salomons in this book of his Proverbs, it being a cabinet of such Jewels, as is fit for the closet, of so wise a King, full of short and pithy sentences, like Jewels indeed, containing magnum in parvo, much value, vertue, and lustre in a little roome. And for the better discovery of their excellencie, it is observable, that herein they differ from most other Scripture; Their Harmony is in discord, their beautie in a kinde of contrarietic. If you would understand our Saviours parables, minde the scope; if you would reach many other places of Scripture, attend the dependance, but if you desire distinctly to apprehend the Proverbs in them, consider the opposition; which though it appeare not so full in this my Text, as in many other of these Proverbiall sentences, yet here you may finde two disagreeing parts. Parts of the Texts. First an Injunction, Buy the Truth. Secondly, a Prohibition, Sell it not. This opposition, such as it is, begets two Propositions. I will follow the method of the words, beginning with the first proposition. 1. Proposition. All the sonnes of wisdome, must be carefull to buy the Truth. Herein by Gods gracious assistance, I will take a view of severall branches, enquiring by way of explication and confirmation. And then joyntly shake them altogether in the application, trying what seasonable fruit they will afford this grave Assembly on this solemne Day. Explication. Every one will be enquisitive concerning the commoditie it self: What is this Truth? I answer, Not a Metaphysicall Truth, thats for Speculation only, not a Logicall Truth, thats chiefely for disputation; nor a Morall Ethicall Truth, thats but one sprig of speaking; [veracitas rather than veritas] Salomons Truth here must needs be Theologicall. And that not veritas 1[deg] prima, God himself, no creature can compasse so great a purchase, if God were willing to sell it, but veritas 2[deg] prima, derived from that first Truth, this may, and must be bought. This is veritas objectiva, as it lyes in the Scriptures, both in the principles of it, and conclusions deduced from it; Truth Originall and Truth Derived. And veritas subjectiva seated in us, which we sucke from the word of Truth. Indeed Truth of Religion in us, grounded upon the Holy Scriptures the Rule of Truth; which comprizeth Truth in our Iudgements, when soundly informed; Truth in our wils and affections, when obedientially conformed; Truth in our conversation, when seriously reformed according to the word of Truth. 1. Libertie of Truth must be bought. There are things in Truth well worth our Buying, first libertie of Truth, that the True Religion may have free passage, and not be imprisoned in corners or clogged with difficulties. Veritas nihil erubescit præterquam adscondi. Truth blusheth at nothing so much as to be concealed. Paul desireth the Thessalonians to pray for him, Sylvanus and Timotheus, that the word of God may run and be glorified. 2 Thess. 3.1. It is a disparagement to Christ and his Gospel, when that hath so much adoe to creepe, which should run and ride in triumph from congregation to congregation, from kingdome to kingdome. But a most beautifull and honourable sight to see Christ at the opening of the first Seale, with a bow and a crowne, going forth conquering and to conquer, subduing the Heathenish world to the obedience of his Gospel by the preaching of the Apostles. Revel. 6.2. What though a river be full of good water, yet if frozen, if not an open passage, men may die for thirst. It is the motion of the Sun of righteousnesse, that disperses both light and heat. Libertie of the Gospel makes it a Gospel to us. The Church in the Acts knew how to value this libertie of Truth, and therefore when Peter was imprisoned instant and earnest prayer was made; the answer was as effectuall. Acts 12.5. Peter released, Herod confounded, and truth set at libertie. Of all famines, the Soul-famine, Gospel-famine is the most grievous, threatned as an heavy Judgement, Amos. 8.11,12. But a most sweet mercy to feel and taste the accomplishment of that promise, Isa. 30.20. Though the Lord give you the bread of adversitie, and the water of affliction, yet shall not thy teachers be removed into a corner any more, but thine eyes shall see thy teachers. 2. Puritie of Truth must be bought. Secondly, Puritie of true Religion, is a good purchase as well as libertie. That we may have an incorrupt Religion, without sinfull, without guilefull mixtures; not a linsey-woolsey Religion. All new borne babes will desire to logikon adolon gala, 1 Pet. 2.2. Purum est plenum sui & immixtum alieni. Wordmilke, Sermon-milke without guile, without adulterating Sophistication of it, of which Paul glories, 2 Cor. 2.17. For we are not as many, which corrupt the word of God: but as of sinceritie, but as of God, in the sight of God speake we in Christ. Whose zealous care it was, 2 Cor. 11.2. to espouse the Church of Corinth to one Husband (no polygamy in the second marriage) that he might present them as a chaste virgin unto Christ. This he endeavoured by pure Gospel means, and by perswading to puritie and singlenesse of heart in the use of those means. The Devill is as busie vers. 3. to corrupt peoples minds from the simplicitie that is in Christ; well knowing the simplicitie that is in Christ, is the best Rule for the Churches conformitie, to this we may subscribe without any checke to conscience. Quot supererunt mixturæ ex hominum ingenio prolatæ totidem extabunt, pollutiones quæ homines distrabant à certo eorum usu, quæ Dominus in eorum salutem instituerat. Calv. Ep. Prot. Angl. Totalis & adæquata regula est scriptura & traditio simul. Traditio parem habet autoritatem scripturæ, Becan. And indeed, what are false Religions, but Humane compositions. The Alcoran compounds Mahomets fond devices with some fragments of Gods word. Popery compounds unwritten Traditions most presumptuously with Holy Scripture; yea it rakes up Heathenish customes, revives old Jewish Ceremonies which are now mortuæ & mortiferæ dead and deadly, compounding them with the institutions of Christ. You may discerne such mixtures in many errors, about the great mysteries of the Gospel, even in every linke of the golden chaine of Salvation, Rom. 8.30. Arminians in the Decree of Election compound foreseene faith, with the Soveraigntie of Gods will. In vocation, so compounding mans Free-will with Gods Free Grace, that with them in the act of conversion prima causa depends upon secunda, the power of Gods grace must wayte upon the concurrence of our good nature. Popish Doctors doe strangely compound works with faith in the act of justification; and in glorification, so compound the merits of the Saints with the merits of Christ, that by a condignitie they become meritorious of eternall life; let the Devill affect vaine compositions; the whore of Babylon must paint her wrinckled face with some borrowed beautie, to cover her inward deformities; Christ and his Truth, will glory in no vernish so much as native simplicitie and puritie. 3. Power of Truth must be bought. Thirdly, Truth must be purchased as well in the power, as in the libertie and puritie of it. There should be such a streame as runs purely without mud, and that in a strong torrent. Hypocrites will swarve in the last age, when most Gospel-light breaks out, many painted professions will borrow some lustre from it; This Paul foretels, 2. Tim. 3.5. In the last dayes together with many streames of wickednesse, there will be a generation of men having a forme of Godlinesse, but denying the power of it; a good description of hypocrisie. Hypocrisis est signum sine signato. But the Lord bespeaks power, both in the dispensing and the professing of Truth. Paul desired to preach in the demonstration of the spirit, and of power, 1 Cor. 2.4. as well knowing that the kingdome of God is not in word, but in power, 1 Cor. 4.20. It is not wording, but working the power, that will evidence to speaker or hearers, that they are subjects in the kingdome of Grace and heires to the kingdome of glory. This Paul made an argument of their election, 1 Thess. 1.5. that the Gospel came not to them in word only, but in power and in the Holy Ghost; much power appearing in the dispensation of it, and the Thessalonians hearts so fully possessed with the power of Truth, that their carnall principles were confuted, their passions moderated, their lusts mortified, and their self-ends confounded. Most men affect in Religion, either a dull moderation, or an outside pompe, both enemies to the power of Truth. Moderation doth better in other things, then in the practice of Religion, where there cannot be a nimium. God requires totum cor and totum cordis, the whole heart, and the totalitie of it; that we should love him with all our heart, with all our soul, and with our strength, Luk. 10.27. Indeed moderation hath its season, but with Calvins caution; I confesse (saith he) there ought to be moderation, yet this I constantly affirme, care must be had, that under pretence of moderation, nothing be tolerated, which proceedeth from the Devill or Antichrist. Fateor quidem moderationi locum esse oportere, sed non mixus constantèr offirmo videndum esse ne sub illo prætextu toleretur quicquam quod à Satanâ vel Antichristo profectum sit. Calv. ep. Prot. Angl. Neither must we so affect the outward pompe of Religion, as to neglect the power of it. Hilary his counsell was good, who writing against Auxentius Bishop of Millaine, complained that the Arrain faction had confounded all, and therefore admonished all men to take heed, how they suffered themselves to be led with outward appearances. Hilarius contra Auxentium. Malè vos parietum amor cepit; malè ecclesiam Dei in tectis ædificiisque veneramini; malè sub his pacis nomen ingeritur; annè ambiguum est in iis Antichristum Sessurum? It is not well (saith he) that you are in love with walls, that you esteeme the Church in respect of houses and buildings, and in, and under these shewes and appearances pretend and urge the name of peace. Is there any doubt of Antichrists sitting in these places? This makes Popery such a Religion as pleases mens eyes, and humours their eares, rather then rectify their mindes, and heale their hearts, because they seeke not so much to purchase the power, as the pompe of Religion. Having layed open before you the Commoditie it self to be purchased; Truth in the libertie, puritie, and power of it; Its necessary further to enquire into the nature of the purchase, with its price. Purchase of Truth. 1. Begins in Desires after it. As all other markets, ordinarily begin at home; so indeed our trading for Truth. The spirit of God, having convinced the heart, how farre it is come short of the glory of God by sin, Rom. 3.23. and that men are alienated from the life of God, through the ignorance that is in them, Ephes. 4.18. withall, giving the soule an hint and taste of the excellencie and sweetnesse of Divine Truth, the only Soveraigne means of its recovery, it groanes most seriously, and pants most affectionately after acquaintance with the truth and possession of it. Scientia visus, and gustus. And that not only by some cold velleitie, by some dull wishing and woulding; but by a peremptorie choice; not by wandring and flashy, but constant and fixed desires; not by lazie and slothfull, but operative and busie desires; Truth I would have, yea Truth I must have, els I am everlastingly undone. Isa. 55.1. Luk. 18.1.7. Prov. 26.15. 2. Promoted by Diligence. Affectionate desires, as they live and move in opinions; so they produce actions, inclining us to take pains for the obtaining of that we would possesse. They adde wings to the soule, making us to flie like busie Bees from flower to flower, from ordinance to ordinance, that we may sucke the sweetnesse of Truth, which is sweeter then honey, and the droppings of honey combs. Psal. 19.10. The purchase of Truth, is carryed on by such an active disposition, as the Spouse in the Canticles had to enjoy her Beloved; I will rise now and goe about the streets, and in the broad wayes, I will seeke him whom my soule loveth. Cant. 3.2. Every buyer of truth, must be willing with little Zacheus to get up into any Sycomare tree, to take all Gospel advantages, to gaine a sight of his Saviour, to behold Christ who is Truth it selfe. Luk. 19.3,4. Truth is an hidden treasure, Matth. 13.44. sometimes hidden from us by the difficultie of Scripture wherein it is contained, God thereby putting a value upon it, and an edge upon our studies and prayers; sometimes hidden by differences amongst learned men. Law may be clouded by a multitude of booke Cases; and Divinitie abscured by a multitude of Schoole utrums. Many times truth is hidden by the scandalous lives of such as professe it. Carnall spectators being much more quick-sighted to apprehend the deformity of Religious men, then the beauty of Religion it selfe. And too often hidden under great disgrace in the world, being stiled, Heresy, Schisme, Faction. C. Sejus. Bonus vir, sed Christianus. Yea Religion it selfe accounted the greatest Crime. This Treasure lies often so deep, you must be content to sweat in digging for it before you can obtaine it. 3. Managed by Prudence. All they who would purchase Truth, must not onely be like Merchant men seeking goodly Pearles; Matth. 13.45. but withall, be able to discerne when they have found a pearle of great price, vers. 46. to know whether it be a pearle or pibble; that it is not drosse, but gold bearing the stamp of truth. There is much doubtlesse in that of the Apostle Paul, Col. 4.5. Walke in wisdome toward them that are without, redeeming the time. All good Merchants must be redeeming time, improving all hints of doing good, of enjoying Gods ordinances, wherein you may trade for truth. Observe the connexion; walke wisely towards them that are without, redeeming the time. The Church was then under persecuting Governors, and vexed with bad neighbours, both enemies to the trade of truth; yet you must be purchasing; only wherein walke so wisely towards them without. 1. That you violate not the peace and puritie of your owne conscience. 2. That you deface not the stamp of Divinitie upon Authoritie. 3. That by a rigid austeritie you alienate not others from truth. 4. Nor by a complying familiaritie with them in their sins, harden them against the truth. 4. Transacted by paction. The Soule that thirsts after Truth, having taken paines, how according to the rules of godly providence, it may be possessed of that it so dearely loves, is now willing to conclude the bargaine by paying the price. Solomon here mentions no price, because he would have us buy it at any price. Hæc optima commutatio, da res tuas ut acquiras veritatem; non alienabis à, te veritatem, ut acquiras res altas. Cajet. Sometimes it may cost us credit, and libertie, as it did the Apostles, Acts 5.41. Sometimes it may cost us the losse of goods, as it did those Christians, Hebr. 10.34. Yea, sometimes life it self, must be the price of Truth. We must be content to follow that cloud of witnesses, which appeares in that little booke of Martyrs, the 11th Chapter to the Hebrews, we must write after that heroicall copie which our owne Worthies have set us, who sacrificed their dearest lives, to the crueltie of Bonners flames, that they might possesse the Truth. Truth seldom bought upon cheap tearmes. Truth is so precious a Jewell, you must never expect to have the markets cheape. The Devill at first laid siege against the Truths, which were most Fundamentall, that so he might have ruined all the buildings; he would by the subtiltie of ancient Hereticks have huckstered up those Truths, which concerned the Natures and Person of Christ, this cost very deare, before the foure first Councells could settle Truth against the Hereticks of those times. Afterwards, when Poperie invaded all the Offices of Christ (such a dangerous gangreen is it) undermining him, as the Prophet, as the Priest, and as the King of his Church, it cost no little blood in England and Germanie, to vindicate the Doctrine of Divine worship, and of the Holy Sacraments, from such errors as opposed the Propheticall and Priestly Office of Christ. That branch of Truth about Church Government and Discipline, so much concerning the Kingly Office of Christ, is of rich value, if the Markets should rise, we must drive on the bargaine what ever it cost. No price too great for the obtaining such a Purchase, to see our Deare Saviour advanced in all his Offices; as the Churches Prophet, without being beholden to unwritten traditions; as the Priest of his Church, without the satisfactions of any Meritmongers, without any Purgatorie, any Bridewell of the Popes making; as the King of his Church, above Miters, above Canon-laws, or any Church usurpations whatsoever. Confirmation. After the discovery of the nature of this purchase and the price of Truth, its fit to consider what Reasons may engage you all to trade herein; which are divers, according to the various reference Truth hath to things of high concernment. 1. Reason. Never expect to have the spirituall and eternall good of your owne immortall souls effectually promoted, unlesse you buy and be possessed of Truth. 2. Reason. You cannot hope to finde Gods gracious acceptance of your service, nor enjoy any Soulerefreshing communion with him in the duties of his worship, unlesse Truth direct and animate your spirits therein. When David was engaged in a pious and plausible service, in fetching the Arke from Kiriath-jearim, 1 Chronicles 13. he consulted, vers. 1,2. the people consented, vers. 3,4. there was much confluence and triumph, vers. 8. The Oxen stumbling, Vzzah upon a faire pretence, put forth his hand to uphold the Arke, yet God would not accept of his faire intention, but smote him that he dyed, vers. 10. the reason is rendred, 1 Chronicles 15. vers. 13. because God was not sought after the due order, his Truth was not observed, in the carrying of the Arke, as vers. 14. with reference to this Story, Peter Martyr commends it, to the care of Queene Elizabeth, that Church Governors endeavour not to carry the Arke of the Gospell into England, upon the Cart of needlesse Ceremonies. P. Martyr. Ep. 36. Regni Eliz. The best of our Practicall Christianitie, even our most solemne addresses to God (upon such a day as this) loose their vigour and blessing, if custome only or formality act us herein, and not conscience to Gods Truth. What are good Christians, but Rules of Truth, become examples, yea living, walking pictures of Divine Truth. When the wantonnesse of humane wisdome, will multiply Will-worship, and Wit-worship, thinking to please God with better devises then his owne, it turnes to grosse folly, and ends in much mischiefe, rather then acceptation. Witnesse Gideons Ephod, Iudges 8. vers. 27. Yea, such men take much paines to loose their labour, and Matthew 15. vers. 9. In vaine doe they worship God, teaching for Doctrine, the commandements of men. 3. Reason. Never expect the gracious presence of Christ in his Churches, unlesse you purchase Truth, and set it upon the Throne, Revel. 2.1. He walketh in the middest of the golden Candlesticks, whose office it is to hold forth the Truth. The beautie and efficacie of Church Government and Discipline, depend upon their Conformitie unto Divine Truth. It must Regulate Church Power, and Discipline Church Administrations, else they will soone loose their Lustre and Authoritie, Degenerating either into emptie Formalitie, or into Church Tyranny, which of all other is most grievous, because so oppressive to the Conscience. Hence such uncouth Catalogues of Church Offices amongst the Papists: Pope, Cardinals, &c. Hence such swelling Volumes of their Canon Law, because not Divine Truth, but carnall wisdome drew the platforme. Hence so many of our Temples, made houses of Merchandize, wherein, as in the darknesse of Popery, Indulgences were, Absolutions are bought and sold. Yea, hence the sword of excommunication which was wont to be formidable, because drawne with so much solemnitie, is now made contemptible, because so familiarly abused upon trifles; and all this, because Divine Truth hath had no more power in our Consistories. Gladius Ecclessiæ venerandâ raritate formidabilis. Petr. de Alliaco. And this doubtlesse doth much foment the present distractions of the Church, that either fancie or affection should put such high claimes upon things, as suddenly to style them Institutions of Christ, or usurpations of Antichrist, not sufficiently consulting with Divine Truth. If our Prelaticall Power, and Cathedrall Pompe, be of Divine Right, let us see a Divine word for it; what need we such violent arguments to maintaine them, oath upon oath, subscription upon subscription? Let Christ himselfe be acknowledged as King in his Church, as Lord in his house, let the word of Truth be our Booke of Canons, our Books of Discipline, and then if Paul were our visitour, he would rejoyce to behold our order, as Colossians 2. vers. 5. Yea, then we shall undoubtedly find the BroadSeale of Heaven, confirming what is done, when we follow the guidance of Christ in his owne Truth, Matth. 18.15,16,17,18. 4. Reason. The best way to promote the most publique good of all the Churches, is by advancing the trade of Truth. This publique counsell should move in the most publique sphære, seeking good for themselves and others, both at home and abroad. The eyes of all the three Kingdomes, yea, of the Protestant world are now upon you, expecting much from your influence. You can never contribute fully to the worke, of Reformation here, unlesse you set Truth at libertie; neither shall you be so effectually helpfull to all the Protestant Churches, though you should recover their lands and regaine their territories, unlesse you re-establish their Religion, by opening a free trade of Truth amongst them. Truths advancement is one of Gods great designes; Kingdomes are for Churches, and Churches golden Candlesticks to hold forth Truth, that therein Christ may appeare in his most glorious lustre; when the banners of Truth are universally and victoriously displayed, The Kingdomes of this world shall become the Kingdomes of our Lord, and of his Christ, and he shall reigne for ever and ever, Revel. 11.15. How came Tropery to be advanced to so great height, but by suppressing Truth; 2 Thess. 2.7. The mystery of iniquitie wrought in the Apostles times; It went on by steps; the Pope was first Antichrist nascent, then Antichrist crescent, after Antichrist regnant, but when he was made Lord of the Catholike Faith, so that none must beleeve more, nor lesse, nor otherwise then he prescribed, he became Antichrist triumphant. See Crakanthorp of the fift Generall Councell, chap. 13. The Pope is guiltie of the grossest theevery, he robs the Sacrament of the Cup, the Scriptures of their Authoritie, and the Church of the Scriptures; as theeves blow out the candles, the better to conceale themselves, and carry on their designes; so He suppresseth, as much as he can, the light of Truth, that with more advantage, he may play his pranks, and creepe undiscerned in the darke. If you would lay siege to the Devill or Popes kingdome, and undermine all the crutches and supporters of it, set Truth at libertie. Zachary 4. vers. 6. the great mountaine of opposition must be moved, not by humane power and might, but by the spirit of the Lord of Hoasts, not only by his power but by his spirit, because Church works must be carryed on in a way of enlightning and revealing the Truth. Thus the wise providence of God wrought formerly, when a Generall Councell (though by many groaned after) could not be obtained with the consent of the Clergy and Court of Rome, to whom Reformation would be a certaine Ruine, He stirred up divers Heroicall Worthies, Waldus in France, Wickliffe in England, Luther in Germany, Knoxe in Scotland, to despise the light of Truth; And Revel. 14. vers. 6. After the flying Angell, having the everlasting Gospell to preach unto all that dwell on the earth, then vers. 8 there follows another Angell saying, Babylon is fallen. Doubtlesse the Pope must fall not only by the Sword of Princes, but by the Sword of the Spirit, 2 Thessalonians 2. vers. 8. That wicked One must be revealed, and consumed with the Spirit of the Lords mouth. If you would have the mystery of iniquitie unmasked, see the Popes Triple Crowne tumble, and the thicke mist of Popery vanish, help forward the bright Sun-shine of Gods Word, promote the libertie, puritie, and power of Truth. Application. You have had a discovery of some few sprigs, growing upon this first Proposition, let us in the Application, gather the wholesome fruit which hangs upon them. 1. Vse Self-examination. It is the good hand of God upon us, when so many of our brethren in Ireland, are still bleeding under their enemies crueltie, that we are at libertie in this solemne Ordinance, to plead with God for mercie. Oh that this day of Self-humbling, might be to us in the use of it, according to its nature, a self-searching, or soul-purging day. My Commission is, to hold forth the Glasse of Gods Truth before your eyes, that you may may may discover your spots and defects. Let it be your worke, to reade over your selves, as well as your Bibles; to speake and write retractions of your former errors, and confessions of your miscarriages (I wish we could all be Augustines herein.) The Lord knoweth what Volumes many of us might fill, if we were but well studyed in our selves. And together with the long Catalogue of all our other sins, our neglect of Truth must come in, as having a great influence into the rest: for this we may blush and bleed, yea rivers of teares are too little to bewaile this, that in all our designes, we have so little minded to purchase the Libertie, the Puritie and Power of true Religion. Adam and Eve began to make very bad markets, to sell themselves and posteritie, for the forbidden fruit. Prophane Esau, sold his Birth-right for a Messe of pottage, Heb. 12.16. How many with Absalom, to humour their vain-glory, will set the Peace of a Kingdome to sale? How many with Haman, to gratifie proud revenge, will set a whole Church to sale? Some with Iudas, will set up their Saviour to sale for thirtie pieces. Others with Diotrephes (the first Cocke of the game) that they may fill their sailes with Church-pompe, and Church-power, will set the Keyes of Church and Ordinances of Christ to sale. Lay your hands upon your hearts. To be purveyours for your lusts, as the prophane, Romanes 13. vers. 14. To be Merchants for the Pope, as the Superstitious Innovators. To be Proctors for the Devill, as Gospell-opposers, what saith conscience? Is this to buy the Truth. Give me leave (Honourable and beloved) to come neerer you, with three plaine Queres. I study not alta but apta proferre. 1. Quere. Concerning the persons. Have you gotten your owne hearts possessed with the power of the Truth? Hath Gods word a throne in your Consciences, Colosians 3.16. Let the word of God dwell richly in you. If it dwell there. First, it must intrare, then residere: it must dwell and abide there, exercising a soveraigntie over you, ever drawing open into an humble familiaritie with it. What fruitfull knowledge have you gotten in the mysterie of Doctrinall and Practicall Godlinesse. They who know the Grace of God in Truth, will bring forth fruit, Colossians 1. vers. 6. Doth the Truth of your Religion appeare in your relations, in the uniformitie of a Gospell conversation? as Phil. 1. vers. 27. Aske your hearts, whether in all your undertakings you move upon Religious grounds, and for Religious ends. God doth not onely number, but weigh our actions, and observes not onely what is done, but why it is done. The The The word of Truth must be our judge; therefore now let it be our Counsellor. It is Philpots Glosse upon Iohn 12. vers. 48. (The word that I have spoken shall judge him in the last day) if the word shall judge us, then much more ought it to be judge of our doings now. 2. Quere. Concerning your Families. Have you set up Truth in your owne families? It is most odious for a Minister of Christ to flatter, to dawbe with untempered morter at any time; but most abominable upon a Day of Humiliation. You reckon your house, your little Common-wealth; by what law is it governed? Doth the word of Truth, the Scepter of righteousnesse beare sway there? Whence then so much licentiousnesse tolerated in the servants? so much dissolutenesse in the children? so much oppression, tyranny, and (too often) other wickednesse in your selves, and such distempers in family relations? Psal. 101. vers. 2. David would walke in his house with a perfect heart. Such as served him, he would either finde them, or make them Gods servants. You would have others thinke your houses are Churches. What thy house a Church to God, and thou a covetous idolater? Ephes. 5.5. Thy house a Church to God, and thou an uncleane sonne of Belial? What concord hath Christ with Belial? what agreement hath the Temple of God with idols? 2 Cor. 6.15,16. The argument is as strong for Magistrates as for Ministers, 1 Tim. 3.5. If a man know not how to rule his owne house, how shall hee take care of the Church of God? How can you be good Reformers both of State and Church, unlesse you be first Reformers of your selves, and your owne Families? Light is a great advantage to an house, especially the light of Truth. The Father of Lights, is not pleased to dwell in a darke habitation, such a corner is fitter for Satan, the Prince of darknesse. Delicata res est spiritus Dei. It was a very honourable report, which Melancthon giveth of Prince Anhalt, Cubiculum ejus erat, Academia, curia, Templum ; His Bed-chamber was an Academie, a Court, a Temple. The Lord gives you a share in this honour. Let not your Chambers be Academies onely, for the advancement of learning; or Courts, for the daily dispatch of publique affaires; but Temples for the worship of God, and calling upon his name. Give the people not onely Rules, but examples of Reformation. Let Religion be first advanced in you, it will the sooner bee setled by you. 3. Quære. Concerning the publique. Have you imployed and improved your publique interests to help forward the trade of Truth, to promote Religion in the Libertie, Puritie, and Power of it? Never was any Parliament the sonne of so many prayers and teares. Never had any a larger share in that blessing of the Lord upon Ioseph, Deut. 33. vers. 16. feeling the good will of Him that dwelt in the bush, so often burning, yet not consumed. What reciprocall reall love have you expressed unto God, and the Cause of his Truth. When Moses proposed that question, Exod. 32. vers. 26. Who is on the Lords side? The sons of Levi gathered themselves together, vers. 27. and by their zeale, obtained a blessing in Moses his Catalogue, when their brother Simeon was left out, Deut. 33. vers. 9. We live in shedding, discriminating times, it is a frequent question, quarum partium? On what side are you? If this be the question, who is on Truths side, what eccho, what answer will you returne, oh you great Counsellors? Suppose this day, God and thy Conscience held a Closet Committee, the Lord saith, I have put such a rich price into thy hand; I have betrusted thee with an influence in the Grand Affaires of the Church? what saith Conscience? What hast thou done? what wilt thou doe, by speaking, voting, by hand, heart, purse, for the Truth? Davids question is most seasonable, 1 Chron. 29. vers. 5. Who is willing to consecrate his service this day unto the Lord? Oh that you might returne the same pious answer, with the chiefe of the Fathers, and Princes of the Tribes; who all offered willingly, vers. 6. Could you finde this fruit upon your Self-examination, Doubtlesse though you may serve this day in sorrow (as you ought to doe upon a Soulafflicting day (in sighes, in groanes, in teares) yet you shall reape in joy. Use 2. Exhortation. To engage and quicken your utmost endeavours for the happy purchase of truth. You may please to looke upon your selves (Honourable and Beloved) in a double capacity. First, as Merchants, trading for your owne everlasting good. Then as Publique Factors, betrusted with the best good of many hundred thousands. Three Requisites in a Factor. In a Merchant or Factor there are some speciall Requisites, 1. Wisdome. 2. Activity. 3. Resolution. 1 Requisite, Wisdome. First, Wisedome, to discerne both the Commodities themselves, and opportunities of trading. 1. The first use of Wisdome is to discerne the Commodities themselves. Religion must not be taken upon trust. Faith is Gods way to save us, credulity the devils method to undoe us. 1 Thess. 5.21. Try all things, hold fast that which is good. And by sound knowledge possesse your selves most carefully of such truthes, as are most necessary. Those that are Fundamentalia in fide, or in Praxi, buy them at any rate, but sell them at no rate. There are Magnalia, and minutula legis. It will argue much hypocrisie to be substantiall in circumstantiall truthes, and circumstantiall in the substantials of Faith and Repentance. Maximis dissidiis non sunt minores istæ redimendæ veritates. Acontius de St. Sat. Let us wisely proportion our zeale, according to the nature of truths themselves. This Counsell Paul giveth his Titus. Matters of consequence, he must affirme constantly, but, avoid needlesse questions, Tit. 3.8. It were a seasonable improvement of your Wisedome and Power, to hinder the Devils or Popes Chapmen, from opening their packes of adulterate wares, and to put an high value upon such precious parcels of Truth, as have a great influence both into Doctrinall and practicall Religion. Give me leave here in the behalfe of Truth, to suggest some briefe hints. 2. The second use of Wisdome in Factors, is to know and consider their opportunities. Opportunitas est maximum talentum. Ephes. 5.15,16 See that ye walke circumspectly, not as fooles but as wise, redeeming the time. Hierusalem in this was, as unwise, as unhappy, that she knew not the day of her visitation, Luk. 19.41,42. Who did expect such nutus providentiæ, hints of divine providence, as God hath afforded to unworthy England in these two last yeares, to repossesse her of that Truth which many thought departing? The Philistins had almost taken our Arke. Our friends, our enemies, our selves, our owne guiltinesse passed a sentence of death upon us. We discovered so many leakes in ships of Church and State, as if both were sinking. The tempest was great, our Saviour seemed to be asleepe, our onely refuge was to cry, Lord save us, we perish, Mat. 8.25. The sword hath rid circuit for above twenty yeares in Germany; many Candlestickes of Truth thence removed; that Paradise almost turned into a Wildernesse. Poore Ireland is in danger to lose that Religion they had, with their estates and lives, Preachers hanged, Professors murdered, Bibles burnt, and all with prodigious cruelty and blasphemy, &c. Yet sinfull England, like Gideons fleece, dry in comparison , when others steeped in their owne blood. Judg. 6.40. Observe, I beseech you, like wise Factors, the seasons to trade for the setling true Religion. It is true, we are now full of sad distractions; blacke and bloody clouds beginne to gather; yet, may not Faith (through them) spy out the Sunne of righteousnesse shining graciously upon unworthy England? As Hag. 2.7. I will shake all Nations, and the desire of all Nations shall come; and I will fill this House with glory, saith the Lord of Hosts. Historians report, that about the yeare 1517. when Leo the tenth was making some thirty Cardinals, there was such a terrible tempest in the Church, that shaked the Babe out of the Virgin Maries armes, and the Keyes out of Saint Peters hand, which they interpreted as ominous, and indeed so it proved; shortly after Luther arose, who so much battered the Popes power. The sword is already shaken out of our great Church-mens hand, by Parliamentall power, the keyes doe not hang so fast under their girdle, as they did, &c. We dare not but hope, these are engaging providences of God, earnest-pennies of some great payment yet behinde. Oh therefore know, and redeeme your Opportunities to Trade for Truth. 2 Requisite, Activity. Activity, to pursue occasions, and follow all advantages. If you would be fully possessed of the knowledge of the Truth; you must seeke for her as for Silver, and search for her as for hid Treasure, Prov. 2.4. By a most unwearyed industry, search every Mine. Plato calleth Merchants, Planets, that wander from City to City. You will never trade for Truth in good earnest, till you expresse an inquisitive, active disposition, in the cause of Religion, knocking at every doore, plying every Market, where you may purchase any acquaintance with the Truth. First, Goe not onely to the shop of Nature, or the Schoole of Philosophy. The candle which Nature affordeth us, is good; but it will be burnt out before we come to our journeyes end. Philosophy may seeke Truth, Theology findeth it, Religion doth possesse it. Philosophy is not the field wherein the pearle of Truth lyeth, but rather a hedge and ditch about the field, to defend it, from the invasion of subtill Disputants. Veritatem Philosophia quærit, Theologia invenit, Religio possidet. P. Mirand. Secondly, neither must we seeke Truth, onely in the decrees of Councells, in the Traditions and testimonies of the Church. Clem. Alexand. Licet Christus post cœnam instituerit & suis Discipulis administraverit sub utraque specie panis et vini hoc venerabile Sacramentum; tamen hoc non obstante Sacrorum canonum autoritas, & approbata consuetudo Ecclesiæ servavit & servat. Caranza sum. Concil. Sess. 13. Councells are like Rivers of water, very profitable, so long as they hold themselves within the compasse of the banckes, but if they swell and overflow (as too often they have done) they prove very hurtfull to the field of the Church, even to Truth it selfe. The Councell of Constance commeth in with a non obstante against Christs institution, with-holding the Cup from the Sacrament. Our Faith and Truth was at first delivered to the Saints, Jude ver. 3. And we hold it still per Ecclesiam, though not propter Ecclesiam; by the Ministery of the Church, though not for the Authority of the Church, John 4.42. Autoritas Ecclesiæ est autoritas muneris, non jurisdictionis. Camer. All they who are genuine children of the Church, not onely by the Mothers side, but by the Fathers also, will not onely beleeve as the Church beleeveth, but as their Heavenly Father teacheth them, and because he teacheth them. Thirdly, But in searching out for the Truth, goe to Christ himselfe, who is Truth it selfe, John 14.6. Jesus saith unto him, I am the Way, the Truth, and the Life. Ego sum vita, quæ ad veritatem duco; ego sum veritas, quæ vitam promitto; ego sum vita, quam do. Bernard. Attend upon Christ in the use of his Word, which is a Word of Truth, Prov. 8.34. Blessed is the man that heareth me, watching daily at my gates, Waiting at the posts of my doores. If ever God ripen your Councells about a Synod, we hope to receive the same direction from you, that Constantine the Great gave the Councell of Nice. Tōn zētēmenōn lysin ek tōn theopnousōn logōn Take the Resolutions of things in question, out of Divinely inspired writings. Doe not onely bid us enquire what Reformation was in our Josiahs time, King Edward the sixth; nor what in our Deborahs dayes, Queene Elizabeths, (though we must for ever blesse God for the light that appeared in those times) Doe not onely put us upon inquiry what Ignatius said, or what Cyprian did; they must be very wise Children who know their Fathers faces and writings, after so many of their adversaries scratches. Rather bid us give you an account, what Luke holdeth forth in his story of the Acts of the Apostles, what Paul intimates in his Epistles, that so divine Truth may triumph, and we enjoy a Scripture Reformation. In divine things we may attribute somewhat to antiquity, yet in matters that concerne Church pompe, and Church power, we must be jealous how we trust the Ancient Fathers, because (good men) they saw the mystery of iniquity but darkely, and at a distance, which wrought strongly, not onely in corrupting Doctrine with errours, but Divine Worship with Ceremonies and Church Government with tyrannicall usurpations. Then, and then onely, is Truth like to triumph in Church-Assemblies, when Gods Word is there advanced. Cyrill saith, in a Synod at Ephesus, upon a high Throne in the Temple, there lay, Sanctum Evangelium, the holy Gospell, to shew that Christ was both present and president there. 3 Requisite, Resolution. Resolution, to backe a publique Factors wise Activity. This would make you willing to grapple with difficulties, to expose your selves to troubles and hazzards, and to be at any cost and charges, that you may possesse your selves and the Kingdome of the true Religion. Poore England hath long beene in a travelling condition, felt many bitter pangs, findeth now twins in her wombe, Jacobs and Esaus, wrastling for the birth-right, high contestations betwixt Eliah and Baalls Priests; now it is a day of trouble and astonishment: 2 Chron. 29.8. Great things are come to the birth, onely there wanteth strength to bring forth. What will you resolve to lay out to possesse this dis-joynted Kingdome of the Truth? Imagine the casting of the ballance, the composing of all Church difference depended upon thee alone, what wouldest thou contribute to purchase Truth? Nazianzen put this price upon his Athenian learning (wherein he was very famous) that he had something of value to part withall for Christ; Oh that you could say the same of your Honours and Estates, reckoning this the goodnesse of all your good things, that you are enabled to doe good with them in the cause of Christ and his Truth. It was Heroicall zeale in Basill, who for his constant and bold defending of the Truth against the Arian heresie, being threatned death by Valens the Emperour, answered, eithe genoito moi, Oh that I might dye for the truth! I beseech you (Noble Worthies) by the many Petitions you have had from men, by the solemne Protestations you have made to God, by his wonderworking Providence about you, and by the dependance of the Protestant cause abroad hath upon you, stirre up your Resolution in the behalfe of Truth. Would you have the name of this Parliament embalmed with everlasting perfume? Improve your power for the true Religion. Justifie our Magna Charta, the grand Charter of Scripture truthes, that doth entitle us to Salvation. Confirme unto us our Petition of Right, establish upon Pastors and Churches, so much interest in the power and use of the Keyes, as the Word of Truth doth allow them. Maintaine amongst us a free course of trading for eternall happinesse, set and keepe open those shops, such Pulpits, such mouthes, as any Prelaticall usurpations have, or would have, shut up. Secure to us not onely liberty of person and estate, but also liberty of Conscience from Church tyranny, that we be not pinched with ensnaring oathes, clogged with multiplyed subscriptions, or needlesse impositions, which will rather increase then compose distractions. Together with Priviledges of Parliament, let us have Church-priviledges vindicated, helpe us to purge out that old leaven, whether of Doctrine, of Disposition, or Persons, that we may have Sacraments, more purely administred, according to the rule of Truth; let us be sure of this Militia, inviolably setled, the sword of the Spirit, which is the Word of God, Ephes. 6.17. Guard that Magazine, wherein are laid up the weapons of our warfare, that are mighty through God, to the pulling downe of strong holds, 2 Cor. 10.4. So shall we be put into a good posture for Reformation. Act undaunted resolution, in the prosecution of these religious Designes, then may you confidently expect Christs glorious and gracious presence amongst you. Luther would assure you thereof, Where the Word of Christ doth raigne, saith he, there are the eyes of Christ fixed on the holy Professors of Truth, but where the Word of man reigneth, although there were as many Popes, as there be leaves in the wood, and as many Cardinals, as graines of Corne, &c. Iu her. de abrog. miss. privat. As many Bishops, as drops of water in the Sea, and all of them glittering in Gold and Jewels, Gemmati, purpurati, mulati, & asinati, to maintaine their owne Lawes, yet are Christs eyes turned away from them. 2 Proposition. Truth, though it must be bought, yet it may not be sold. The Wisedome of Scripture directs us to severall purchases, Isai. 55.1. Every thirsty soule is invited to Come and buy Waters, Wine, and Milke; Seeke to Christ upon his termes, for variety of sweet Soulemercies; Rev. 3.18. We are counselled to buy of Christ, Gold tryed in the fire, the pure graces of Gods Spirit, and the purity of Ordinances; Ephes. 5.16. We must be redeeming the time, not only taking opportunities of doing and receiving good when they are offered, and seeking them when they are wanting, but buying them at any price. And indeed Christians should be Chapmen to buy, rather then Salesmen to sell. We are commanded to buy, that we may possesse, the end of this possession is use; what Spirituall commodities we have purchased, we must Improve for God and our Soules, but not alienate them from our selves. Three sorts of of of Hucksters. There are three sorts of Hucksters will be ready to engrosse the Truth from you, if you be willing to sell it. 1. Sort of hucksters of Truth. Malignant persecutors, are engrossing Huckesters, who watch to interrupt the liberty of the Truth. These, even as Jannes and Jambres withstood Moses, resist the Truth, men of corrupt mindes, Reprobates concerning the Faith, 2 Tim. 3.8. And indeed, therefore resist the Truth, because their mindes are so corrupt. Qui atopa faciunt, quæ minime conveniunt. Pisc. Such the Apostle cals atopoi, absurd men, 2 Thess. 3.2. Men compact of meere incongruities, solæcising in opinion, speeches, actions, and whole life; yea unreasonable men, For all men have not Faith, ver. 2. Religion is the highest Reason, nothing more irrationall than irreligion. From such spirits arose those conspiracies against the Apostle, endevouring to scotch the Charriot-wheeles of Truth, when they began first to move. Acts 4. & 5. ch. No sooner did Steven plead for Truth, but some were suborned against him, Act. 6.11. No sooner did Saul beginne to Preach the Truth, but opposers began to consult to kill him, Act. 9.23. Though not long before he had beene a busie Apparitor and Pursevant, to Arrest the Saints, and dragge them to their High-Commission, Act. 9.1. [A strange and suddaine change in them, as well as in him.] Origen saith of the Devils; No greater torment to them, then to see men addicted to the Scriptures. Origen. Num. hom. 27. in hoc eorum omnis flamma est, in hoc uruntur incendio . The same temper of spirit appeares in the devils agents upon the killing of the witnesses, Rev. 11.10. They that dwelt upon the earth shall rejoyce over them, and make merry, and shall send gifts one to another, because these two Prophets tormented them that dwell on the earth; And therefore they will adventure peace of Conscience, and hope of Heaven, yea, the whole stocke upon it, that they may buy up Truth out of the Churches hands; and sometimes malice rises to such a height, that even in England the Bible must be burnt, as strange Doctrine. Tanquan Doctrina peregrina. 2. Sort of Hucksters of Truth. Seducing Heretickes, whose endevour is to corrupt the purity of Truth. The great Apostacy from the Faith, 1 Tim. 4.1. is brought about by giving heed to seducing spirits. The Pope hath many Emissaries abroad, who joyne with the Devill, studying a method of Soule-deceiving, and Truth-betraying. Compare Ephe. 4.14. methodeian tēs planēs, with Ephes. 6.11. methodeias tou diabolou, you shall find the devill and deceivers artificially methodizing their snares to draw us from the Truth, 2 Pet. 2.1. False teachers have alwayes practised to bring in damnable heresies. The beginning of grosse errours may be modest; yea, the foulest Heresies may at first appeare with faire faces. The Serpent creepes into the Paradise of the Church by degrees: as 2 Cor. 11.3. his plot is to corrupt peoples mindes, From the simplicity that is in Christ; First, he will puzzle them with a question, as he did Eve, put a command of God, a knowne Truth to be disputed, then helpe them to mint some distinctions, (which are not alwayes so happy in Divinity as in Philosophy) thereby to relieve and helpe in an errour. And here it may be observed, though these men have the same designe with malignant persecutors, to engrosse the Truth, yet cunningly they will buy it up by parcels, that they may be the lesse discerned. They will trade first in names, then in things, first habituate us to call our Ministers Priests, our Communion Tables, Altars, before they impose superstitious gestures. This was the Rhemists straine of policy. Rhem. Test. Let us keepe our old words, and wee shall easily keepe our old Faith. 1 Tim. 6.20. This graduall Huckstering up the purity of truth, is most cleare in Image worship. At first, Images and pictures of Saints were used in private, for Memory, History, or Ornament onely; Afterwards with like colour of pretence brought into the Church in Gregories dayes, yet with expresse prohibition of worshipping them; Afterward the second Synod of Nice enjoynes it, though more modestly, and respectively onely in regard of that which they represent; But since the councell of Trent, it's risen to grosse Idolatry. Bellarm. de Imag. Sanct. l. 2. c. 21. 3 Sort of Hucksters of Truth. Neutrall Politicians, who will be buying Truth out of our hands, by formalizing and enervating the power of it, till at last they leave us an heartlesse and saplesse Religion. Among the Lawes of Solon, there was one which thundred against such, who in a civill uproare amongst the Citizens, sit still as neutrall spectators. Plut. in vita Solon. It were happy for the Church, if there were a more strict course taken against all lukewarme Machivillians, who by their neutrality undermine Religion; of this straine was Jeroboam, that grand Politician, who created to himselfe a State Religion; out of Love to his Crowne, he set up golden Calves; he hindred the people from going to worship God at Jerusalem, lest they should turne againe unto their Lord, unto Rehoboam King of Judah. 1 Kings 12.27,28. Worldly wise men, as they are time-servers, so they are selfe-servers, and whatsoever become of Christ and his truth, selfe shall be advanced into the Throne; such mens heads over-match their hearts, their policy out-runneth their Religion; when the glory of Christ and his Gospell come in competition with their selfe ends, selfe shall first be gratifyed; most unlike to Paul, who Phil. 1.20. kata tēn apokaradokian, stood as it were on tip-to, looking earnestly after the magnifying of Christ, what-ever became of himselfe, Whether in his life, or in his death. I may produce three Reasons to fortify you against selling Truth to any Hucksters. 1. Reason. Truth is in it selfe a precious Jewell, of most incomparable worth, gained into the possession of the Churches, not without much difficulty; and therefore cannot without great disparagement to its excellency, and to the zeale of others, be alienated and chaffered away. Gospell Truth at first cost the blood of Christ, then watered with the blood of many Martyrs, which made it throng up so plentifully. It is observeable, the Church hath beene seldome fully possessed of any Grand Truth, without much debate, without some bloody sufferings. Nil tam certum quam quod post dubium certum. How deare did it cost Athanasius to justifie the Divinity of Christ, against the Arians? and shall we suffer any of that kindred to buy it againe out of our hands! How couragiously did Augustine rescue the Doctrine of Grace, from the Pelagians hands, whom he cals the Enemies of Grace? and shall we suffer it to be betrayed to their Brethren the Arminians! How farre did Luther hazzard himselfe, to advance Justification by Faith in Christ? It is a grosse shame that sweete Truth should be lost in the language of any Innovators, who will have workes to concurre in eodem genere causæ, to share equally with Faith in the very act of justifying. Many of our ancient Worthies, like Wisedomes Children, Matth. 11.19. set themselves to justifie Wisedome; they have endevoured with much sweat, and many teares, yea, with their dearest lives, to settle the Churches Land-markes by evidence of Scripture Arguments, and to bound the Truth by Decrees of Councels; we must not prodigally dispossesse our selves of such a Treasure. We reape the fruite of our Reformers zeale, who bestirred themselves so much against Popish Altars, and other Church usurpations for the purging of Religion in England. God forbid, that we should sell for trifles, what they possessed us of with so much difficulty. It concernes us rather to concurre with them, yea, to promote their beginnings with all our might, that we may have such Churches, such Officers, such election and ordination, such jurisdiction, such exercise of Church power, and all such administrations as are most agreeable to the Truth. 2 Reason. Truth is the Churches Talent, committed to her trust, and therefore must not be sold. Rom. 3.2. Trust being a strong obligation to fidelity. Upon this ground the Apostle, Jude vers. 3. Exhorts Christains to Contend earnestly for the Faith, once delivered to the Saints. You must never expect another edition of the Faith, (God reserved that solemne change from Jewish to Evangelicall worship, for the Inauguration of his Sonne) zealously strive for this Faith you have, against all opposition. In that knowne place, so much abused by Papists, 1 Tim. 3.15. The Church of Ephesus (this cannot be appropriated to the Church of Rome) is the pillar and ground of Truth. Stylos not sensu architectonico but forensi. Not a pillar to uphold, but to hold forth Truth, not so much themelion as hedraiōma, the seate of Truth; every pure Church being a depository of Truth, where it is to be found, as the candle in the Candlesticke. All the sonnes of Wisedome have a share in that of Paul to Timothy, 1 Tim. 6.20. O Timothy keepe that which is committed to thy Trust. This made the primitive Worthies so conscientiously zealous in the cause of Truth; and that not onely of many Truthes, but even of formes of speeches, of syllables, yea of Letters. The difference betwixt the Councell of Nice and Arius, was but in a Letter, whether homoiousios or homoousios. The controversie whereupon the Greeke and Latine Churches broke, touching the proceeding of the Holy Ghost, depended upon two prepositions, ek and dia. The monstrous heresie of Nestorius lay but in one poore letter, theodochos for theotokos, when he would not gratifie the Church therein, as Cyrill desired him, many Bishops rose up against him, so religious were they, that they would not exchange a letter, or syllable of the Faith, wherewith their Saviour had betrusted them. 3 Reason. Selling Truth opens a doore. Selling Truth is the worst, the most undoing Trade; it sets to sale both Gods glory, and your owne Salvation, being it opens a doore to both extreames in Religion, to Prophanenesse, and to Superstition. 1 To Prophanenesse. The Schoole of Christ is indeed a Schoole of affection, and of action, but first of knowledge; we must have science before we shall make conscience of our wayes. This makes the god of this world, the Devill, bestirre himselfe to blinde peoples mindes, Lest the Light of the glorious Gospell of Christ should shine into them: he well knew that darknesse of mind, betrayes us to workes of darkenesse. When men walke in the darke, They know not at what they stumble, Prov. 4.19. They will stumble at Christ himselfe, at the strictnesse and purity of his wayes, and soone plunge themselves into the grossest wickednesse. In a Synod at London Anselme forbad Priests Marriage in England, and in the next yeare were discovered a great company of Sodomites amongst them. Alfred. Annr. 1102. Such is the wofull fruit of selling Truth, which would be a spur, quickning to good, and a bridle restraining from evill. It is no wonder to find such treacherous practices amongst the Papists, their erroneous doctrines open the sluces unto them. Upon a sleight confession of sinne, they may receive a cheape absolution, and thereby are emboldned to renue the commission of it. That Taxa pœnitentiaria, amongst the Papists, that low rate which is put upon the greatest sinnes in the Popes Custome house; so contrary to the word of Truth, Rom. 6.23. The wages of sinne is Death, encourages people to the greatest prophanesse. 2 To Superstition. Ignorance of the Truth is a fruitefull mother and helpefull nurse, both to prophanesse of practice, and to superstition in devotion. See it at Athens, Act. 17.22,23. There they were fondly superstitious, where their Altar had this inscription, To the unknowne God. Aquinas attributes the inchoation of Idolatry it selfe, To the inordinacy of our affection, and our Ignorance of the true God. Whence came superstition so much to swarme in the darke ages of the Church? because they neglected the word of Truth, and followed Traditions. Traditiones pontificorum sunt pandectæ errorum et Superstitionum. Chemnit. Hence it is observed that Learning and Religion have falne and risen together. When the light of Truth hath beene ecclipsed, by the decay of learning; the heate of Religion hath much declined. The weedes of superstition, sponte nascuntur, will grow of their owne accord in darke corners; as having advantage of the soile, so much connaturallnesse to peoples corrupt hearts. The Popes Chaplaines need not take much pains to teach ignorant soules to be superstitious; If Orthodoxe Preachers of the Truth be but suspended, we shall soone have reason to complaine with that great man in the Councell of Lateran; Piety is almost sunke into Superstition. 1 Use of caution. Beware of expressing any indulgence unto such, or holding any complyance with them that sell the Truth. The whole Tribe of Benjamin came to be extinguished, except about sixe hundred, onely for countenancing a few sonnes of Beliall in Gibeah, who had abused a Levites Wife, Judg. 19. and 20. chap. Christ was angry with some of the Churches, not onely for being active in evill, but passive of evill, Rev. 2.14.20. The Wisedome of this great Councell hath beene inquisitive after monopolists, or any that encroach upon the Common-wealth. Give me leave to discover an unhappy Church-confederacy, whereby Truth hath beene shamefully sold in many places. 4 Sorts accessary to the selling of Truth. There are foure sorts of persons, herein deepely engaged. 1 Scandalous professors. First, Scandalous apostate Professors of the Truth, who alienate the Truth from themselves, and alienate the mindes of others from the Truth. They make the word of God blasphemed, Tit. 3.5. Such are described with blacke Characters by Jude verse 12,13. There are spots in your feasts of Charity, when they feast with you, feeding themselves without feare; clouds they are without water, carryed about of windes; trees whose fruite withereth, without fruite, twice dead, plucked up by the rootes; Raging waves of the Sea, foming out their owne shame, wandring starres, to whom is reserved the blacknesse of darkenesse for ever. They are employed in evill workes, and they receive answerable wages. What unhappy markets such carnall Gospellers make for the Truth, you may read in many stories; amongst the rest, an American Noble-man, being perswaded to embrace the Christian Religion, demanded, First, what place was ordained for such as were Baptized? Answer was made, Heaven, and its joyes. Secondly, what place for them who were not Baptized; Answer was returned, Hell, and its torments. Thirdly, which of these places was allotted for the Spanyards, it was answered Heaven; whereupon he renounced his intended Baptisme, protesting he would rather goe to Hell with the unbaptized, then be in Heaven with the Spaniards. Many fall out implacably with the Truth, because they finde many professors such unsavory salt. 2 Ignorant and vitious Ministers. Secondly, Ignorant and vicious Ministers. Some even idoll Priests, like the Idols of the heathen, The worke of mens hands, they have mouthes but they speake not; eyes have they but they see not; they have eares but they heare not, neither is there any breath in their mouthes; they that make them are like unto them, so is every one that trusteth in them, Psalm. 135.15,16,17,18. And indeed it is too often true, like Priest, like People, Ier. 5.31. Such a creature is not to be found in Christs catalogue, who gave some Apostles, Prophets, Evangelists, Pastors, Teachers. No Prince ever sent dumbe Embassadors. Ephe. 4.11. Bernard. Bernard reckoneth up these foure as strange things, Speculator cæcus, præcursor claudus, præco mutus, doctor inscius ; a blinde Watchmen, a lame Harbinger, a dumbe Cryer, an ignorant Teacher; And indeed a Minister of a vicious life, though not grossely ignorant, is as dangerous an enemy to true Religion, if not sometimes worse, as not barely with-holding, but corrupting and perverting Truth, like Elymas the Sorcerer, Act. 13.10. Yea like Eli his Sonnes, 1 Sam. 2.17. who made the Offerings of the Lord to be abhorred; their ungodly lives are often such confutations of their owne and other mens Sermons, that many thereby are hardned against the Truth, Ezek. 9.6. the destroying Angell was to beginne at the Sanctuary, and there, too often, beginnes prophanenesse. There hath beene long expectation, as there is indeed great need, of a Parliament visitation; to finde out those Chapmen, who will sell Gods Truth, peoples soules, Church-purity with State-liberty, for the satisfaction of their lusts. 3 Prelates supporting Ignorant & vitious Ministers. Thirdly, Such Prelates as ordaine or support these ignorant and vicious Ministers, I appeale to you, what grosse betrayers of Truth they are. How happy had it beene for the Church in England, if they who pretend to succeed Timothy, had walked by that rule which Paul commended to him, 1 Tim. 5.22. Lay hands suddenly on no man? but alas! many are aposcopi, rather then Episcopi , as Espencæas, by-seers, rather then over-seers; hence such swarmes in the Church of backe-friends unto truth. Field. on chap, l. 5. c. 29. If you enquire when so many grosse deformities crept into the Church, Damasus will tell you; even then when the Bishops put over the care and performance of Church affaires to others, that they might take their owne ease; like Harlots that put out their owne children to be nursed by others, that themselves in the meane time might satisfie their lusts; by such remissenesse Truth was much smothered, with a multitude of weedes, that overgrew the Church. 2 Selfe-seeking Patrons. Fourthly, Selfe-seeking Patrons are many times deepely accessary to the betraying of Truth, in presenting most unworthy Ministers. The Lord knoweth how many are so farre from considering the concurring consent of judicious Christians (which was much valued in primitive times) that they neglect their trust for the good of others, and their own soules. Plebs ispa maxime habet potestatem, vel eligendi dignos Sacerdotes, vel recusandi indignos: quod & ipsum videmus de divina autoritate descendere. Cyp. ep. 63 They will obtrude, too often, one of Jeroboams Priests, one of the lowest of the people, 1 Kings 13.33. They would not chuse a Cooke to dresse their meate, that were like to poyson them: nor a Physitian (though a Kinsman) which would probably kill them; but, too often, preferre a dawbing Chaplaine, that will comply with their covetous, or licentious humour, though in the meane time the people be betrayed, and the Truth be sold. Will you please to consider what a sad meeting this unhappy fraternity will have at the day of Judgment, if still they persist in truth-betraying. Scandalous professors, will curse their wicked Ministers, whose examples poysoned them. Wicked Ministers, will cry woe, woe upon such Prelates, who were indulgent to their unworthinesse; and doubtlesse the Prelates will be as ready to complaine of many Patrons, who first made the living scandalous by withholding maintenance, and then by importunity thrust a scandalous Minister upon them. Oh let it now appeare, that you will not suffer Religion to be betrayed by the least indulgence to any of these evils. Consider what Sigismond the Emperour said in the Councell of Constance, where the Councell pretended to make a Reformation; one stood up and said the Reformation must beginne at the Fryer Minorites; No, said the Emperour, Non à Minoritis, sed à Majoritis incipiendum est, Let Reformation reach Patron, and Prelate, as well as Minister and People. If you would discourage scandalous livers, suppresse scandalous Ministers; if you would prevent a succession of them, regulate the power of the keyes, tooke to ordination and jurisdiction: though your Bill against scandalous Ministers were ripened and executed, yet if the doore of admission into the Church, continue as large as now it is, the next age will swarme againe with the like Drones. And for the Truthes sake, that you may silence all clamours, as if Reformation would discourage learning, and undoe the Church, make good your owne Orders. For the support of an able Ministry; let Patrons and others deny themselves, to raise a sufficient and certaine maintenance, at least open a vent to others Pietie and Charity, who will concurre with you, to afford oyle for burning and shining lampes, by reviving the hopeful designe of the Feoffees, or what other wayes, your zealous wisdome shall suggest. A great Civilian telleth us how Churchmaintenance came to be appropriated to the Cloysters of Monkes, and how such lands as they held, in sundry Parishes, were freed from the payment of tithes to the Ministers thereof; Sir Tho. Rid. View of Civill Law. part 3. c. 2. Sect. 3. namely, it sprang from this roote, they insinuated that Preaching was not so necessary for the salvation of mens soules, as their Praying, in their Religious Houses; Preaching, they said, breedeth Schisme, Disputes in Religion, &c. It lyeth as a blot upon them, That by their undervaluing Preaching, many Congregations were robbed of their Ministers maintenance, Let it be Your Honour, who have expressed such a high esteeme of Preaching, to endevour the re-endowing those places with such meanes, as may encourage faithfull witnesses unto the Truth. 2 Vse of direction. To awaken Your compassionate affection towards many persons and places, where truth is chaffered away; Religion is a riddle, a paradox, yea, a reproach among them. We should appeare this day, as publique mourners, laying to heart, not onely personall, but State evills, even Parliament sinnes. Is not this just matter of griefe, that in so many former Parliaments, the liberty, the purity, and the power of Religion hath beene so much neglected? Ancient Lawes have established Church pompe, Power, Dignity, and Revenues; these are twisted into the severall Statutes, as if they would put in a politicke caveat against after alterations, without shaking the very Foundation, which is now one of the great objections against Reformation. Yea, how much hath Truth suffered by the indulgence that Old Parliament Lawes have expressed to Non-residency, Pluralities, and Insufficiency of Ministers. It hath beene enough if Legit ut Clericus; if he can say the Confession in Latine, he must be betrusted with soules. Allow something to the necessity of these darker times; yet now the very reason of such being altered, God forbid that truth should any longer be betrayed by an unwarrantable latitude. Oh pity your many thousands of expecting Petitioners, who have had many yeares of sad Sabbaths, and sit downe still in much sorrow, complaining for want of Truth. You may heare their groanings in the words of the Prophet Jeremiah, chap. 8.22. Is there no balm in Gilead? Is there no Physitian there? Why then is not the health of the daughter of my people recovered? What? cannot, will not, the Parliament heale us? It was a strange and dolefull vision that Ezekiel had from God at Hierusalem, when he saw so many sinfull spectacles; an image of jealousy, Baals Idoll, Ezek. 8. v. 5. then, a company of grave ancient men, every one in the Chamber of his Imagery, Ezek. 8. ver. 11,12. the Jewish High-Commission, according to some, in those times deepely corrupted; poore Women weeping for Tammuz, ver. 14. weeping for the death Osiris, King of Egypt, and idolatrously adoring his image, which Isis his wife had advanced; Polan in locum. and worships towards the Sunne, ver. 16. Would it please you in your serious thoughts, to runne over this Church, this Kingdome, you might see in many places such objects, that Your eyes would much affect your hearts. Though in all abominations, wee doe not runne parallell with Hierusalem, in Ezekiels Vision, yet such wofull fruites of truth-selling, and truth-betraying, as may stirre up your affection, and awaken your Parliament actions. 1. First, Cast your compassionate eyes upon the Schooles of the Prophets, the Churches Nurseries. Doe not petitions informe you that divers have there chaffered away Truth for errors; were Whitaker and Reinolds then in vivis, doubtlesse they would blush to see Bellarmine and Arminius justified by many, rather than confuted. If no Chambers of imagery be there, yet are there not some Chappels, polluted rather then adorned with Images, Altars, and Crucifixes. If no worshipping of the Sunne there, yet doe not too many pleade for, and practise, and ungrounded worshiping toward the East? It cannot be thought unnaturalnesse in a Sonne to represent the distempers of his Mother, to a Colledge of Physitians especially when the experience of the deepe infection, which some of your beloved Sonnes got there, of the corruption of judgements, prophanenesse and superstition of practise, which many of your Ministers brought thence, will witnesse the same, that Truth hath beene shamefully betrayed, by too many in the Universities. Munster reporteth, That the Jewes were banished out of many Countryes of Christendome, principally for poysoning Springs and Fountaines. All Friends to Truth had need pray that God would either remove or heale such as have poysoned the Schooles of the Prophets, the Fountaines of the Land. Our hopes are that God will put upon you (Noble Senators) the spirit of Elisha, and helpe you to cast into those waters, such salt, that the Waters be healed, that there be not from thence any more barrennesse, or causing to miscarry, 2 King. 2.19,20. In Exod. 15. 23,24,25. when the people were come to Marah, They could not drinke the waters, for they were bitter, and murmured against Moses, saying, what shall we drinke? ver. 25. The Lord shewed him a tree, which when he had cast into the waters, the waters were made sweete, Plant, and uphold wholesome Lectures, in the Pulpit, as well as in the Chaire, (A Service worthy of the Wisdome and Power of a Parliament.) Such Trees will sweeten the waters there, and drop such fruite, as will much promote the trade of Truth abroad. How many living stones, yea how many Builders did famous Perkins hew, by Preaching a Lecture in Cambridge? many Children and Fathers begotten by his Ministery in a few yeares, to the great advancement of the Truth. Secondly, Behold with the same compassion, Cathedrall Churches, and the wofull effects of selling the Truth in too many of them; The strange Vestures and Gestures, Images, &c. in some of their Quires, intimating too much affinity with those Chambers of Imagery, in their abominations, mentioned Ezek. 8.10, 11,12. Former Reformations left such nettles growing there, that have since unhappily feeded many other Churches; yea, left so much dust, not onely behinde the doore, but even in the very Quire, as hath beene easily blowne about into many corners. They glory in being called the Mother Churches, but they have too often proved Stepdames to their Daughters, engrossing the maintenance, that should provide the word of Truth for their Soules. What pity is it that Cathedrall Societies, which might have beene Colledges of learned Presbyters, for the feeding and ruling City Churches, and petty Academies, to prepare Pastours for neighbour places, should be so often Sanctuaries for non-residents, and be made Nurceries to many such Drones, who can neither Preach nor Pray, otherwise then reade, say, or sing their Prayers; and in the meane time Truth much obscured in a Non-edifying pompe of ceremonious service. Multitudine levissimarum seremoniarum pene est extincta pietas et vis spiritus Sancti. Gerson. It was a notable designe of those Bishops at Bononia, that gave Pope Julius the third this very Counsell, how to establish the Roman Religion; Let the people (say they) have pompous Prayers, Images, Tapers, Organs, and divers musicall instruments in their Temples; These are things with which the people are much delighted, and being taken up with these, they almost forget that doctrine which is so destructive to us. Hæc sunt quibus vulgus præcipue delectatur, et quorum gratia doctrinam illam quæ vobis exitialis est fere oblivicitur. p. 4. Let your compassion move you to counter-worke all such plots; as Church-deformers sought to corrupt Cities, and places of confluence; so let those that professe themselves Church-Reformers, when the Harvest is greatest, expresse the greatest care to send forth most faithfull Labourers for the Truth, Matth. 9.36,37. This were to resemble your Saviour. 3. Thirdly, Behold with weeping eyes the many hundreds of Congregations, in the Kingdome, where millions of Soules are like to perish for want of Vision; Truth is sold from amongst them, either by Soule-betraying-non-residents, Soule-poysoning-innovators, or Soule-pining-dry-nurses. In too many places the very Image of jealousie, the Idoll of the Masse is set up, yea, the Comedy of the Masse acted, because there wanteth the light of Truth to discover the wickednesse and folly of it. Missæ Comœdia in P. Martyr. Do not some of you that live on the Welch coasts, cry out with your Neighbours, Woe is me that I sojourne in Meseck, and that I dwell in the tents of Kedar, Psalm. 120.5. Doe not some of you inhabit the North parts, where you may complaine (in the word of Nicholas Clemang. pag. 15.) How many Priests came to their Benefices, not from the Schooles, and their study, but from the Ploughes, and servile Occupations, which could neither Reade, nor Understand Latine? Where in many miles, not a Minister that can orthotomein, and orthpodein Preach, and live, Sermons. I wish every Parliament-man had a map of the Soule-misery of the most of the Ten thousand Churches and Chappels in England; I hope it would draw forth your compassions, and stirre up your endevours to rescue Truth out of their hands, who would sell it, and set up the trade of Truth in poore darke Countries. Had I the favour to preferre a Petition unto You in the name of Universities, Chiefe Cities, Country Congregations, yea, the whole Kingdome, and were sure of a propitious eare from you, I would summe up all in this clause, in this one breath: Improve Your Power to helpe forward the Word of Truth, that it may runne and be glorified. 2 Thes. 3.1. This would maintaine love and loyalty to our Soveraigne. Where hath he most hearty Prayers, but where Truth most prevailes? This would teach men to justifie the power, and comply with the Authority of Parliaments. Who have more undermined and maligned Parliaments, then such Ministers as first betrayed Truth? This is the way (if any) to reduce seduced Papists. Contra Pontificies parum Legibus aut libris profici, quousque firmum et idoneum ministerium in ecclesiis constitutum fuerit. Whitak. Humane Lawes will pinch their purses. Send divine Truth amongst them, that may satisfie their consciences. This is the most Soveraigne meanes to compose Church-differences. Why doe we contend? (saith Augustine) are we not Brethren? Our Father dyed not intestate, let his Will be publiquely produced, and all men will be quiet. This is the best way to make the Reformation thorow and lasting, because this would engage the peoples hearts. 2 Chron. 20.32,33. Jehosaphat did that which was right in the sight of the Lord; Howbeit the high places were not taken away; for as yet the people had not prepared their hearts unto the God of their Fathers. Josiah, a good King, did much, yet because the peoples spirits were not wrought to concurre with him, the worke soone vanished, and Gods Judgements brake in upon them. Goe on, therefore (Honourable Worthies) improving your influence to prevent the selling of Truth. 3 Vse of Dehortation. I have endevoured, (though in much weaknesse) with words of Truth and sobernesse, to plead the cause of Truth. I must end as an importunate Sollicitor: O sell not the true Religion upon any termes. Much of my Rhetoricke to perswade you is within you. I speake to your selfe-love, as you are Men; to your conscience, as you are Christians; to your Wisedome, as you are States-men; to your Honours, as you are Noble: Be alwayes buying, but never selling the Truth. England hath had an happy taste of your zeale for Truth, and against the corrupters and betrayers of the true Religion. The Lord from Heaven hath appeared mightily for you, when you appeared much for him in the cause of Truth. God forbid that ever this Parliament should lose any of it's first love to Religion, and the Reformation of it, then may you expect to drinke of Solomons bitter cup, The Lord was angry with Solomon, because his heart was turned from the Lord God of Israel, which had appeared to him twice. God forbid that Rhehum the Chancellor and Shimshai the Scribe, should outstrip Zerubbabel; That Tobiah and Sanballat, should outbid Nehemiah in any cause of God. 1 Kings. 11.9. Rather let the malignancy of malignant opposers enflame your zeale for the Truth. O that we could now all close this day of humiliation, with the proper worke of the day, covenanting with our God, making it our sealing day; Nehem. 9. 38. At a solemne Fast, Princes, Priests and Levites, did make a sure covenant, write and seale unto it. Let us this Day, not onely give earnest, for the purchasing of Truth, by the fixed purposes of our hearts, but even give as it were hands and seales, that we will never sell the liberty, purity, or power, of Religion upon any termes. Will you please to these particulars? First, That you will not sell Truth out of carnall feares; you have a good invitation to it, Rev. 21.7,8. ho nikōn he that is over-comming, not he that hath overcome, shall inherit all things, and I will be his God, and he shall be my sonne, But the fearefull and unbeleeving shall have their part in the lake that burneth with fire and brimstone. Read over the story of Francis Spira with trembling, who out of such feare betrayed the Truth. After he had gon to Venice to the Popes Legate, with whom, out of carnall feare, he complyed, craving pardon of him, and yeelding to recant that religion he had publickely professed; when he returned to his house, he could not rest an houre, no not a minute, nor feele any ease of his continuall anguish; from that night he was much terrifyed with horror, and as he confesseth, He sawe plainely before his eyes all the torments of hell and the damned; and in his soule did heare the fearefull sentence, being drawne before the Judgement seate of Christ. Hold fast the Truth, let faith triumph over feares. If Peter will deny and forsweare his Master, at best he must returne by weeping crosse: Matth. 26. 74.75. many are irrecoverably smitten with that Thunderbolt from the Lord, Heb. 10.38. If any one draw backe, my soule shall have no pleasure in him. Secondly, That you will not sell Truth for your own private advantages. It was a wretched carriage in Demetrius, and his fraternity, who out of love to their owne gaine, did combine and consult how they might undermine and betray the Truth. Act. 19.24,25. Sirs, ye know that by this craft we have our wealth; This made them so zealous for their Diana; and so fierce against the Gospell; If Truth doe prevaile, Diana must downe, and then farewell their profit. Resolve rather to resemble Moses then Demetrius, who, Heb. 11.25. Chose rather to suffer affliction with the people of God, then enjoy the pleasures of sin for a season. His Faith did so rightly enforme his Judgement, that he counted the Reproaches of Christ, (which seem the bitterest thing in Christianity) greater riches then the treasures in Egypt, ver. 26. How much did he then preferre the Consolations, which come by Religion, before all worldly excellencies? Such a spirit was in Luther, who when he was offered to be Cardinall, if he would be quiet, replyed, no, Not if I might be Pope. He had an holy scorne to be put off from his Religious designes, by such withering petty things. Thirdly, Sell not Truth for politicke State ends. When you come to settle Religion doe not deale onely like politicians, but like Christians. Worldly wisedome in the things of God is a rule too short, too crooked, too partiall, yea foolishnesse with God. 1 Cor. 3.19. Ieroboam would play the politician in Religion, he sold the true worship of God for his State ends, and for ever inherits this as a blot upon his name, 1 King. 15.30. Because of the sins of Jeroboam which he sinned, and which he made Israel to sin, by his provocation wherwith he provoked the Lord God of Israel to anger. Most renowned was the zeale of King Edward the sixth for the Truth, when upon reasons of State he was pressed by Cranmer and Ridley, to give way to the Masse; he refused it with so much resolution, with so many teares, that they acknowledged he had more divinity in his little finger then both they. In things about meum & tuum, that concerne our owne interest, we may be more liberall, but in Church affaires the word of truth must guide us. It is not in our power quicquam hic aliis dare, aut in aliorum gratiam deflectere; we may not therein gratify one another. Calv. Epist. prot. Angl. Fourthly, Sell not the Truth for pretences of Church peace. I confesse the name of peace smels very sweete; and now especially (in the midst of such Church distractions and such wantonnesse of opinions) were to be purchased at any rate, except with the losse of Truth; Eph. 4.3.13. It is a most lovely sight to see unity of peace imbrace unity of faith; to behold the household of faith, the family of love; O that we could all observe the present breaches with the same affectons that Augustine did the differences betwixt Hierome and Ruffine. Hei mihi, qui vos alicubi simul invenire non possum. Aug. Ep. 15. Woe is me that I cannot find you both together, I would fall downe at your feete, with much love and many teares I would beseech you for your selves, and for one another, and for weake Christians for whom Christ dyed, that you suffer not these dissentions to spread, &c. 2 King. 17.33. But, in the meane time, we must not be such reconcilers, as to bring in a Samaritan Religion, an Interim, an uncomfortable mixture. We must not receive Babylonish inmates into the Lords House. Light and darkenesse, Truth and error, will never long dwell quietly together. Fifthly, Sell not Truth for the pompe of humane Ceremonies. Admit that Ceremonies were first let into the Church, with the faire intention of the guiders and leaders; and entertayned by the credulity of well-meaning people, before the mystery of iniquity was much knowne; yet since, being so superstitiously abused by the Pope and his party, and so rigidly pressed, for the upholding the pompe of Prelacy, with no small disadvantage to the Truth; let us part with them, rather then sell any sparke of Truth for them. Never say they are ancient. Jesus Christ is my antiquity, saith Ignatius. Emoi archeia esti Iēsous ho Christos. Ignat. epi. ad Philad. We must look for antiquity of Institution not onely of Custome. Never say, they are indifferent. If indifferent onely, and not expedient, they may the better be spared. Others will say, our Doctrine takes off the Scandall of the Ceremonies. However, better have the stumbling blocke removed out of the way, then to have a monitor appointed to give you warning of it, he may fall asleepe, and then you are in danger. Quid si vel non satis attenti sint monitores, vel frustra ploreque moneant? Beza. ep. 8. Grindal Anno 1548. Many tender consciences wish the same successe about our Ceremonies, that was in King Edward the sixth his dayes, about the Images. Some people contending for one Image, others for another, gave occasion, that the King tooke downe all. Who knoweth whether God hath called you to this Parliament to accomplish this amongst other services? Ester 4.14. If you doe fully come off, to give in your hands, your hearts, your sealing actions, that you will not upon any termes sell the Truth, as you tread in good Hezekiahs steps, I doubt not but the Lord will Crowne your piety and paines with his Diadem, 2 Chron. 31.20,21. Thus did Hezekiah throughout all Judah, and wrought that which was good and right, and Truth before the Lord his God, and in every worke that he began in the service of the house of God, and in the Law, and in the commandements to seeke his God, he did it with all his heart and prospered.

Religion

A SERMON PREACHED AT the Fast before the Honourable House of Commons. Proverbs 23.23. Buy the truth, and sell it not.

The trade of truth advanced in a sermon preached to the honourable House of Commons, [...]

RelA1653

1 Cor. 14.1. Follow after Charity, and desire spirituall gifts, but rather that ye may prophecy. Diōkete t ēn agapēn zēloute de ta pneumatika, mallon de hina prophēteuēte Follow after Love, and be zealous of the gifts of the Spirit, but more especially of an ability to prophecy. IF the words might admit of this sinister construction, Persecute Love and banish it the Church, be ye likewise envious about spirituall things and contentious pretenders to the Spirit; we could shew in this present age an exact conformity to the Apostles exhortation, and you might all beare me witnesse that in these our dayes this Scripture is abundantly fulfilled in the practise of many; nay, hath been fulfill'd in the eares of this Congregation. But then S. Paul must run counter to the whole tenour of the Gospel, whose new Commandment is, Love one another; and contradict himself, who elsewhere reckons echthrai, ereis and zēloi, hatred, strife and contention, among the works of the flesh. Gal. 5.19,20. No, Pursuite after Charity, and such an endeavour after spirituall endowments as may consist with Charity, are undoubtedly the duties commended unto us by the heaven-inspired Apostle. How tumultuous and disturbant soever counterfeit inspiration, or vaine and bold arrogating of divine light may prove to be; the Spirit of God, and an earnest striving after the gifts thereof, do very wel joyn and must stand in conjunction with that perfection of the Christian Law, that kath' hyperbolēn hodos, that more excellent and surpassing way, which S. Paul promises us in the 12 ch. of this Epistle and the last verse, and further shews us in the 13 ch. and then concludes that encomium of Charity with the words of my Text, Follow after Charity, and desire spirituall gifts. Follow after Charity] That is the first part of his exhortation. As if he should say, Be ye indeed the Disciples of Christ, having that distinguishing mark and character of Christianity, Love or Charity. First be true, reall and living Christians: then be able Christians, men fit for employment in the service of the Church. And this speaks to every particular member of the body of Christ. This is a grace of particular concernment, nor can any plead exemption from this duty by reason of private condition or degree in the Church. Indeed all are not Eyes, all are not Heads, but all may, all must love. It suits well with the state of every Christian, and hath no contradiction from the rules of order and decorum in religious Societies. These spirits, this warmth must diffuse it self into every part of Christs body. All must love, or cease vainly to professe the Gospel of Love. No circumstances can dispense in this everlasting law of Love. All must love, and all must be loved. As its subject, so its object is universal, God, Christ, our neighbours, nay our enemies and persecuters must be requited with love. And if enemies, much more our Brethren in Christ, men baptized into the same Spirit and profession of our most precious faith: which, I conceive, is chiefly the love inculcated by our Apostle, which we must pursue. Diōkete. First, as that which is subject to fly from us. It is strange to consider how apt this so pleasant and necessary a grace is to vanish and slip out of the hearts of men. How easily doth this saving and healthfull heat expire, waxe cold, or turn into violent and scorching flames? In the primitive times, this holy fire, though but newly descended into the hearts of believers, yet presently was in a great part put out by schisme and contention. None have greater ground to love, or stronger arguments to charity, then we who have embraced the Christian faith, yet none more prone to variance and uncharitable animosities. It is not for nothing that the Founders of the Church (the inspired Apostles) insist so often upon this commandment of Love, and that S. Paul musters up such effectuall enforcements, Phil. 2.1,2. I know not how, but there is, I am sure, a strange averseness from Love in the hearts of Christians, and every thing administers matter of hatred and mutuall abhorrence even to the servants of Love. Pursue then Charity, which is ever and anon in danger to be lost and perish, which is each while ready to take its wings and depart from the World; nay from the Church it self, more especially. 2. Pursue charity, though it be to be pursued, though it cost you intention and constancy. Pursue it through difficulties and all manner of obstructions. Go on resolved against all impediments and letts whatsoever: yea, though you meet with Spirits that recoile and start back at the very mention of an accommodation, that seeme to abhorre all union and reconciliation (and such Spirits there are in the Church) yet even here follow love, that thus flies from you. Blessed are the peacemakers; blessed are the seekers of peace, that contend earnestly for love and unity, as well as for the truth. Blessed are they that extort peace and love, and force it upon the unwilling: they that by their pliableness and gentleness shame the perverseness, and conquer the refractoriness of the stubborn delighters in dissention. Christians must not stand upon their termes one with another. It is no disparagement to make the first motion to union, and to be leaders in this great duty of Christianity. Nay, rather it is an high piece of honour to condescend to others impotencies, and make the first overtures of peace. There's scarce an higher expression of him who brought peace to us when we were enemies, and of that God, who by preventing love gave life to a return of love in the brests of beleevers, that God, who beseeches his weak and despicable enemies to be reconciled unto himself. Follow after Love, even when men turn away from it, and refuse to admit the profers of a sweet accord. 3. Pursue it earnestly, because it is well worth the greatest vehemency and intention of spirit. It recompences the paines of acquiring it. In a few words: It is that which God delights in, that which God himself is. By this we possesse our own soules. By this we enjoy our selves, our Brethren, our allsufficient God. This disposes us to the receiving of gifts, and sanctifies gifts received, which otherwise would lose their use, viz. of benefitting the Congregation of the faithfull. A soul filled with Love is the fittest to receive the enablings of the Spirit, as being the likeliest to improve and make use of them to the edification of his Brethren. It is Love that draws forth and sheds abroad what strength and ability the soul hath received from the Almighty. 4. And lastly, Follow hard after Charity, for you then run so as to obtain. The earnest seekers of Love shall not labour in vain. Indeed, as for gifts, God dispenses them more arbitrarily, as in infinite wisdome he discerns to be best for his own glory, to be necessary for the Church, and to be most suteable to the Creatures condition. But this grace of Love is never unseasonable for a Christian to receive. Ask here, and you shall have this grace dispenc'd to you according to the utmost of your desires. For this God know's that you have absolute need of , as being necessary to the happinesse of the soul. And herein admire we the goodnesse of God, and the riches of his bounty and grace. Though gifts seem more simply for the publick manifestation of Gods glory, and to be wholly for his service in the Church, yet these he gives out not so ordinarily, not so infallibly: but graces which are indispensably requisite to the soul's welbeing, those he powr's out largely and in abundance. Indeed in his giving gifts, the bringing men to grace and happinesse is the end and designe: and in his withholding the effusion of gifts, he doth usually consult with the good of his servants, proportioning his dispensations to what they are able to bear. Yet neither is he backward in bestowing gifts, where he hath fitted the spirit for their reception, and where any gifts are requisite to the service he hath called his people to. For the second exhortation of the Apostle is not in vain, And desire spirituall gifts. Desire, covet, or be zealous of spirituall gifts] ta pneumatika i.e. as you have it the 12.ch.v.31. ta charismata, the gracious gifts of the Spirit powred out upon the soul for its enablement in the knowledge of the things of God, in dispensing the Truths of the Kingdome, and in the service of the Church. These are to be desired, and that seriously and strongly. For you must remember that a Christian, as he indeed should be, a Christian (I say) whose first duty is to follow after that soul-widening grace of Love, is of a more enlarged spirit then to be satisfied with, and idly sit down in being happy himself onely. He is called out beyond his own private and particular interest, and so farre partakes of the divine infinity and goodness, as not to be streightned and confined to his own Being: but is very desirous that others likewise be admitted to a participation of the like blessedness. Even thus was the nature of our heavenly Father, whose goodnesse staid not in his own absolute Allsufficiency and selfcontentment, but prompted him to a communication of himself to his creatures. And thus is it, thus ought it to be with a Christian. He must desire to spread and diffuse himself for the benefit of his Brethren, his Brethren both of the Church and according to the Flesh. Not onely must he be good himself, but do good unto others. So devoted are true Christians to the glory of God, so enamoured of the excellency of that transcendent and unexpressible goodnesse, that they cannot but earnestly desire that it may gain a generall adoration and reverence throughout the whole Creation. To be willing to spend and to be spent in the service of Christ their Lord, and for the magnifying of his righteousnesse, is the ardent and constant affection of a Gospel-enlightned soul. And upon this foundation is the Apostle's precept here built. It is not a covering preeminence, or to be more considerable then others, to be lookt upon by the rest of their Brethren, and to be eminent in the world: this is not (I say) the reason, why they are to desire spirituall gifts. Ambition were a lesson very naturally learnt, and to desire to overtop others is commoner then that it needed any provocation. But Christian emulation is not founded in Pride or Self: but in a reall sense of their own engagements to God and their Lord Jesus, and a godly, holy and ingenuous shame for their own unanswerable returnes, and backwardnesse represented fully and visibly to them by other mens activity. They desire not that their Brethren should be lessened, but would willingly themselves likewise contribute to the work of the Lord, and do something for their gracious Father. It is Gods glory in the good of our Brethren that grounds the Apostles counsell to these his Corinthians: and that fully appears by what he superaddes for further direction in this their desire, But rather that ye may prophecy] It were a great perfection to proportion our love, desire and other affections to the reall nature of their objects. Herein men miscarry chiefly in ordering and graduating their affections. Their passions and inward motions exceed their causes and motives in the things themselves. The Apostle here wisely directs his Corinthians to a preferring of prophecying, i. e. an abilitie of understanding the mysteries of the kingdome, of explaining Scripture, of praying and praising God, foretelling things to come, and discovering the secret and hidden things of men: all which this discourse concludes under Prophecying in its latitude [See judicious Mr. Thorndike in his Christian Assemblies.] But why prophecying rather then tongues, rather then miracles? You have in the 2, 3, 4 verses of this chapter, the edification and benefit of the Church. And thence I conceive the chief end of the former precept is easily concludable to be the good of others. The order is; first Love, then Prophecying, then the rest of Spirtuall gifts. Prophecying hath its preeminence as coming nearer to Love, and being in its usefulness and edifying a fuller expression of it, then the other gifts. You have thus in short an account of the Apostles advice. It remains, that we come to our main designe, to accommodate this precept of our Apostle to the conviction of the present age, and direction of my present Hearers. The Apostle warrants a reproof both to the bitterness and uncharitableness of our modern spirits (to the malice and envy of our new-upstart pretenders to the Spirit) and likewise to their pride and ignorance (I know not which of them or whether both be the ground) to the pride, I say, and ignorance of these late despisers of the gifts of God in the Church. I. Discerne hence how Apostolicall and Gospel-like they are, who set themselves to stirre up Christians against Christians, who make it their designe and service of God to fling the Firebrands of contention into the Church, and to exasperate mutually the spirits of Brethren. These are they, beloved, that trouble you. These are they that, where ever they come, leave the sad memorials of their once being there, in the distractions and heart-burnings whereof they have been Authours: while they industriously divide betwixt believers and believers; being never well but when they have set a whole Church in an uproar. These are they that separate betwixt Pastors and their flocks, hindring in the mean time the building up of the Church. Give me leave a little to characterise these men, in which I shall use plainnesse and freedome, but not exceed the bounds of truth and sobriety. 1. They are gone out from the Church of God, seek to withdraw others from its communion, and that under pretence of new light and further clearing up of truth. So 'twas in the very times of the Apostles 1 John. 2.18,19. 'Twas not a vain protestation of S. Paul, nor merely an asseveration of the truth of his Gospel Gal. 1.9. If any man preach any other Gospel &c. nor do I think that such language is of a fresh date, "Come out, come out from amongst them; for it is better for you, though there be but two or three of you, to assemble and meet together in private, then to communicate with these men in their false Ordinances." Long before our times the Devil himself had his sentences of Scripture upon occasion, onely alleadged by him more pertinently then usually theirs are. I need not put you in minde that the False-teachers had their Spirits and Inspirations and doubtlesse couched their impostures in Seraphicall language. Indeed, I should much question whether these men really conceited that they are guided and enlightned from above, but that charity commands me rather to think them (sadly) deluded, then to be Atheisticall and diabolical seducers. A confident boasting of dictates from above is not sufficient warrant that the doctrine is heavenly. Without better evidence then their bare word, we may modestly suspect that they are nothing but the distempers of a disaffected brain. The strongest impulses and setlings upon mens spirits never make me think a designe the more lawfull. Nor, I think, is any man's persuasion, how firm and setled soever, ground enough for a sober man to admit him for an inspired Revelatour. The Jews demand of our Saviour to shew them a sign had been rationall, if the heavenlinesse of his doctrine and the allmightinesse of his works had not given formerly abundant testimony to the authority by which he performed the office of Mediatour. An infallible Revelation being more incredible then the truth of an Assertion requires the more solid confirmation. The Apostles went not abroad to publish things in themselves nothing monstrous, and which they themselves had been eye-witnesses of, till they backed them to the world with a miraculous power & extraordinary visible presence of the Spirit. 2. They bring up an evil report of the Ministers of the Gospel, and instill into their Congregations sinister apprehensions of their calling, fidelity and ability. Such S. Paul met with in the Churches of his charge; and thereupon is often forc'd to apologize for the truth of his Apostleship, his own integrity and the grace of God given unto him. Onely his adversaries were not quite so senselesse as ours to make his learning an accusation, and his persuming (if that be the word) his divine discourses with sentences of Greek Poets. It is a strange use of Scripture to furnish ones self from thence for declamatory railings. Yet I am almost perswaded it is a main thing some men take notice of in reading the Bible. Your Ministers (say they) speak Hebrew, Greek and Latine. If in a meer popular Audience the greater their vanity. Though, we have hence more probable hopes that they understand the Scriptures in their native expressions: and this is no prejudice, if they afterward interpret it to the people. The learned languages may offer more to their thoughts and enlarge their conceptions, and may be a short memento of what they intend further to explain to their Hearers. But why not Hebrew, Greek or Latine, where a great part of the hearers understand it? Must it needs be ostentation here to confirm an exposition of the Word of God from the originall Text, or to shew this is not onely their private fancy? Every one doth not delight to appear the broacher of a novel conceit; nor is it needlesse sometimes to remove the suspicion of such an affectation. Is the consent of men formerly eminent in the Church of God unfit to be known? or is it no way profitable to shame Christians from the very examples of Heathens, and condemn their ignorance and loosnesse out of the mouths of unbelievers? A devout soul hath very good occasion to render thanks to God for the glorious light of the Gospel, when he hears the errours of those times of darknesse touch'd upon in the pulpit. But still their calling is Antichristian. Why so? Because they are sent by men have Academicall Degrees and Ecclesiastical Ordinations; whereas the true Ministers of the Gospel of Christ are immediately sent by God, & their Function is not of their own seeking. It is true, Moses was sent by God, though he were unwilling to go. But sure Moses his diffidence and fear was none of his commendations and fittings for his Ministery. S. Paul, I am sure, allow's of him that desires the Office of a Minister, in 1 Tim. 3.1. Moses was sent immediately by God, as receiving a new Law and going upon a new work, but the expounders of the Law were of humane ordination by divine institution. David was chosen by Gods particular appointment to be King, yet his successors were truly Gods vicegerents to Israel. Christ and his Apostles had an immediate mission and withall a warrant to appoint Presbyteries for Ecclesiasticall Ordination. For University Degrees, certainly (but that some men have a minde to cavil upon all occasions) they are easily discerned to be but a civill constitution, and a publick witnesse given to approved and known learning. (So they should be and were intended.) Nor were they ever required by any to a Minister any otherwise, then as an orderly approbation given by men that are in all probability best able to judge of progresse in learning. The Ministers of our Church have not their authority from men, barely as men, but as endowed with power by warrant from Apostolicall and primitive practice: and their not daring to preach pastorally without this power is no reliance upon man, but a modest submission to the custome of the primitive Church, and a conforming to the order of a Christian society. Indeed he may say any thing, that dares undertake to prove against all Universities, that Christ under the New Testament hath erected and constituded a new Ministery, not through any Ecclesiastical Ordination, but merely through the Unction of his Spirit: and that there is but one onely Ministery of the New Testament, which is common to all men alike, who have received the Spirit of God. Yet this the Authour of the Stumbling-stone dares maintain to be the Word and Truth of God: I suppose, against the Word of God it self. The next craft of undermining the Ministery is a branding them with unfaithfulnesse in their Charge; and that in not preaching the Truths of God sincerely, and in preaching for gain. The Ministers of the World and Antichrist (for thus runs their language) mix Philosophicall notions and sublime speculations, which the spirit of Christ ha's forbidden; they mix the Law with the Gospel, preach Morality, and onely the letter of the Word. In short I shall answer to this, that a discourse fitted to the capacity of the Auditory, an improving Philosophy in subservience to Divinity and the truths of God was never in the least measure forbidden by the Apostle. What illustrates the doctrine of the Gospel, and shews (as farre as may be) its consonancy to naturall light, can in no sober sense be called vain Philosophy. Secondly, To presse duty and good works, to reprove and convince men of sin, is to preach nothing but the Law of the Gospel: and he who severs these in his preaching, does sympathise with those whom Peter foretells of 2 Pet. 2.19. who while they promise them liberty, they themselves are the servants of corruption. If direction of life and manners be preaching Morality, our Saviour and his Apostles have abundantly warranted it. Nor did I ever hear any that preach'd Metaphors or Types in their literall and proper sense. If the Gospel of Christ explain'd according to its genuine signification be not spirituall as much as preaching and words can be; I must confesse, I am to seek what is meant by spirituall matter. But the strongest Argument, and most taking with the people, which many of them believe, because they would fain have it so, is, the unlawfulnesse of receiving maintenance for preaching. As for those who preach merely or chiefly for gain, or for popular applause, I leave them to God and their own consciences, as yet not seeing into mens hearts. Yet, I must needs say, our Saviours rule is good, He that is without sin, should cast the first stone: and Rom. 2,1. Thou art therefore inexcusable, O man &c. is a very rationall and considerable admonition. But do all prophecy for hire and vain-glory? do all seek their own? could there be no exemption for any? but must all be jumbled indifferently into the accusation? could they discern none amongst our reverend Clergy, in whom they might finde visible marks of humility, self-deniall, and deadnesse to the world? Blessed be God, this whole Assembly can bear witnesse to the falsehood, let me be bold to adde, to the more then Divelishnesse of this accusation. Satan durst accuse Job onely upon suspicion; he had not the impudence to deny but that he was a man of an exact conversation. See, beloved, in the first of Job, the first pattern of instilling jealousies concerning the perseverance of the servants of God. Tis true, saith the Devil, Job serves God, but it is not for nought; stretch out thine hand against him, and he will curse thee to thy face. Thus maliciously do our adversaries prophecy the revolt of our Ministers in time of Persecution: and quiet submission to the Providence of God in civill alterations, can to these mens charity seen no lesse then time-serving and forsaking of the Truth. The truth is, I am confident they are cut to the heart that all men of an opposite party are not so rash as to run themselves into danger by opposing the changes of Divine Providence. Notwithstanding, were the truth of Christ become matter of reall hazzard were the Gospel, and its preaching and profession conjoyned with danger of life or estate; I prejudge no mans constancy, but I foresee the grace of God to be most eminent in many of our present Ministery: and I doubt not but by Divine assistance, the present Fathers of our Church would go on to suffer the greatest extremities for the Testimony of a good Conscience, and to fill up what is yet behinde of the patience of the Clergy. However, in all this the miscarriages of some can never bear out a generall accusation, and they will one day answer it to Christ that so indistinctly calumniate the Ministry, and blow the Trumpet to an unchristian separation. For the abilities of our Ministery (which is the third part of their charge) the truth is they are even to these men matter of envy, and therefore of contempt; and where our Ministers are fairly heard without prejudice and passion, they can abundantly evidence their abilities both in confirming their doctrine, & refuting their gain-sayers. They are men, who can maintain the Truth against the greatest subtilty of opposers, judicious men being judges, and yet never fly to multitude of words, an impertinent heaping up of Scriptures, or that sorry refuge of their own private infallibility. Their evidence, conviction and demonstration is reall, not merely in the noise of their speech and the heat of their passions. Let their adversaries try, and they will finde the hand of the Lord and the assistance of truth to be on the side of our Church. Nay the hand of the Lord is visibly with our Ministery, their disciples are their epistles, & they can shew the seal of the Spirit descending from heaven into the hearts of their Auditours. If reall conversion be not so frequent as formerly in our Assemblies, whom may we thank, but these very Schismaticks, or men of a like spirit, who have retarded the work of the Lord, stagger'd the faith of men, and, what in them lay, made ineffectuall the sound and sober preaching of the Gospel? Our Minsiters have gone in the strength of the Lord, and in the strength of his arme have (long before these men were born to the distraction of the Church) prevail'd over spirituall wickednesses, and the methods of Satan in the hearts of their hearers, bringing them to a true sense of the wayes of God and the reality of Gospelrighteousnesse; that righteousnesse that consists not in a form of brave words, raised imaginations and Fanatick Raptures; but in godliness, justice & sobriety, a deniall of ungodlinesse and worldly lusts, which farre exceeds all the Pharisaicall righteousnesse of Enthusiasme, leading to a neglect of the greater and more weighty things of the Law, being no better then a puffing up the minds of men with aiery fancies and a principling them with a spirit of Giddinesse and religious Frenzy. This is the second mark of Impostours, to bring contempt on the Ministery of Christ and his Ordinances. (for so we dare call our Prayer, handling the Word, and dispensing the Sacraments, till our adversaries bring more considerable proofs against them, and shew wherein we have materially departed from the primitive practise.) 3. They are self-conceited, pleas'd with themselves ( authadeis 2 Pet. 2.) conceived of their own conceptions: they desire to seem somebody (dokountes einai tines) seeming, or, as some render it, bragging and boasting that they are somebody, that they are and speak something worthy of especiall notice. Hence, beloved, are those expressions obvious in their exercises to the people, Mark that, It's a thing you never heard before, This the worldly and carnall Church sees not. It is our comfort that they call us carnall and worldly Church upon no other account, then (as I can easily make good, and any may observe from the Epistles of S. Paul) our conformity to the Apostolicall admission into Church-fellowship, who never requir'd any more then submission to Baptism into remission of sinnes upon a believing Christ to be the Messiah. But (I speak mine own knowledge) these phrases do preface oft-times nothing but ordinary and common Truths, which every one learns in the first Rudiments of Christianity, and which, to my remembrance, have been more fully and plainly delivered by our Ministers before these times of confusion; onely they must seem to speak new things to keep up their credit for new discoverers of truth with the common people, when all is but sometimes a new and fantasticall dresse, and delivering of truth Paradoxically, that is, upon the borders of non-sense and errour, not to say sometimes blasphemy. Reduce but their sayings to common plain & ordinary language, & you will finde nothing but the common conceptions of every ordinary Christian. It's just with these men as with a young scholar in Logick, who thinks that he is come into a new world, never observing that it's the newnesse of terms onely, but that the conceptions were naturall. And this is their way of preaching truth out of contention. Nay they go further, they set truth against truth, Promise against Precept, and the grace of God against mans duty, rather then not make a sufficient breach for the spirit of contention to enter into the Church. And what is it but overweening of Self, that every suggestion, in plain English, every crotchet in Religion that comes into their heated brains, must needs be the illapse of the Spirit, a divine Revelation, and of farre greater importance then the peace of the Church? 4. 2. Pet. 2.10. They speak swelling words of vanity. They use words of deceit, subtilty and ambiguity. How do these men love to walk in the clouds, to speak above the understandings of men, off and on, with an industrious kinde of confusion? Is this the plainnesse and simplicity of a Gospelpreacher? is this for edification, to give such an uncertain sound, to leave the hearers in a mist of words and dark expressions? are these interpreters of the revealed will of God, when the very Text it self is more easie, plain and familiar? Indeed, sometimes I conceive it's necessary that they should avoid plainnesse, lest the absurdnesse of their doctrine should be conspicuous to the meanest understanding catechiz'd in the knowledge of Christ. I might adde truely, that they speak then most confusedly, when their language (if not fully apprehended and with due allowance) administers matter of licentiousnesse, and is destructive to the wayes of godlinesse and true holinesse. They care not what scandalls they lay before people, and indeed speak as if they intended to be mistaken, that so they may render themselves more suspicious to godly Christians then indeed they are. Blessed are they that are not offended at Christ: and they should remember that there is a Woe to them by whom offences come, to them who give occasion to others to make shipwrack of faith and a good conscience. These men speak not onely swelling words of vanity, but, which is worse, put vanity and emptiness into Scripture-expressions, crowding them together so as onely to make an emptie, insignificant and ineffectuall noise. There are other Characters 2. Pet. 2.10,12,14. They despise government, presumptuous are they, self-will'd, they are not afraid to speak evill of dignities, they speak evill of the things they understand not, beguiling unstable souls; an heart they have exercised with covetous practises, &c. I dare not say, 'tis an exact and plain Character of these men, but there are abundance of the expressions of that Chapter apparently verifide in our present pretenders to the Spirit, and, I doubt not but the Characters of Antichristianisme, and the Mystery of Iniquity, if you read those who apply them to the Gnosticks, will be discover'd to be very applicable to the spirit of Enthusiasme. I remember some reject that interpretation which refers all to Gnosticisme, as not seing any Mystery in the Iniquity of those Libertines. If that be all the scruple, they may now, in these their children be furnish'd with Mysteriousness enough, and see the grosseness of Impiety vail'd over with a glorious appearance, those glorious titles of the Mystery of the Gospel, the Kingdome of God, the Kingdome of Christ, and the like. Lastly, I shall adde but one character more, They love to domineer over the flock of Christ, and to set themselves in the place of God. If censoriousness and judging, if visible pride and haughtiness of spirit have any relation to this; you may guesse, that though as yet they force not and impose not with authority their fancies upon others, yet it is onely because their time is not yet come; but their spirits are neare ready and prepared to be as tyrannical as any. For my part, I discerne somuch into their spirit, that could these men accomplish their desires to speak the least, happy were the Protestant that lived in France, whose condition would be much more tolerable there, then under these cryers up of Liberty of Conscience. Alas, this profession of moderation, this seeming tenderness, is the onely way to get up into the saddle. I never dare trust him with power, that is beforehand so good at slandering, reviling, and the persecution of the tongue, and hath already laid the foundation in his own Infallibility. And what equality their wayes shall have, if we would give way to every probable ground of suspicion, might easily be discovered from their present demeanour amongst us. 'Tis true, they preach that all must be carried on by the power and might of the Spirit, but I am sure they fly to visible power, and invocate the secular arme. For all their brags, their confidence is plainly not in the Lord, not in the truth, but they desire more then security and encouragement from a temporall power. You see, Brethren, in part who are the disturbers of our peace; and may now a little apprehend by what spirit they are carried forth, and what strangers they are to the precept of following Charity. II. Discerne hence how contrary to the Apostle they are that despise the gifts of God, that cast contempt upon the abilities which he hath bestowed upon the Ministery, that strive to discourage the endeavours of the University after the gifts of God, that make the very foundation of the Universities, the very seeking after the gifts of Gods Spirit and after abilities for the Ministery, a piece (nay the top) of their imaginary Antichristianisme. Is not this the meaning of the University reproved by the Word of God? For, what are the Universities appointed for but to fit men thence for the work of the Ministery? But they were instituted in times of Ignorance and Superstition. The more shame for us, who pretend to light and more glorious breakings forth of truth, not onely to come short of the piety and zeale of darker times, but to oppose our selves to that little appearance of religion that the providence of God even then reserved. Yet I feare, even the prudence and sincereheartedness of those times, if duly consider'd, will outweight the greatest part of what we now call the Wisedome which is from above, the Gospel-light, and the revelation of Christs Kingdome. I have but a word of Exhortation to the University and the rest of mine Hearers, and then I shall conclude. I. Follow all after peace. University with Town, Scholars with Scholars, study peace and charity. I need not tell you how acceptable to God, how worthy of the Christian calling this duty is. What do we by our dissentions but furnish our adversaries with matter of calumny? We have one God, one Faith, one Lord Jesus, we are members of the same Church, seek after the same truth and (I hope) mind the same end, the glory of God in our own and each others salvation. The truth of Christ, the Being of our Church, the continuance of a Christian Ministery are in plaine English the things struck at; and shall we strive, while the Canaanite and the Perizzite are in the land? Be we then united in our selves, and let this stay our animosities, that in greatest dissent, we all aime at truth, and endeavour to discover it in love to each other. II. Desire spirituall gifts. It is false that we seeke to monopolize the knowledge of Christ and the work of the Ministery. Would God all the Lords people were Prophets! I would our Universities were needless to the Ministery, and that all (if God saw it good) were so fully instructed in the wayes of God, and so active for God, that they needed neither teaching nor quickening. What ground there is for a future expectation of such times even in this World, I must confesse I am not so satisfied in some mens proofs, nor yet desire to contend about it. But I hope we should all be ready to sit down rejoicing in so glorious an appearance of God, and be contented to rest from our labours. But this is not our present state, nor can I see any probability of its neereness, unless in the general defection and degeneracy of this present age. Sure till then, we must proceed in the trodden paths of the Christian Church, and seek the Lord in the way in which formerly he hath been found. Desire spiritual gifts, be zealous of them In Prayer, In Endeavours. 1. Pray for abilities. Though we are not so sensible of it, though we are not as to this (I feare) so conversant in prayer, though others refer all to industry and humane helps, yet remember it is God that bestowes these abilities, it is the Spirit of God that sanctifies, that succeeds your labours. There's asmuch need of prayer as to the successe and fruitfulness of our studies, as to beg our daily bread. Except the Lord build the house. Except the Lord watch the City. and it is as true, Except the Lord give in his blessing, except he water our studies, we sit up late and rise up early to no purpose. It would be good to fetch all our learning by prayer, and to take more notice of God in our getting abilities, that we might the better remember him in making use of them. 2. Labour after abilities. This is included in the word zēloute. and this precept seemes to me to be the Charter granted by God himself for the foundation of Universities and erecting of Schools preparatory to the Ministery. by this authority we come together hither to study. What though we pray? doth that exclude endeavour? or are endeavours and prayer inconsistent? Can we not receive from God upon our Diligence? and are the gifts of Gods spirit unworthy of esteeme, unlesse they drop (as it were) into our mouths? But these gifts are humane, acquired by industry. To this I shall answer briefly, & according to the time & nature of this present exercise, in these particulars. 1. Abilities for the Ministery, and such for substance as were immediately and miraculously infused in the Apostles times, such as are necessary for the work of the Ministery, are acquirable by humane industry, by diligence and study. The knowledge of Gods will and the truths of the Gospel is attainable unto now by industry, and only by industry. It is true the Spirit of God is able to reveal the mind of God immediately, even now as well as formerly. But you know the Law was once delivered to Moses by immediate revelation, but recorded for the following Church. The Apostles have already delivered the mind of God and the truths of the Gospel: now they are to be read, to be inquired into and meditated upon. And must we read the Scriptures, and yet not understand their language? What though we have no reason to question but most is truly translated, and we can testify from our own experience the reality and certainty of many parts of Scripture-Revelation? But may there not be yet something further couched in the Scripture, which may be usefully known in the Church? May not the Apostles expressions in their genuine and primitive forme, speak beyond the narrowness and necessary brevity of a translation? Do not the idiotismes and peculiar phrases of Scriptures impose many times conceptions upon him who is unverst in their natural dialect? Besides this, an ability to expresse our thought accommodately to the hearers, to perswade, urge and convince, to discover the consonancy and harmony of Scripture-truths, to presse truth home upon the minds of men, are things acquirable by art. To discover the mind of Scriptures by comparing place with place and weighing the connexion, i. to interpret Scripture aright, is acquirable by industry. And this was part, and the most necessary part of the gifts of the Spirit in a miraculous way in the Apostles times, which were by way of supply to their illiterate education, which God pleasing to make use of (for the manifesting of his power in the new-revealed Gospel, and giving testimony from heaven to the truth of his messengers) did not leave to its owne weakness, but made up with necessary and all usefull endowments. 2. Even in the primitive times industry was probably used. For it is not imaginable but that the Prophets of the New Testament instructed others by their inspirations, and that in order to their future prophecying. Besides that we find God making use of the learning of S. Paul, and of the learned Fathers of the Church in succeeding ages, who have been the more eminent in the service of the Church for their eminency in learning. S Paul despises his learning in comparison of the knowledge of Christ, yet makes use of it in his Epistles to believers. 3. Gifts are not now acquirable but by industry: where God affords meanes, where he gives ordinary opportunities, it is but presumption to neglect the meanes that are possible, and require a miracle at the hands of the Almighty. God hath in wisdome withdrawn that temporary dispensation, but hath otherwise provided for the Church in the wayes of his gracious Providence. Manna was in the Wilderness, but Bread must be made in the land of Canaan, where it may be made. God now gives out abilities upon our endeavours. Up and be getting for your selves: seek the Lord in the present way of his discovery, and affect not the lazy vanity of immediate illapses. Mind not that popular cavil of your being brought up to a trade & bound Apprentices to the University. They would have said the same of the Sonnes of the Prophets heretofore. Blessed be God, that by his Providence hath conjoin'd in our education our very lively-hood with serving him in the Church; and withall hath stirr'd up our Ancestours to a liberal provision for the labourers in the Word and Doctrine, and to a confirming it by so undoubted a legal right of propriety to the Clergy. Do you your duty in a consciencious dependance upon God, and confidently expect his blessing upon your labours, confidently expect his protection. Go on still, you (Reverend Fathers) whom God hath plac'd in the government of the University, to encourage, stirre up and quicken the studiousnesse of those whom Providence hath set under you. Minde you, Men Brethren and Fathers, your duty, maintain strictnesse of discipline, profitablenesse of study and reality of learning: and maugre all the oppositions of malice and ignorance, the Universities shall be acknowledged the Eyes of the Land, the fountain of a godly and an able Ministery. Let us remove from amongst us what justly is reprovable, and the Nation cannot long continue so mad as to be offended at decency of Habits or orderlinesse of Degrees, much lesse at reall and beneficiall accomplishments. III. Make use of your gifts. Desire them to edifie the Church, and imploy them in so glorious a designe as to be fellow-workers with Christ, his Spirit and his Apostles. And then rejoice in this, that the Spirit of God is ready further to enable you and to encourage you in his work, by a discovery of his efficacious presence. The industry, conscienciousnesse and humility of the Clergy would soon stop the mouthes of those that watch for an occasion to exalt themselves in the injury of our Church and Ministery. Lastly, You who are attendant upon the University-ministery, you who are the hearers of the so-condemned Clergy, think it no disgrace to be accounted men baptized into the University-spirit, still continue your attendance, and rejoice in this, that you are reproached for the cause of the servants of the Lord Jesus. When men return to sobriety it will be no dishonour that you stood by the discountenanc'd Ministery. However you'l have the comfort in your own souls, that you are innocent as to destroying the Church. Live but in the Truths delivered unto you by their hands, and fear not but God will yet provide for your instruction and being built up in the faith and love of our Lord and Saviour. I shall adde but one comfortable observation, That you may expect benefit and edification even from him who hath nothing of the spirit of God, but in gifts. Seek to God, and God may enable for your sakes and for your service, him who is unsanctified as to his personall respect. In a word, Rejoice we in the opportunities which God hath graciously provided, and is yet pleased to continue to us for our being trained up in the knowledge of Divinity and to the work of the Ministery. Rejoice ye in the gifts of God, which he is pleased to pour out upon the endeavours of the University. Let us make use of our means: and you of us, in the spirit of Love and unitednesse of heart, in the fear of the Lord. We shall patiently submit, if God for our other sinnes be yet pleased to suffer this to be the cause why our adversaries maligne us & execute his just judgements upon us, because we have for your benefit and the good of the Church followed after the gifts of the Spirit. Happy is every soul here present, if repenting of what really hath provoked God against the University, he can but enjoy the innocency of this suffering, because he hath endeavoured to be serviceable to God in the Ministery. The judgement then, if permitted, will not be a judgement to us, but to the Authours of our misery, whose giddy zeal or envious malice future generations shall curse. Nay, yet turn we from malice, pride and disorderlinesse of life, and we have preserved the University, and engaged God for his Ministery. The remainder of wrath he will restrain. May 10. 1653.

Religion

A sermon, preached at St. Marie's in the University of Cambridge May 1st, 1653.

RelA1669

Act. 20.28. Take heed to your selves, and to all the Flock----- IN the context we have S. Paul upon his Visitation at Miletus, vers. 17. And the Visitation, as this which is now holden with us, is Provincial, all the Clergy of the Province of Ephesus, being conven'd by this great Visitor, and appear before him, vers. 18. The Text presents you with a part, but 'tis the principal part of the Visitation Sermon, or as I may rather call it, The Visitors Charge to the Clergy of the Province. The first part of which charge is: 1. Take heed to your selves: To you my Brethren of the Clergy, is this Charge more strictly given, then to the Laity: For to the people God hath appointed Pastors who are commanded in the text to take heed to the charge committed to them: But who shall seed and Guide the Shepherds, who shall watch over the Watchmen, or Teach the Teachers? Ye are the salt of the earth, but if the salt have lost his savour, wherewith shall it be salted, it is thenceforth good for nothing, but to be cast out, and troden under foot of men, Mat. 5.13. 2. Take heed to your selves, is the first part of the Charge, And secondly to your Flock: The order observed in this Double Charge, is the next thing observable, which is the same observed by our Lord himself, in his charge to S. Peter, and in him to all Pastors of the Church, saying Luc. 22.32. When thou art converted, then afterward strengthen thy Brethren, and John 21.15. Simon son of Jonas, lovest thou me, and if so, it then follows, Feed my Sheep: Implicitly commanding all Pastors of his Flock: First to be themselves truly converted unto God, and their souls inflamed with the sacred fire of Divine Love, and then they may hope that their pains will be succesful for the feeding and strengthening the Sheep of Christ: That rule of Righteousness and Charity which is the sum of the second Table of the Law, Thou shalt love thy neighbor as thy self, commands this order to be observed, To love thy self aright in the first place, and then thy Neighbor as thy self: St. Bernard thus bespeaks every Shepherd of souls: Tu frater cui nondum est firma satis propria salus, cui Charitas adhuc nulla est, aut adeo tenera & arundinea, ut omni statui cedat, omni credat spiritui, omni circumferatur vento doctrinæ, quanam dementia quæso, aliena curare, aut ambis aut acquiescis? And upon Cant. 1.6. They have made me the keeper of the Vineyards, but mine own vineyard have I not kept; he severely checks and reproves himself, that he had taken on him the Cure of other mens souls, having not sufficiently cared for and cured his own: Et miror ---- I do much wonder (saith he) at the Impudence of those persons, that thrust themselves to be Labourers in the Lords Vineyard, whilst their own Vineyard is overgrown with Bryars and thornes: The Leper under the Law was commanded to have a covering upon his upper lip, Lev. 13.43. ut non docere alios præsumat ---- saith Hesychius: that no man presume to open his lips in the Congregation, for the instruction of others, who is himself infected with the Leprosie, either of sinfulness or error: for non est cadentis alium erigere: Plutarch: It is not for a man that lies in the dirt, to raise up another thence; not for that a man that is a sleep in his sins, to awake others from that spiritual sleep of death; That Proverb remembred by our Lord, Physician heal thy self, Luc. 4.23.18. chiefly appliable to the Physician of souls, who must begin at home, if he will work any cure upon the Souls of others. 3. But this is not all, for thirdly the Cure of a Pastors soul, is a more difficult task; as being to be perfected in a higher degree, then ordinarily can be expected from any of his Flock: For as our office of Priesthood, is more high, more eminent, more holy, so should our Conversation be, hoti angeloi en anthrōpois ----- St. Chrysostom, De Sacerdotio, As Angels above men, as Shepherds above their flock, as Masters above their Scholars, so should a Bishop a Priest a Pastor excell and transcend the people in wholsome doctrine and holiness of life: so the great Gregory, Tantum debet actionem populi, actio transcendere præsulis, quantum distare solet a grege vita Pastoris, ---- with much more to the same purpose, De cura Pastorali: A book which was once translated by the wisest and greatest of our Saxon Princes; King Alfred, and by him commended to the Clergy of this Nation; and a happy Clergy should we be, and holy Priesthood if the Instructions in that Golden Book, were well observed amongst us. 4. Take heed to your selves and to all the Flock] and both these joyntly and severally. To your selves: As to the Innocence and Holiness of your Lives, as becometh good Christians: And to your Flock, as Shepherds & Guides of souls: Under the Law, the Priests and Prophets of the Lord are frequently called the Angels of the Lord of hosts, Jud. 2.1. Mal. 2.7. And under the Gospel, the Angels of the Church of Christ, 1 Cor. 11.10. Rev. 2.1.8.12. --- And as we read of the Angels on Jacobs Ladder, ascending and descending from heaven, Gen. 28.12. so the Priests of the Lord should first take heed to themselves by ascending with the Angels into heaven, having their hearts and affections, their meditation and Conversation in heaven, Phil. 3.20. And withall take heed to the flock, by descending with the Angels from heaven, enriched with the word of Life, breaking unto them that bread which cometh down from heaven, and giveth life unto the world, John 6.33. But this joynt charge is sadly disjoyn'd and perverted, by such as take heed to themselves indeed, but 'tis not with the Angels to ascend, but descend, only groveling in the dust, and wallowing in the mire of Luxury, Riot, and Excess, Pride and Covetousness, the Pomps and vanities of the world, and the sinful lusts of the flesh, which every one, even the meanest of their Flock, hath solemnly abjured, when by holy Baptism admitted into the Fold of Christ. By such as take heed to themselves, but 'tis not in a spiritual but carnal sense; who will look narrowly to themselves, as to their worldly concerns, their Revenue and Income; but are too careless to the spiritual concerns both of themselves and their Flock, Who seek their own, not the things which are Jesus Christs, Phil. 2.21. Caring more for their Families at home, then for the Family of Christ, more for their bodily then for their spiritual relations, providing better for their natural heirs, then their spiritual successors in their respective places: And in a word, by all such as mind more the Benefice, then the office, more the Fleece then the Flock: All such do falsly wrest, and wickedly pervert, this double charge of the great Visitor in the Text: Take heed to your selves and to your Flock: To your selves, by being examples of holiness to your Flock; And to your Flock; as Shepherds, to feed and guide them, as Fathers to admonish and reprove them, and as Mothers to nourish and cherish them: For these are the four Essentials of a faithful Pastor: Holiness of life, soundness of Doctrine, Christian courage, Christian Charity. 5. To all the Flock] not to the flock at random, not to this, or that particular Sheep, that fawns upon the Shepherd, nor to this, or that Party or Sect, which agrees with his Humors and Opinions; but, To all the Flock impartially, and without Hypocrisie, and this first affirmatively, to instruct the Ignorant, to strengthen the weak, to confirm the wavering, to reduce the erroneous, to visit the sick, to comfort the afflicted, to binde up the broken in heart, to reprove the sinful, and to testifie against the stubborn and disobedient: Secondly Negatively, not to break the bruised reed, and quench the smoaking flax, Mat. 12.20. not to sow pillows under all Armholes, Ezek. 13.18. Not suffer them to settle with ease, and without reproof, upon the Lees of their sins, and the errors of their waies: Not to claw the scabbed sheep, and scratch the itching ears not to tickle and foment the petulant humors of the Factious, not to please those squeazy Palates, who nauseate the solid food of Gods Publick solemn standing worship, under the prophane and scurrilous name of Porridge, and for no other cause, but because it is like it self, ever the same, constant to it self: Like the Glorious Sun in the Firmament, which shines every day the same; which renders it a worship acceptable, as being herein most agreeable to the Immutable nature of God, the Father of lights, with whom is no variableness nor shadow of turning, Jam. 1.17. But the Itch after novelties in the Flock, in the Itch of popular applause or filthy Lucre in the Pastor, whilst the one scratches the Itch of the other: Hence the putrid Scabs of Schism and Heresie in the Church, of Disobedience and Rebellion in the Kingdom, are engendred. Against all such sinful Compliance, Take heed to your selves, my Brethren take heed to your selves, and to your vows and promises, Sacerdotal and Ecclesiastical, confirmed by your respective Subscriptions to the Articles and Canons of the Church, to the Injunctions of your Metropolitan and Diæcesan, to the Approbation and constant use of the Liturgy of the Church, and of that onely in publick: In which last particular, wherein the greatest part of the Ministerial Function consists, I cannot but testifie in this Assembly, so much concern'd therein: That there is utterly a fault amongst us; In that those Divine and excellent Prayers, and heavenly inspired Prayers of God, and that ancient and Constant way of Gods worship in Publick, is by many too much slighted and neglected, by many irreverently and indevoutly celebrated, by many mangled and maimed, curtail'd, abbreviated, and by the Additions of others implicitly vilified: And generally almost by all secretly undermin'd; enervated and subverted by each mans private prayer in publick: The which private prayer, whether before Sermon, or at any other time in the Congregation, doth not onely secretly imply a defect in the Publick Prayers of the Church, which must (forsooth) be supplyed by mens private conceived prayers: but also, 'tis a disorder and confusion in the service of God; for thus publick and private prayer are confounded, which our Lord Christ hath distinguished and commanded to be separately observed, to avoid Hypocrisie and vain-glory limiting the private prayer to the private closet, Mat. 6.5,6. and for avoiding Tautologies and impertinent bablings after the manner of the heathen, he prescribes a set form to be us'd in publick, vers. 8,9. We are commanded when we call upon the Lord, to pay our vows to the most High, and then he will hear, Psal. 50.14. But can any man think it probable, that God will hear their prayers, who sacrilegiously break their vows when they pray, by praying otherwise then they have vowed and promised? those promises also being agreeable to the Commands of Christ, and the orders of his Church? And this undoubtedly amongst many others, is not the least cause, of so many stray and wandring Sheep in every Flock, of so many giddy headed and factious minded men in every Congregation, of so many separate Congregations or Conventicles in every Parish: one great cause hereof is the falshood and treachery of the Shepherds, who in compliance with the noxious humors of the diseased part of their Flock, take no heed to themselves, nor to the vows and promises they have made in order to the right and regular execution of their Function, in feeding of their Flock: so for the iniquity and irregular carriage of the Priests, the sons of Eli in the sacrifices of the Temple; Men abhorred the offering of the Lord, 1 Sam. 2.17. 6. But should not the Flock take heed to the Shepherd, as well as the Shepherd to the Flock? The duty of the one to the other (undoubtedly) is reciprocal, and the mutual Relation respectively binding. Take heed to thy self (said the Lord to his people) that thou forsake not the Levite, as long as thou livest upon the earth, Deut. 12.19. and Chap. 14.27. Eccl. 7.30. There is nothing more plainly asserted and more punctually commanded in the book of God, then that the people should take heed to their Priests, the Flock to their Shepherds, especially such as are orthodox and holy, that they should hear and obey their voice, and make their Application and recourse unto them, in all cases of ignorance or doubting: For the Priests lips should keep knowledge, and they (the people) should seek the Law at his mouth, for he is the messenger (or the Angel)of the Lord of Hosts, Mal. 2.7. Hæc sunt initia hæreticorum, ut sibi placeant, & præpositum superbo tumore contemnant, Cypr. lib. 3. Epist. ad Florent. Hence the Rise of Hereticks in the Church, when the people swelling with presumption of their own knowledge, and pleasing themselves in their fancies and opinions, proudly neglect and scorn to submit to their directions, whom the Lord hath appointed to be their Shepherds and Guides of their Souls: And thus even thus, the people of God fell into Idolatry, even that gross and infamous Idolatry of the Golden Calf, when slighting Moses, and overawing Aaron the high Priest, they commanded him, who should have commanded them, saying, Make us Gods to go before us, for as for this man Moses, we wot not what is become of him, Numb. 22.1. When the same people were weary of the Government of Samuel the Prophet, and desired a King, the Lord said unto Samuel, They have not despised thee, but they have despised me, 1 Sam. 8.7. Whereupon St. Gregory: Quam reverendi sunt Pastores optimi Sanctæ Ecclesiæ ---- how reverendly to be esteemed are the Pastors of holy Church, who whilst they faithfully serve the Lord in the Execution of their function, they are so closely joyn'd unto him in the bond of love, that the least slight disesteem or neglect, that is cast upon them, the Lord takes it as an injury to himself: So said the Lord to his Apostles, and in them to their Successors: He that heareth you, heareth me; and he that despiseth you, despiseth me, and he that despiseth me, dispiseth him that sent me, Luc. 10.16. And this duty, that the people should take heed to their Priests, is commanded under a severe penalty, Deut. 17.8. If there arise a matter too hard for thee in Judgment, thou shalt arise and come unto the Priests, the Levites, and that man that will do presumptuously, and will not hearken unto the Priest, that standeth to Minister ------ even that man shall dye. And under the Gospel also the same command is given, Heb. 13.17. Obey them that have the Rule over you, and submit your selves, for they watch for your Souls. But notwithstanding these and many more commands, in the sacred sheets of either Testament, yet is this Christian duty slighted and generally omitted, and especially by such as pretend most to the sole Authority of the holy Scriptures, without any Relation to the doctrine and Authority of the Church in the Interpretation thereof: There being many amongst us in every Flock; who presume to direct their Shepherds, guide their Guides, and teach their Teachers; who if they teach not, preach not, pray not, as they would have them, and consonant to their humors and opinions; they will censure their doctrines, contemne their directions, revile their persons, scandalize their profession, and even snatch the holy Oracles out of their mouths, and separate themselves into Conventicles, where they may heap to themselves Teachers after their lusts, having itching ears, and they turn away their ears from the truth, and are turned unto fables; believing and delighting in lies, and vain empty prophesying which profit not, as was foretold of such, 2 Tim. 4.3,4. And having mentioned Conventicles, I cannot but add a word or two of the danger of them, not in order to the disturbance of the peace of the Nation, leaving that to the Secular Magistrate, but in order to the seduction of unwary and unstable souls into falshood and errors in Religion; Verily verily I say unto you, he that entreth not in by the door into the sheepfold, but climeth up some other way, the same is a thief and a robber, Joh. 10.1. 'Tis the practice of subtile thieves when they seize on the honest Traveller to drag him out of the high road-way into hedges and by-places, the more securely and without interruption to robb and spoil him; so the spiritual thieves, false Prophets, ringleaders of faction and sedition, do more easily seduce, and robb poor silly men and women of the inestimable treasures of truth and obedience, by drawing them from the open and Publick Assemblies of Gods people in his houses of prayer, into By-places and lone houses, where they may more securely breath forth the spiritual Infections, sow the seeds of Schism and Sedition, and whisper their irreligious Treasons, under the mask of Religion. In such places they may to their advantage vent and put off their counterfeit ware, their false glosses, and misinterpretations of holy Writ, and make their Apocryphal Comments upon Canonical Scripture, making the holy Word of God to speak not what the Spirit of God intends therein, but what their factious spirits and wilde fancies would have it: That there should be such false Prophets in desart places and private houses, our Lord hath foretold, commanding all his disciples not to believe or follow them, Mat. 24.26. Wherefore if they shall say unto you behold he is in the desart, go not forth; behold he is in the secret chamber, believe it not. St. Augustine observes of the man that fell among thieves, and was robbed and wounded, Luc. 10.30. Si non descendisset--- If he had not been going down from Jerusalem, the place of Gods Temple, to Jericho a prophane and common place, he had escaped that sad disaster: To teach all people to beware how they leave the place which God hath chosen to put his name there, the Temple and house of God, to convene in any common or prophane By-places, under pretence of Religion, and the performance of holy duties in such places: 'Twas otherwise with the man after Gods own heart, Psal. 5.7. As for me I will come into thine house even upon the multitude of thy mercies, and in thy fear will I worship towards thy holy Temple. And with him resolves the whole body of Gods people, Psal. 132.7. We will go into his tabernacle, and fall low on our knees before his footstool: And not only this under the Law, but under the Gospel, Mark. 11.17. My house(not the houses of men) shall be called the house of prayer of all Nations: Not of the Jews as under the Law, but of the Gentiles also under the Gospel, and 'tis there especially in Gods own house, that he has promised to meet his people, to be in the midst of them, to hear their prayers and bless them, To teach them his waies by his faithful and true Pastors, and there (in a word) to dispence all the blessed means of grace and salvation to them, Deuteron. 12.5, 6.11,12,13, 14.1 Kin. 8.29,30. Mat. 18.20. Luc. 19.46.1 Cor. 11.20. 7. But the grand excuse of the wandring sheep, and the cry of many Orthodox also, is, The division of the Shepheards, who being divided amongst themselves, do lead their flocks into several divided wayes of divine worship: And the generality of the flock being not wise enough to know what way to take; or whom most securely to follow, they hereupon heap to themselves Teachers after their own Lusts, and with the Schismatical Corinthians 1 ep. 1 cap. 12. vers. Every one saith, I am of Paul, I am of Apollos, and I of Cephas, and I of Christ, one man, or Sect of men, liking this mans way of preaching and praying, another anothers way, and others none at all, but independently rely upon the immediate teaching of Christ by his Spirit. And thus Sects and Divisions are multiplied. This complaint is too true, and such sad effects thereof too evident, and if not stopt will prove bitterness in the end. But would you know who be these divided Pastors or Preachers, or Sect-masters rather, the corrupt springs from whom all our polluted streams of divisions flow? They are such (in a word) as first divide from the Church of Christ in general (wherein they all agree) and then divide amongst themselves, into particular Sects, and Factions, wherein they all differ: There is but one body and one spirit, Eph. 4.4. one mystical body of Christ, which is his Church, and one spirit of truth, quickning this our body, and its members, and them onely: And as it follows, One Lord, one faith, one baptisme, one God and father of all, who is above all, through all, and in you all, vers. 5,6. In you all, that are members of this one body, and quickned with this one spirit, and endeavour to keep the unity of the spirit in the bond of peace, which is the duty enforced from the premisses, vers. 3. Contrariwise then such, that divide from this one body the Church, into several Sects and Factions, and (which necessarily follows) such as are not quickned with this one spirit, but each with the foolish Prophets follow their own spirit, Ezek. 13.3. which they mistake and mis-term the Spirit of God; such as worship, not this one Lord, as we are all commanded, with one mouth and with one minde, Rom. 15.6. Such as hold not the Articles of this one faith, with one joynt unanimous consent of truth; Unto the unity of which faith, till we all come, we cannot be perfect men in Christ Jesus: but are like children tossed to and fro, and carryed about with every winde of doctrine, Eph. 4.13,14. Such are all false Prophets, treacherous Shepherds, or in the Language of Saint Paul, 2 Corin. 11.13,14. Such are all false Apostles; deceitful workers, transforming themselves into the Apostles of Christ, and no marvel, for Satan himself is transformed into an Angel of Light: I may call them according to the metaphor of the text, The Bellweathers of the Flock, the Ringleaders of those numerous Sects, and daily increasing divisions amongst us. And although each sect and division must necessarily be false and erroneous, because there is but one Truth, and one true way of Divine worship, which is ever constant to it self, yet hath each division its numerous followers of the divided Flock: as silly sheep when a gap is opened, follow one another to the breach to stray from their Pasture: So flock the people (if not restrained) into the ways of division and error, if any Sect-master but open a gap, and lead them the By-ways of straying from the Sheepfold of Christ, which is his Church: For such alas, is the sad condition of mans corrupted and depraved minde, as naturally to be more affected with error, then with the Truth; more prone to believe lies, and more zealous in the maintenance of falshood, then to believe and maintain the Truth: 'Twas ever so, When the Prophets prophesie falsly, the people love to have it so, Jer. 5. ult. but a sad question follows, What will ye do in the end thereof? When the Prophets prophesie Lies, or (which is the same) do make and foment divisions, and the people withall are affected with their lying prophesies, and side with them in their respective divisions: 'tis easie then to prophesie and foretell the end thereof to be ruine and confusion: If a kingdom be divided against it self, that kingdom cannot stand, and if a house be divided against it self, that house cannot stand, Mar. 3.24,25. Not the house of God, not the family of Christ, in what Kingdom or Nation soever established: All the Kingdoms and Nations in Christendom, ancient and modern, from the first to these last and worst of times, have felt, by sad experience, the bitter effects of divisions and errors in Religion; and none more then our own, so lately bleeding, even to the last gasp of death, and almost buryed in her own confusions; which took beginning from the prophesying of Lies, and overspreading of mistakes and errors in Religion, sowing the seeds of Schism, Faction and Sedition, in separate and divided meetings, or Conventicles in private; joyned with a sacrilegious vow-breaking performance of holy duties in Publick: All which are now as much, if not more practised then ever; some of whose Factors and Followers, do really intend, all do certainly tend to involve this Church and Kingdom, into the sad condition of intestine war, blood and Confusion, from whence by the great mercy of God, we so lately escaped. And now to you, the Reverend persons, who are come to visit us in our distempers and infirmities, to you it belongs, as much as in you lies, to give stop to our overflowing Divisions: To restrain our licentious exorbitancies, both in doctrine and practice, in Praying and Preaching, and this, whether in the house of God, or in the houses of men: Et fiat Justitia, ruat cœlum.

Religion

A SERMON PREACHED AT A VISITATION.

A sermon preached at a visitation, held at Warrington in Lancashire May 11, 1669.

RelA1679

V.3. There shall come a falling away first, and that man of sin shall be revealed, the Son of Perdition. V.4. Who opposeth and exalteth himself above all that is called God, or that is worshiped; so that he as God fitteth in the Temple of God, shewing himself that he is God. V.5. Remember ye not that while I was yet with you, I told you these things. V.6. And now ye know what witholdeth, that he might be revealed in his time. V.7. For the mystery of iniquity doth already work, only he who now letteth will let, until he be taken out of the way. V.8. And then shall that wicked be revealed, whom the Lord shall consume with the Spirit of his mouth, and shall destroy with the brightness of his coming. V.9. Even him whose coming is after the working of Satan with all power and signes and lying wonders. V.10. And with all deceivablenes of unrighteousness in them that perish, because they received not the love of the Truth that they might be saved. V.11. And for this cause, God shall send them strong delusions, that they should believe a lye. V.12. That they all might be damned, who believed not the truth but had pleasure in unrighteousness. THE words read exceed much the now ordinary bounds of a Text, yet being all of a piece, nothing could be well omitted. The words are a Prophecy of evil times to the Church, and to the World, by one here termed A man of Sin, (v. 3) and who that man of Sin is, is now the enquiry; and well worthy our enquiry, the import of the matter, and its concern generally considered. The discovery of this man of Sin, will appear in the description here given of him, both in his Rise and Fall His Fall, v. 8. His Rise before, v. 3. These make up the parts of my Text. His Rise is here under four considerations, by which brought together, this Man of Sin will be discovered who he is. He to whom all these agree, and in whom all meet together, is that Man of Sin, this Son of perdition whom we now seek after. His condition and quality is herein to be first considered; that he is a Man of Sin. A Man of Sin is a Scripture-form of speaking for one above others sinful. The word sinner, sometimes imports the greater sort of sinners; and where the word sinners is first found in Scripture (Gen. 13.13.) it is said of Monsters of sin, those of Sodom who were sinners before the Lord exceedingly. And surely a Man of Sin, intends something more than a sinner. Beza renders it merum scelus, meer or very wickedness. A Man of Sin (saith Grotius) signifieth some person notably and above all others wicked. And accordingly is this Man of Sin here one above others sinful, both in life and profession. Therefore called spiritually Sodom, (Rev. 11.8.) and as to Faith and Doctrine; An Apostate (and what is in that kind worse?) falling away (v. 3.) departing from the Faith (1 Tim. 4.1.) denying the Lord that bought them, and bringing in damnable Heresies (2 Pet. 2.1.) and Doctrines of Devils, forbidding to marry, and commanding to abstain from meats, & c. (1 Tim. 4.1, 2,3.) we know who do so. Of these Apostate Professors are those also of whom St. John speaketh who deny that Jesus is the Christ; adding, he is an Antichrist that denyeth the Father and the Son, whosoever denyeth the Son hath not the Father (1 John 2. 22, 23.) And every spirit that confesseth not, that Jesus Christ is come in the flesh, is not of God; and this is that spirit of Antichrist, whereof ye have heard that it should come, and even now already, is it in the world (1. John 4.3. Not that Antichrist, or every Antichrist, denyeth Christ come in the flesh; Some did so; nor do all hereticks speak the same thing, but whosoever shall say that Christ is not come in the flesh is an Antichrist. In all is to be observed, 1. That all false doctrines and heresies, whether against the doctrine and truth of Christ, of which the Apostle S. Paul speaks (1. Tim. 4.) or against Christ's person or Natures, of whom St. John speaks; both these are against Christ, and such as so teach and believe, are therefore (because against Christ) Antichrist, so as every deceiver is an Antichrist (2. John v. 7.) I Judg (saith St. Hierom) all chief hereticks to be Antichrist, under the name of Christ teaching contrary to Christ. note 2. Hereby we find that there are many Antichrists (1 John 2. 18) and of those many that some were then, in the Apostles. dayes, in the world. (1. John 4. 3.) Apostates from the faith before professed; They went from us, but were not of us saith the Apostle (1. John 2.18,19. 3. Observe, that among those many Antichrists there is one chief Antichrist, see both in 1. John 2. 18. little children, it is the last time, as ye have heard, that Antichrist shall come; even now are there many Antichrists. In this we find those two sorts of Antichrists distinguished. 1. In number: Antichrists plurally, And many Antichrists; the other but Antichrist singly: one among many. 2. These two also are distinguished in time, Of those many some already come, and then in the World; but that one Antichrist then not yet come, yet expected (2 Thess. 2.) the revealed in his time (v. 7.8.) 3. see that one and chief Antichrist above the rest pointed at Emphatically, by an Article which is in the Greek; not expressed in our English Ho antichristos that Article Ho antichristos or that Antichrist (saith Grotius) points at some one Antichrist among those many more noted. And with like Emphasis is this man of sin, in the Text expressed by that man of sin, The Son of perdition (v. 3.) That wicked (v. 8) and even him, whose coming is after the working of Satan (v. 9.) 4. Observe that great Antichrist in S. John, and this man of Sin in S. Paul to be intended of the same Person; none can doubt but that St. Paul doth speak these things of Antichrist saith S. Augustine. S. Aug in 2 Thes. 2.7 de civit. dei l. 20. c. 19. where and else where we find the same person under several names, under diverse considerations, so called Sodom and Egypt (Rev. II. 8. the great whore (Rev 17.1) Babylon v. 5. and here that man of sin (5) and by St. John, Antichrist. In which variety of names, some one is at present to be principally used, for avoiding confusion; in which I shall choose that of Antichrist, as being a word both Scriptural, and Ecclesiastical, frequently occurring in the Fathers, and Ecclesiastical writers, ancient and modern. 5. Observe that man of Sin or Antichrist, although singularly, and Emphatically, and as it were, personally pointed at, is not notwithstanding to be understood as terminated in any one individual person whatsoever; but as those many Antichrists make up that wicked society of Apostate Hereticks, of what kind soever; so is this great Antichrist A chief of his great Apostacy, but as one in succession, though diverse in person, so it is said of the Aug. triumph. de potestate, Ecc. q. 3. Art. 7. Pope and Papacy That as to the place and office of the Papacy all Popes from first to last, are but as one Pope, so when they say, the Pope is head of the Church, that is not intended of any one Pope alone, but of any and all in that succesion. Thus of Antichrist, as here considered in his person, condition and quality. A man of Sin, one in profession and faith, also in life and manners sinful exceedingly; and how that is, will appear after in particulars. We have next to see this man of sin, as to his place, where he should appear, and is to be expected; sitting in the Temple of God. Which words The Temple of God, some appropriate to Jerusalem, and the Temple there, so understood properly (saith Grotius) in both Testaments Grot. de Antichrist It seems also to make for this; what is instanced of Cajus one of the Roman Emperours, who caused his Image or statue to be placed in the Temple at Jerusalem to be worshipped: which agrees (say some) with the Text literally, This man of sin, sitting in the temple of God &c. But this man of sin, or Antichrist, is intended of an Apostate Christian fallen away (v. 3.) such as was not Caius, a Pagan, and never otherwise, therefore not he this Antichrist. 2. Nor is Antichrist one individual person, but a chief in succession; heading an Antichristian State and Faction, therefore not Caius nor Simon Magus, or any other such whosoever; which will after appear more fully. 3. The Temple of God in the Text is interpreted the Christian Church, by the Fathers St. Augustin, Chrysostom, Hierome, Hilary, Theophylact, Theodoret, and others; also by Thomas Aquinas and others of the Schoolmen. 4. Notwithstanding what is confidently averred by some, that in both Testaments, the Temple of God is intended of that Temple in Jerusalem, the contrary appears; and that the Christian Church is also in that pointed at in both Testaments. So in Zech. 6. 12, 13. Behold the man whose name is the Branch (meant of Christ, Zech. 3. 8. Isa. 14, 1. Jer. 3, 8.33.15.) he shall grow out of his place, and he shall build the Temple of the Lord, even he shall build the Temple of the Lord, and he shall bear the glory, and shall sit and rule upon his throne. In which is not intended the Temple of Jerusalem, as if built by Christ, whose destruction he declared; those dayes also of its destruction being the time of the Lord's coming to Judge that People, and then setting up his Temple of the Christian Church, where he would be worshipped in spirit and in truth; not any longer in Types and Sacrifices, as in Jerusalem (John 4. 20. 21.23.) And the Christian Gospel-Church taken as Catholique, and of both Nations, is called the houshold of God, built on the foundation of the Apostles and Prophets, Jesus Christ himself being the chief corner stone, in whom all the building fitly framed together groweth unto an Holy Temple in the Lord, in whom they are also builded together for an habitation of God through the Spirit. (Ephes. 2.19,20,21.22.) And as by the Temple, so by Jerusalem also is the Gospel-Church of Jew and Gentile signified, and that also, as the Church is Militant and Triumphant; Jerusalem which is above being mother of us all, (Gal. 4. 25, 26, 27.) In which it is to be observed that the state of the Christian Church is set forth in the Revelations by 2 Visions of 2 Women. One the Holy Christian Church, represented in a Woman cloathed with the sun, and the moon under her feet, and upon her head a crown of 12 starrs, she travailing with Child (shewing her numerous Issue) who was before barren (Isa. 54.I.) she also, and hers prosecuted and persecuted by the dragon, but preserved (Rev. 12. 1, 2, 3. 6. 13, 14, 15, 16, 17.) But the other woman signifying the Church Antichristian, persecuting the true Professors, and drunk with the blood of the Saints, and with the blood of the Martyrs of Jesus (Rev. 17. 1, 2, 4, 5, 6.) Observe also that these 2 women (or the Church under these 2 states and conditions) are also represented by 2 Cities, the great City Babylon and Jerusalem: that City named Babylon (Rev. 17.5,18.) being for that Antichristian state: but the other City Jerusalem (Rev. 20.21, & 22.) for the Church of God, the new Jerusalem and Temple; no wonder then if by Jerusalem and the Temple the Christian Church be signified. 5. And, that Jerusalem and the Temple there, could not be the place where that man of sin or Antichrist was to sit, appears, in that Babylon, the city contrary to Jerusalem, is declared Antichrist's seat: Also, that the description given to that City (the seat of Antichrist) no way suits with Jerusalem, see for that (Rev. 17. 6, 7, 8, 18.) where, by Babylon, the Romanists (we need go no further) intend Rome, and for that the Rhemists earnestly contend in their Annotations on 1 Pet. 5.13. The Church that is at Babylon saluteth you (saith St. Peter) which is their Scripture-proof for St. Peters being at Rome. Also Cardinal Baronius speaking of the name Babylon in the Revelation, Certissimum est, &c. it is most certain (saith he) that by the name Babylon, the City Rome is signified; Annal. a. 45. and Cardinal Bellarmine, by Babylons description, agreeing to Rome, concludes out of Turtullian, Notissimum est, &c. (saith he) It is most evident and acknowledged, that Rome is built on seven hills, nor was there any other city, which in the dayes of St. John, had dominion or reigned over the Kings of the earth, but Rome onely: De Rom. Pont. l. 3. c. 13. & l. 2. c. 2. Rome (saith he) and no other city; not Constantinople, which although after styled Rome, or new Rome, being also seated on hills, yet did not that then in St. Johns dayes reign over the Kings of the Earth. And as to Jerusalem, nothing of all that could be said of it, neither that it was so situated on seven hills, nor then reigning over the Kings of the earth Jerusalem being then with her children in Bondage (Gal. 4. 25.) and that to the Romans; and by the Romans soon after destroyed. And if Rome be the City for that malignant state, then must the Temple of God be understood to be there, and Rome to be the place for Antichrist's sitting. But it is objected, how the Church of Rome should be then called the Temple of God where Antichrist sitteth. Res. So was Jerusalem also once the Faithful City. And even when at worst, after their crucifying the Lord, it was then called the Holy City (Math. 27. 53.) having that name from what before it was. So was Rome once famous over the World for its faith (Rom. 1.8.) and the Church there was the Temple of God. And it was an honour to the Church of Rome, that it held out longer than some other Churches and opposed the Heresies rising and prevailing in the Eastern Churches; yet as those famous Churches of Asia, fell from their Purity (particular Churches may fail) so did Rome it self after, and that once faithful city became an Harlot (Rev. 17.5.) as was said of Jerusalem, and their silver was become dross, and their wine mixt with water (Isa. 1. 21, 22.) once Pure, now Mixt and Corrupt with Errors and they even Apostate from that Faith professed by their Forefathers: yet from what once was, and from what is yet there left of Good (though mixed and corrupt) that Church is called by the Apostle here The Temple of God and there Antichrist sitting. The summe of all is, that Babylon, which is acknowledged to be Rome, and the Temple of God there, or the Church of Rome Apostate from the Faith formerly professed, is the place where Antichrist is to be expected and found, which was the 2d circumstance here considerable for Antichrist's discovery: his place: sitting in the Temple of God. The Next is that of time, when he should appear. Little difference is between the Romanists and us, as to the place; but the question is of the time, for as the Jewes speak of Christ yet to come, so do they of Rome concerning Antichrist, and that he is expected about the end of the World and at Rome, when Rome shall turn Apostate, but we Assert that Antichrist is already come; and that long since; and that he is even now in the World acting as is said of him: which is to be now examined. The time for Antichrist's appearing is thus in the text expressed (v. 5, 6, 7, 8.) Remember ye not, saith the Apostle, That when I was yet with you I told you these things? and now ye know what withholdeth that he might be revealed in his time, for the mystery of Iniquity doth work already, onely he who now letteth, will let, until he be taken out of the way, and then shall the wicked be revealed. Unto this is to be added that in Rev. 17. (both places joyned, making up this whole matter) For in Rev. 17. we read of a woman sitting on a beast with 7 heads (that woman being that great City Rome, and those 7 heads interpreted both 7 hills, on which that city is seated, And also 7 Governments called 7 Kings; Kingly or supreme. Of which 7 Governments of Rome, it is said that 5 are fallen, and one is, and the other not yet come; and that when he cometh, he must continue a short space, and that the beast that was, and is not, and yet is, which is added (v. 8.) even he is the eighth, and is of the seven, and goeth into perdition v. 10.11. For opening both which Texts together, 2. What kind of Government this seventh is, and how distinct and differing from the former: As to Romes former six Governments, they were all civil and military, This seventh is principally Hierarchical or Pontifical. Such a kind of Government was that Priestly and Macchabæan, among the Jews after the captivity, which continued until near the time of Christ's coming; about which time it was by Herod suppressed. And that Antichrist's dominion in Rome should be such, is implyed in his sitting (that is in chief) in the Temple of God, the Temple of God denoting as the place, so the person also as to his condition and quality, that he should be Clerical. He shall attain Ecclesiastical dignities, and in the Temple of God shall he sit, holding there the seat or chair of Eminency, saith Radulphus Flaviacensis de Antichristo (Levit. c. 1.) apud Magdeburg. (Cent. 10. c. 4.) Also Pope Gregory the great styles Antichrist, Sacerdotem Universalem, the Universal Priest, for whom (saith he) an Army of Priests is prepared, 6. Ep. 28 shewing his Army and Arms spiritual, other than before. Of which Romes Pontificality, it is said (Rev, 17. 8, 11.) that it was and is not, and yet is, and that being an eighth, it should yet be of the seventh, that is, 1. That this Pontificality was, as is said, that which is now in Rome, is what was also there before under former Governments. For as to matters referring to Religion, the Romans had of old, instituted by Numa Pompilius, their Pontifices or Under-priests; and over them a chief Priest called (Pontifex Maximus) which lower Priests were exempt from civil jurisdiction, and only ordered by him who was Pontifex Maximus, he himself not being accountable to any. note 2. Of this Roman Pontificality which was of old under the first five Governments; It is said also, that it is not: (Rev. 17. 8.) i.e. then under the sixth Government, that of Cæsars (which was that in Being when that was declared to St. John) when was it said that this is not, or then it was not; for the Roman Emperour conceiving the Priviledges of the Pontifex Maximus overgreat, and not safe in any hand but his own, it being independent: therefore he assumed and annexed it to the Imperial Crown; so as it became one of the Imperial Titles, to be Pontifex Maximus, thus continuing untill it was by Gratian a Christian Emperor altogether abolished; so as that office of Pontifex Maximus which was under the 6. Government was changed from what it was at first by Numa Pompilius, Swallowed up in the person of the Emperour, and after quite abolished, therefore that which was, now is not, or then was not, when that was by St. John written. 3. Yet is it added (Rev. 17.8.) that what was, and is not, and Yet is, there the present is for the future, as is usual in speaking of things to be, It is, i.e. it shall be again, or as now to us, it may be said that it is: being in the Romish Pontificate restored; not as before; before it was an honorable office among the first 5. Governments; they were supream, under which this was, although independent. Nor is it now as it was after under the 6th Government, that of Cæsars: it having been then annexed to the Imperial Crown; but now in the Romish Pontificate, this that was, and after was not, now is, being restored and created supream, where we find even the very Title of Pontifex Maximus retain'd, and the priviledges also, which the Pontifices, or underpriests had of old, now again to them reserved; they being, as much as may be, exempted from civil power, and only accountable to him the now Pontifex maximus, and he himself to none other. 4. It followeth to see, how this becomes an eighth head in that Government, yet but of the seventh (Rev. 17.11.) That is so by the Pope's advancing his spiritual dominion and title above all Powers, the Emperour not excepted, and being in his spiritual capacity the seventh, he becomes now in that exalted Power an eighth, the Priesthood the seventh, being in his exalted Power raised to an eighth head, yet of the seventh, not being in his exalted Power raised to an eighth head, yet of the seventh notwithstanding; as to nature and kind this is the seventh, but an eighth, also in degree and power. But to the introducing this seventh head in the Government of Rome, was the last foregoing (the sixth that of Cæsars) to give place, and to be first taken out of the way, This is next to be considered, see it so in the text (v. 5,6,7,8.) which now come in. This required wary expressions, not thereby to raise persecutions to the Christians from the Emperor; that being a crime Læsæ Majestatis . This the Jews objected to Christ. John the 18. 12, 15. and to his Apostles. (Acts. 17.7.25.8.) Therefore we find the Apostle here very circumspect in declaring himself in it, not speaking all, but referring to what he had before told them in the ear, Remember ye not what I told you of these things when I was yet with you? (2. Thess: 2. 5.) and being now to write of the same thing, how darkly is that done? not nameing Emperour or any thing that way, only when he that now letteth shall be taken out of the way, which indeed was the Emperour, by whom that former office of Pontifex Maximus was taken out of the way, and the Emperour also being likely to oppose any other over topping power in that kind; Therefore in order to Romes 7th. head or Government was the sixth to be removed, and that it was so accordingly we find it. This was the 2. head proposed, the first removeing him that did let, for makeing way for him that was to succeed. III. It follows to shew the others succeeding accordingly, and that gradually comeing on according to the steps of the former's receding. 1. For on Constantines leaving Rome, and makeing Constantinople the seat of his Empire thereby (Sede vacante) the Bishop of Rome entered on the possession of the City of Rome; (the Romanists add): by donation from Constantine, with addition of other large Territories, held in Fee, and in Demeasn for ever. This I pass; it not being my work at present to examine it. In this state things stood about 300 years, Romes Goverment being in that time by its Bishops, yet subjected to the Emperor, by which they were kept within their bounds, for Rome being but one of the 5 Patriarchs, although chief among them, was not yet above them. 2. So continued it untill the Empire determined in Augustulus, an. 475. after which An 607. Boniface. 3. obtained from Phocas Emperor of the East, that not the Patriarch of Constantinople (who contended for being Chief) but the Bishop of Rome should be universal Bishop. This Gregory. 1. Bishop of Rome had before condemned in John Patriarch of Constantinople, and by his but attempting it, concluded him, or any so doing, to be Antichrist or his forerunner, and that Antichrist himself was not farr off. And now was the Title of Pope appropriated to the Bishop of Rome, which was before communicated to other Patriarchs, and Bishops also indifferently. And hitherto reached Romes Episcopal and Patriarchal Government, of which it was said that it should continue a short space, Rev. 7. 10. which was about 300 years, that being but short compared with what followed from Boniface 3. when the Title began to swell to its greatness, they being thenceforth Universal Bishops, and Popes above all. 3. But after Boniface 3. Pope Leo. 3. an, 800. made a farther Essay of his power, in deposing the Lawful King of France, and advancing Pipin his Subject to be King, and after created Charlemaine Emperor; both as Champions for the Church, to Expell the Barbarians who had invaded Italy, out of whose hands Rome was recovered, and restored to the Pope, with addition of other large Territories. 4. But all this while, the Popes power, was in some things restrained by those Emperours of their own making, who reserved to themselves the choosing and placeing of Bishops, and the approbation even of the very Popes also. In this, Gregory 7th. contended with Henry the 4th. Emperour, whom he Excommunicated and Deposed, stirring up against him his subject Rodulphus, naming him Emperour, and giving the Crown, with PETRA DEDIT PETRO, PETRUS DIADEMA RODULPHO. Of the troubles, bloud, and destruction to Germany in that, I speak not, onely that to this Gregory 7. is by Popish writers that glory given, that he was Imperii Pontificii fundator; others his Predecessors attempted the reaching at the temporal power, but was not till now attained. And after, the Emperour Henry 5th. coming to Rome to be Crowned by Pope Paschalis 2d. the Pope would not consent to his Coronation, he first did give over all Right of Election of Popes, and of Investitures of Bishops by Staffe and Ring; In which although that Pope failed then of his end, yet was that after attained. 5. And although, In all this the Pope had gained the point of temporal sovereignty, and the gaining also out of temporal hands into the Popes power, the Investitures of Bishops, by which he was in that kind absolute, yet could not that satisfie, while the Pope was over-topped by a General Council, By which he had been oft threatned, awed and sometimes deposed. The removing this therefore, was to be next attempted, and was at length also by Pope Leo 10th. compassed, so far as the Popes Council at Lateran could do towards it; of which Bellarmine thus Triumphantly; The last Lateran Council under Leo 10. expressly and professedly teacheth that the Pope is above all Councils, and reproveth a contrary decree in the Council of Basil, (citeing the words of the Council, to which he adds) To this nothing can be answered, unless it be that this was no General Council, or that it was not received by the Church, or that this was not their decree de fide . Belarm. de concil. 1. 2 c. 17. 6. But one thing yet remained (shewing, as the Popes power, so his being in that, very Antichrist) which is the confirming those Romish erroneus positions which had been long creeping creeeping into the Church, as Tares mixed with the Wheat: and had long passed loose, and undetermined, being onely disputable, controverted, and oft opposed. These were after, in the Councils of Constance, Lateran, and of Trent, concluded and decreed for Doctrines, and Articles of Faith; and an Additional Creed of 12 Articles of them composed, which were by Pius 4th. his Bull imposed to be subscribed or sworn unto. In all see, 1. The Removal of Romes 6th. Head or Government, that of Emperors. 2. See also the introduceing and growing up of the 7th. from its infancy to its full growth; The Church of Rome being before, but as others, a Branch onely of the Catholick Church, now it self passing for The Catholique Church, and she the root out of which all other Churches derive and spring, others on this depending, and by that influenced: so doth that Church now boast of her self, of which the Apostle St. Paul in his Epistle to that Church had forwarned them, (Rom. II.18,19,20.) Boast not against the Branches, but if thou boast thou bearest not the root, but the root thee; Thou wilt say, the branches were broken off, that I might be graffed in; well, because of Unbelief they were broken off, and thou standest by Faith, be not high-minded but fear, For if God spared not the natural branches, take heed that he also spare not thee. In which is the Apostles prophecy concerning that Church. But before this be shut up, one doubt is to be removed, of the Empire being not yet taken out of the way, which we now see in Being. Res. 1. Of that Empire which was in the Apostles dayes, is that by the Apostle intended, that it should be first taken out of the way, the standing of that being an hinderance to the Succeeding Government. But that Empire was long since extinguished. 2. The present Empire is of another kind, being of the Popes own erection, for restoring, promoting and preserving his greatness; His hand being in that throughout thoughout . So Bellarmine writing of the Translation of the Roman Empire in 3 bookes, he makes the summe of his first book, The Roman Empire being by authority of the Pope, translated from the Græcians to the French. And the summe of his 2d. book, The Roman Empire passing from the family of Charles the Great, and the French, unto the family of Otho, and the Saxons, by Authority of the Bishop of Rome. The Title also of his 3d. book is, The 7 Electors of the Empire to have been instituted by Pope Gregory 5th. See the Popes hand in all; he also even now approving and Crowning the Emperour elected. And therein we find that fulfilled which was prophesied of this Second Beast (the Papacy) Its setting up an Image of the former beast which had a wound by a Sword, that it should live, speak and be worshipped (Rev. 13. 12, 14, 15.) For that first beast (the Emperour) having in Augustulus, the last Emperour of that race, received that its deadly wound; It, was by the 2d. beast that succeeded (the Pope) again restored, and an Image of the former, made by him an Empire, set up; to which he gave life, so as to speak, and be worshipped, that is, honoured and followed. But 3dly. observe, that this is but an Image: so is the now Roman Emperor, compared with what was. The now Roman Emperor is but an Image of the Ancient Empire, (saith Salmeron) and the Majestie of the People of Rome, by which the World was of Old Governed, is now taken away from the Earth, and the Emperour is now but an empty Title, and is but a shadow onely; So Eberhardus in Aventinus Avent. Annal l.7. The Emperour of Rome is now but a bare Title without Substance. Ibid. l.5. Neither indeed is that his Title, he is not now Styled Emperour of Rome, but What is, Is onely of Germany; Rome being left for the Pope . I shall, before I conclude this, add a little touching the greatness of this 7th. Head, or Government of Rome, the Papacy, And that it falls not short of the Greatness of the former Emperours of Rome, according to the Estimate made of both by the Romanists. For whereas Justus Lipsius his book of the greatness of the Roman Empire, meaning that of old, is styled Admiranda: Thomas Stapleton, (professor at Lovaine) Tho. Stapleton: t. 2. intitles his book of the Papal greatness, Vere Admiranda; shewing that for extent, strength and power over Princes, the greatness of the Papal Empire, is far surpassing; for no marvail (saith he) if the Roman Emperor armed with 30 or 40 Legions, had many Kings at Command; but that the Pope a person unarmed should give Laws to the World, and even to Kings, advancing and deposing them at pleasure, this is indeed marvailous. He instanceth in Leo 3d. his giving the Empire to Charles the Great. Leo I. called the Great, Bishop of Rome, speaks thus of the greatness of Rome then, compared with what was before under the Cæsars, and its former Governments. Thou art (saith he of Rome) a Royal and Priestly City; By the seat of St. Peter and Paul in thee, thou art become the head of the world; thy Rule is more by Religion than by Earthly Dominion. For although thou didst formerly Extend thine Empire by many Victories by Sea, and Land, yet is that less which was by warlike prowess subdued, than what is by Christian peace subjected to thee. (Leo Serm. 1. in natali Apostolorum Petri & Pauli:) And Prosper (1 de ingratis) Sedes Roma Petri, quæ pastoralis honoris, Facta caput mundo, quicquid non possidet armis, Religione tenet In all: 3. That this 7th head so next succeeding, to be that Man of Sin, that Wicked (So saith the Text, v. 8.) that he who letteth or hindereth being taken out of the way, then shall that wicked be revealed (2 Thess. 2. 7,8.) On which thus St. Chrysostom: when the Empire of Rome is dissolved or removed, Antichrist shall invade that vacant place, and snatch at the Empire both of God and Man (Chrysostom in 2. Thess. 2. Hom. 4.) Which will appear yet further in the next circumstance. Antichrists actings in the world when appearing, by which he might be known among and above others: of that we read here (inv. 4. 9.) He opposing and exalting himself above all that is called God, or that is worshipped. So that he as God sitteth in the Temple of God, shewing himself that he is God, whose coming is after the working of Satan, with all power and signes, and lying wonders. These with others mentioned are signs given for Antichrists discovery; when in the world, which are to be considered particularly. Some may think the Pope not concerned in these; but what if he be? what if these taken together are all to be found in him; and in him alone, and in none other? then surely will appear, This man of sin, this Antichrist who he is. And who are they that are called Gods? This is in Scripture said of Princes and Magistrates, I have said that ye are Gods, but ye shall dye like men (Psal. 82.6,7.) they are but called Gods, not so indeed, for they dy like men, and that I have said ye are Gods, shewes their Title to that their high name of Gods, that it is, from God, who saith it so of them, that is, from his word; he calleth them Gods to whom the word of God came (John 10.34,35,36.) that is, by God commissioned and ordained (Romans 13.12.) standing in his place, and so, to be subjected to, according to their degrees in Government, whether to the King as supream, or unto Governours under him (1 Pet. 2.13,14) and from this subjection are none exempted; let every soul be subject &c. The Apostles were not exempted, nor is the Pope: This God Commands; yet see in this, The Pope exalting himself above all called Gods, even Emperors as vassals to him, causing them to hold his Stirrup, and Kiss his feet; Celestine 3. crowned the Emperor, Hen: 3. with his toe; Popes also setting their feet on the necks of Emperors, as did Pope Adrian 4. and Alexander. 3. Also disposing disposiing crowns, and deposing, and advancing at pleasure; which by Aventinus is said of the Popes from Gregory 7th. to his time Avent. annal. Boyor l. 5. p. 447. Hildebrand who is Gregory 7th, first founded the Papal Empire, which his successors for 450 years carryed on, notwithstanding the oppositions of the world, and Emperors resisting, so as high and low were brought under and subjected to their yoke; According to their will they cast down from heaven to hell, and exalt from hell to Heaven again. And what in this they practise they avow as due and proper to them, and to them alone; of which therefore I need say no more. In the Pope therefore, and in him alone, and in none other is this sign of Antichrist found, that he exalteth himself above all called Gods. III. It followeth, His sitting in the Temple of God, shewing himself that he is God: Tu es alter Deus in terra, Thou art another God upon earth. was the speech of Christophorus Marcellus in the very Council of Lateran to Pope Julius 2. the Pope himself being present, (Concil. Lateran. Sess. 4.) And in the Gloss on the Canon Law he is called our Lord God the Pope Extra. Joh. 22. deverb. signif. cap. cum inter. And whereas the word God, (so said of the Pope) was by some thought too much, and in some Editions omitted, we find the censure of the Gloss by Pope Pius 5; and the Gloss of the Canon Law revised by Cardinals and learned men deputed for it by Pope Gregory 13. in both, the word God before omitted, to have been restored and put in again, and that by the Popes allowance: now it being what was, our Lord God the Pope. Nor can it be otherwise intended, but that the Pope should be so esteemed, while they stick not to ascribe to him Attributes proper to God, as Omnipotence and Infiniteness. The Pope (say they) may do whatsoever God doth; nor can it be known what the Pope can do, for the power of the Pope is infinite, and what is infinite is not known;Antonin. p.3.t. cp. 22.5. [sect]. 6. and what the Pope doth is reputed as done of God, for what the Pope doth, he doth as God, not as man. Decius in cap. Can. de donstit. n 16. Which the Popes Omnipotence is by them averred by Scripture; all Power in Heaven and Earth is given me; which was said by Christ of himself. (Mat. 28.8.) and that is said of the Pope also; that Power of Christ being challenged by the Pope his Vicar; nor that as to Heaven, and earth only, but (beside their Purgatory) even to Hell also; so as his power seems to extend so far as to deliver from Hell (whence is no redemption) and to forbid and command, when they please, and whom they think fit to be kept from thence, Bulla Cle.6. Nolumus -- We declare it our pleasure, that the Punishment of Hell be not inflicted on such as are signed by the cross (those imployed by the Pope on his business.) And as Omnipotence and Infiniteness, Gods attributes, are attributed to the Pope; so is Adoration also, which God challengeth as proper to him self onely. I am the Lord, that is my Name, and my Glory will I not give to another, neither my praise to graven Images: God speaking of his Worship (Is. 42.8.) He only is to be served, or worshipped (Math. 4.10.) but to the Pope are Religious adorations given in a most solemn manner, while the new elected Pope is placed on an Altar: and there seated in his Chair, with his Crown, and in his Pontificalibus, adored by all present Cardinals, Ambassadours of Princes, and all of all degrees descending from their places, and with prostrations worshipping him Lib. cerem. I. [sect]. I. fol. 16. And is not this a sitting in the Temple of God, as God, shewing himself that he is God? IV Further, a mark and sign of that wicked one is, that his coming and Acting, is after the working of Satan, with all power and signs, and lying wonders; and with all deceivableness of unrighteousness in them that Perish, because they received not the love of the truth, that they might be saved; for this cause God shall send them strong delusions, that they should believe a Lye. 2. Thess. 2.9,10,11. This (say some) shews Antichrist to be a Conjurer and Compactor with the devil, and such (saith they) was Simon Magus, and he Antichrist. But such we knew were Popes also, as (to mention no more) Sylvester. 2. Benedictor 9th. Gregory. 7. which I pass at present. Neither insist I on those wonders by these acted, whether seeming real by Satans working with them or for them; or that they be lying wonders, whether feigned, or imposed as true; or lying, serving for confirming lyes and untrue doctrines of men; nor speak I of those ridiculous fables, with which their Legends of Saints are stuffed, such as may be wondred how learned and prudent men should give credit to them (if they do.) And if they do; it must be surely from Gods giving them over, Judicially to believe a lye; they not receiving the love of the truth (so is the Text:) The seat of the beast on which the Angel poured out his vial, and his Kingdom is full of darkness (Rev. 16.10.) But I look on this here rather as a sign, and mark of Antichrist by which he should act, and be known in the World, his Antichristian Church boasting of wonders, making miracles a sign of the true Church, and upbraiding us with our want (they say) of Miracles. To which we say. 1, That for the first introducing of truth, miracles might be necessary, but that truth being once received, such miracles were after unnecessary; such were in the first planting of the Gospel, done by Christ and his Apostles, which we challenge as ours. But that truth then delivered to the saints being received and believed, what now need we more, or any renewed miracles? For, miracles and wonders, as tongues, &c. are for unbelievers, not for them that believe, (1 Cor. 14.22. and it shews a novelty in those Popish Doctrines, that need fresh confirmations, and shewes them unbelievers that seek such. But in this is a proper mark of that Antichristian Church, that and no other sort of professors or People in the world, but Rome only and the Pope, adhereing so to miracles. V. But to proceed, Another mark of this man of Sin, by which he is known, is, that he opposeth himself; that is, to Christ; therefore called Antichrist. Obj. But how, can that be said of the Pope; he being for Christ, and his Vicar: for him, and not against him? Resp: But the word Antichrist may signifie both pro and con, for and against; and both here applicable. 1. For Christ; anti sometimes signifies for, or in the place and room of another; so Archelaus reigned anti in the room of his father Herod (Mat. 2.22.) So pretends the Pope to be for Christ, in his place and stead, his Vicar on earth. This is agreable to what we read of Antichrist, what kind of adversary he is: not such as is the Turk, an open and declared enemie to Christ and Christians; but such an one as sits in the Temple of God; professing to be for Christ, yet to him an underhand enemy; so saith Anselm: they seem or pretend themselves servants of Christ, and of his Family, when in truth they are the Ministers of Antichrist (in 2 Thess. 2. 2. they therefore who contend earnestly for the Turks being Antichrist, must be greatly mistaken. 2. And yet while this Antichrist pretends himself Thus for Christ, and for being his Vicar, see him even then opposing, he that opposeth, is his description 2 Thess. 2. 4. under the name of Christ acting for Antichrist, as was said of Gregory, 7. who was pointed at as Antichrist. As hath been shewed out of Aventinus. And to shew the Pope to be this Antichrist opposing Christ and contrary to him, see him contradicting and countermanding Christ's Will and Commands: I instance only at present in those Christ's two ordinances, his Word and Sacraments. 1. His word. We are by Christ our Lord commanded to search the Scriptures, for in them we have eternal Life (John 5. 39.) unto which ye do well that ye take heed, as unto a light shining in a dark place; saith S. Peter. (2. Pet. 1.19) and we find Timothy commended by St. Paul, that from a child he had known the holy Scriptures, which are able to make wise to salvation, they being profitable for doctrine, for reproof, for correction, for instruction, in righteousness, that the Man of God may be perfect, throughly furnished unto all good works (2. Tim. 3.15,16,17.) Hear now the Pope in this; search the Scripture (saith Christ) do not search them, saith the Pope; It is well done that you do it, saith St. Pet. It is not well done saith the Pope; They are profitable, saith St. Paul, they are dangerous saith the Pope. They are a light shining in a dark place, saith St. Pet. they are dark saith the Pope. St. Paul commends Timothy for being from a child acquainted with the Scriptures, they are not for Children, saith the Pope, And much more of that kind; see him in this Antichrist opposing Christ his Word and Commands, contradicting and countermanding, And whom in this we should obey, God or man, Judge ye. Acts 4.19. 2. As to the Sacrament of the Lords Supper, our Lord gave the bread broken, a sign of his body broken, and after that the cup; the wine poured out being his bloud in his death shed for us, commanding so to do till his coming again: and as to the Cup particularly (foreseeing what would be after by opposers to the contrary) our Lord added in that ministration, Drink ye all of this (Math. 26.27.) it being said, that accordingly, they did all drink of it, (Mark 14.23.) which, all to drink; and all drinking, is in the wine expressed; and implyed onely in the bread. Which Institution and command of Christ our Lord in that, being his will and testament left to his Church, is to be as his last will, observed to the last, and ought not to be changed in the least, no, although it had been but mans Testament onely (Gal. 3.5.) yet see Christ in that by Antichrist opposed, Take the Bread, and also the Cup (saith Christ) not so saith the Pope, the Cup may be spared; for Christs bloud is in his Body by concomitancy; and taking his Body, ye have by consequence his Bloud: But here it is understood that his Body is given broken, and his Bloud shed, both setting forth the Lords death, and not otherwise; which countermand to Christs command in that, is with a non obstante; licet . Although that Christ and the primitive Church did administer the Sacrament in both Kinds; notwithstanding, is this custom of but one Kind to be held for a law unreproveable. (so is it ordered in the Council of Constance. Sess. 13.) And the Council of Trent after; This Synod being taught by the Holy Ghost; and the custom and Judgment of his Church doth declare and teach that the Laiety and Clergie not celebrating, are not obliged to take the Sacrament of the Eucharist under both Kinds, notwithstanding that Christ did institute this Sacrament under both Kinds, and so gave it to his Apostles (Concil. Trident sess. 21. c. 1.) And is not the Pope in this an Antichrist? to Christ an opposer? he that opposeth? Text v. 4. VI. Rightly therefore is this that man of Sin, that wicked here intended, which is his next mark here: and how agreeing to the Pope, notwithstanding his Holiness, remains now to be shewed. 1. And that the Pope is that Man of Sin, and wicked exceedingly, even above others, appeareth in his mouth of Blasphemy; though looking like a Lamb, or like Christ the Lamb, yet speaking as a Dragon, Rev. 13.11. or as that Dragon the Devil; what else is that his shewing himself as God, exalting himself above all called God, &c. before mentioned? what other is his Antichristian Commanding and opposing contrary to Christs will and Commands? 2. And as speaking like a Dragon, so acting also like him in all cruelty, drunk with the bloud of Saints and Martyrs of Jesus; particularly of the Waldenses, Albigenses, and others, long before Luthers opposing Popish Errours, and with their lives witnessing for the truth against Popery. There are extant accounts of above one hundred thousand of them (that number is by some doubled) suffering by the Tyranny and cruelty of Pope Innocent. 3. Vergerius also, well acquainted with the method and actings of the Inquisition, speaks of one hundred and fifty thousand in less than 30 years so suffering. And from the first rising of the Jesuites, to the year 1580, about 30 years, are about fourscore and ten thousand Protestants said to have been destroyed. In France alone, in the Massacre of Paris and elsewhere, an. 1532. The French Kings Letters to the Pope, glorieth of 70 thousand (he said) Hereticks slain in few days; but to the lasting shame of Popish cruelty and perfidy to Generations. And can the bloudy butcheries of poor Protestants by the cruel Irish in Ireland be in this forgotten, when about one hundred thousand perished anno 1641? yet to that Impudence is that now risen, as to disavow any such Rebellion of the Irish, or such their murders of the innocent Protestants in Ireland; but daring to averr on the contrary, that they themselves were the sufferers, and that by the English and Protestants: Of which, if there shall be opportunity offered by an answer to this subject, which is expected, this shall be then verified to the World. And if the Invasion, anno. 1588. or the horrid Gunpowder-Treason, Nov. 5. 1605. had taken effect, more of their cruelty would have appeared. Such is that Antichristian cruelty; and that yet worse, in its being grounded on their very Doctrine, Religion, and Faith; they being taught, that they ought so to do: thereby thinking that they do God service (John 16. 2.) and that to themselves also, in so acting Meritoriously. Which Bloud-thirsty cruelty against the Worshippers of Christ, sticks as a distinguishing mark of this Romish and Babylonian Antichrist, in being drunk with the bloud of the Saints, and Martyrs of Jesus. Which is peculiar to those alone, not to be found in any other party of the Christian World beside. In that is this a man of sin above others, and wicked exceedingly. 3. Add that the being a man of sin, is as it were fixed to the very Papacy it self, so as even its very Office, incapacitates to Goodness. They cannot do good if they would, in reforming what they are convinced is evil. Adrian 6. Convinced of the Corruptions objected by the Germans to the Court of Rome, and resolving to reform, at least in part, and in some; and declaring himself for it, was by Franciscus Soderinus, Cardinal of Preneste, called Cardinal of Volaterra, diverted from attempting any thing in that kind, but directed rather to the ways of his Predecessors, with Fire and Sword to prosecute those, who objected those Errours to the Court. His Oration to the Pope to that purpose is extant. On which, Pope Adrian discoursing after, privately, with William Excourt, whom he after created Cardinal; and Theodorick Hesius, his familiar and trusty Friend, said, That the condition of Popes was miserable, seeing it was plain that they could not do good, though they desired and endeavoured to do it. Piatro. Suav. Polon Histo. Tr. p. 24. Which agrees with what Onuphrius writes of Pope Marcellus 2. who on something a like debate with his Cardinals, and they dissenting from what the Pope proposed for good, he striking the Table with his hand, said, I see not how those can be saved, who are in this high place in which I am. Platina also writes of Pope Celestinus 5. that he deposed himself, and gave up the Papacy, Ut salvus esse possit, that he might be saved; which was said to have been cunningly suggested to him, as by a voice from Heaven by the Artifice of Benedictus Cajetanus, who thereby made way for succeeding him as Pope, by the name of Bonifacius 8. Plat. in Vit. Celest. 5. & and Bonifac. 8. Also Pius V. Cùm essem Religiosus sperabam benè de salute animæ meæ; Cardinalis factus extimui; nunc Pointifex creatus penè despero. Concil. e Gegist. com. in Num. II.II 4. And lastly, As to Holiness, which is the Popes Title, let no man think of finding Holiness among them; For if they prove but indifferent good, or not so evil as other mortals use to be, they are accounted most holy, saith Papirius Massonus (De Episc. Urbis 1. 6. in Julio 3.) To which add what Sir Edwin Sands observes of a Proverb in Italy, (and proverbs founded on observation, have a strange tendency to truth) That of the Italians, the Romans are the worst Christians; of the Romans the worst are made Priests, of the Priests the worst chosen Cardinals, and of Cardinals the worst commonly elected Popes. (Spec. Europæ.) In which we see him, as Antichrist, so a man of sin also. The summe of all is, So as in the Papacy concur all these Scripture-marks of Antichrist, And although some may be applicable otherwise, yet are the principal proper to the Pope alone; and taken altogether, not meeting in any other but in the Pope only. Therefore on the whole, who would not conclude the Popes being Antichrist; the man of sin; and son of Perdition. II. By which last, His being said to be a Son of perdition, I am brought from Antichrists Rise, to the last consideration here concerning him, Antichrists down fall, which follows on the other necessarily; for if he be a man of sin, he must be a son of perdition. Of this his fall it is here said, that the Lord shall consume him with the spirit of his mouth, and shall destroy him with the brightness of his comeing (v. 8.) that they all might be damned who believe not the truth. (v. 12.) where is distruction 1. To himself 1. His being consumed 2. Destroyed 1. That he consumed by the breath of the Lords mouth; The breath of the Lords mouth is the preaching of the Gospel which is the word of God so Generally interpreted; And to be consumed implyes a lingring wearing away, and by degrees wasting, and decaying; not a violent and suddain destruction, such as was Simon-Magus his down-fall, said to have been on St. Peters breath or prayers against him. Of this Consumption of the Papal power and greatness by the preaching of the word and Gospel in the world, we have apparent evidence. I shall give it as by Bellarmine expressed, he by that waining in the Papacy, arguing, against the Popes being Antichrist, Antichrists greatness and prevailings in the World, being much spoken of, whereas his fall and declining state, is also described as is si his greatness. Bellarmines words are these: Since that time when ye (Protestants) say the Pope began to be Antichrist, the Papal Empire was so far from increasing, that thenceforth it every day more and more declined, And (as you would have it) Antichrist reigning, the Roman See hath by little and little decayed, it having lost almost all Africa, a great part of Asia; all Greece and even in our very days a great part of Germany, Sweden, Gothland, Norwey, and all Denmark, A good part of England, France, Helvetia, Poland, Bohemia, and part of Hungary are fallen away. (Bellarm. de Rom. Pontif. 1. 3. c. 21.) This way by Bellarmine written an. 1577, as appears in the Preface to that work, so as that decay in the Papal Empire was then within the space of 60 years, accounting from the year 1517, the time of Luthers Preaching (of which he speaks) declaring the Pope to be Antichrist: What then may be the consumption and decay there at this time, being 150 years since? 2. But that Consumption of this son of Perdition, shall end also in destruction, utter and irrecoverable: whom the Lord shall destroy with the brightness of his coming. See this Rev. 17, where the ten horns of that scarlet coloured beast, on which that woman Rome sitteth, are expounded, ten Kings which had not then received their Kingdom, but were to receive power as Kings one hour with the Beast (v. 12.) These were states of the Western Empire, which on the decay of the Empire did setup for themselves, all with one mind giving their power and strength unto the beast, and making war with the Lamb, who shall overcome them (v. 14.) But those ten horns shall hate the whore, and make her desolate and naked, and shall eat her flesh and burn her with Fire (v. 16.) For God hath put in their hearts to fulfill his Will, and to agree and give their Kingdom unto the Beast, till the word of God should be fulfilled (v. 17.) Which fall of Antichrist in several degrees is declared by several Angels in that imployed. Thus of Babylon, Rome, and Antichrist's fall, as to it self considered. II. See that also as to their Adherents, in which our charitable thoughts of them have been by wrong measures mistaken to some disadvantage: that which we say in that, is: 1. That there was a time when Antichristianism was a mystery, not understood, Antichrist not being yet so declared as after. 2. And that after Antichrist was pointed at in the Church of Rome, yet while erroneous doctrines there were but disputable, not imposed, as after in the Council of Trent, to be de fide, with an Anathema to such as thought of them otherwise, and to such as did not understand the reach and depth of those evils; and where the light of the Gospel is shut out, as in some places, and the knowledge of that denied, and persecuted. For these, is our charity grounded, to say well of them, as of those of Thyatira, who had not known the depths of Satan, as they speak (Rev. 2.24.) and those of Pergamus, dwelling even where Satan's seat is; yet (saith our Lord) thou hast held fast my name, and hast not denied my Faith, even in those dayes wherein Antipas my faithful Martyr was slain among them where Satan dwelleth (v. 12.) To be among Hereticks, and not to believe Hereticks, or not being led by them, is St. Augustine's distinction in that case; such ignorance may excuse. But as to ignorance affected, having Light, and means of knowledge, and when called on to come out of Babylon, its ruine being declared, and communion there declared perillous; To such we say, that their continuing so in that state, is hazardous and full of danger: Nor can such rely on ignorance, it not in that case excusing. For in this is condemnation, where light is come; and men love darkness rather than light (John 3.19.) and where the leaders of the People cause to err, they that are led of them are destroyed (Is. 9.16.) and the blind by them so led; both fall into the Ditch. (Math. 15.14.) 4. But as to those who are knowing and who defend and plead for Baal, seducing, and being seduced, and so continuing, the state of such is declared damnable; that they all may be damned, saith the Text who believe not the truth but have pleasure in unrighteousness (v. 12.) and to such belongs that evil by the Angel declared, if any man worship the beast and his image, and receive his Mark in his forehead, or in his hand, the same shall drink of the Wine of the wrath of God, which is poured out without mixture into the Cup of his indignation, and he shall be tormented &c. Rev. 14.9,11. let such consider their State seriously and seasonably. And now to conclude with a word to our selves, that as we are to bless God for calling us out of that Sate of evil, so to be confirmed in the truth, and not to fall back, whatever the Temptation be, good, or evil, saving life, or loosing it; and that we desire the Lords grace in that for help and support. All which I shall shut up in the words of the Apostle, next after my Text (v. 13,14,15,16,17.) We are bound to give thanks alway to God for you, brethren, beloved of the Lord, because God hath from the beginning chosen you to salvation, through sanctification of the Spirit, and beliefe of the truth whereunto he hath called you by our Gospel to the obtaining of the glory of our Lord Jesus Christ: Therefore, brethren, stand fast, and hold the traditions which ye have been taught, whether by word or by our Epistle: Now our Lord Jesus Christ himself, and God even our Father, who hath loved us, and given us everlasting consolation, and good hope through Grace, comfort your hearts, and stablish you in every good word and work: Amen.

Religion

A SERMON of Antichrist Preached at Christ-Church, Dublin, Novemb. 12. 1676.

A sermon of Antichrist, preached at Christ-Church, Dublin. Novemb. 12. 1676.

RelA1682

1 John 2. 24. former part. Let that therefore abide in you which ye have heard from the beginning. AMongst all those various broods of Sects that ignorance and wilfulness have spawned in the World, there is none but is covetous that Antiquity should Patronize it; never decrying its venerable Testimony, nor fearing its oraculous Answers, but when they distrust its votes opposite to their present espousals; Gray hairs being as well the Glory of an Opinion, as the Crown of the Old man. Hence is it that both Nations and Families have had such severe Contests with each other, concerning the time of their first rise, that from thence their Pedegree may appear Ancient, and they might gain renown from the date of their Original. And as in Persons and Opinions, so in things too, quo antiquius eò melius, by how much the more Ancient a thing is, by so much the more is it prized and valued by those that covet a strict inspection into the Periods that did preceed their own, who measure the proportions of an infant World, and thus antedate their own Beings: How precious is a Script of Trismegistus? Or the least Workmanship of an inspired Bezaleel? The smallest Leaf of Solomon's Herbal would be deemed a Present Noble enough for the greatest Monarch; How do we prize an old piece of Roman Coin? Or an antiquated Grecian Monument? Nor is this a Truth receiving a general impress and confirmation, in respect of Artificial and Philosophical Objects; but even Divinity too, having for its Author the Ancient of Days, values that which carries Age furrowed in its Face, and has Gravity and Years visible on its Brow: And nothing seems more to asperse and disparage whatever wears the Title of Religion than to accuse it of Novity, and to bear the date of a late Invention: Hence Haman endeavoured from this Topick to brand the Jews, in that they used other Customs different from the ancient Laws of the Persians, that their Novelty might render them odious to the King, being a crime it seems sufficient to ruin them, when Mordecai could not bow to so insulting a Favorite: Esther 3. St. Paul when he Preached the Gospel at Athens, had prejudice raised against the Truth of his Doctrine, by affirming him only to be a setter forth of strange Gods, and introducing new propositions into the World; Acts 17. Celsus when he professedly wrote against the Truth and Divinity of the Christian Institutions, thought he had cast sufficient blemish and contempt upon its Authority, when he had satisfied the World that it was new and unheard of: Orig. contra Celsum. Lib. 1. And Eusebius assures us that it was a common stratagem, and usual contrivance for the Christian Religion from its first entrance, to be reproached with its strangeness and novelty; Euseb. Eccles. Hist. Lib. 1. Cap. 4. all mankind (as it seems) measuring the truth of things by their Antiquity, and general reception; and if we approach nearer to our own Confines we shall find the two great struglers for the Western Empire of Conscience and Religion, still endeavour to Crown their Opinions with old Age, and to gain both Strength and Honour to their Establishment from time and duration. The Romans would have the World to understand that the Pillars of their Church were founded with Christianity, and that our Saviour himself once held those Keys which he afterwards delivered to the Papal Succession. But though they had a firm Foundation, they have built upon it a tottering Superstructure. The Protestant would willingly obliterate the odium of a late Reformation, and will antedate Luther and the German heats, searching in the midst of a bloody Inquisition; some being willing to Travel to Bohemia to derive their Principles from John Hus, and Jerom of Prague, not only sending us to our own Wiccliffe, but eating through the Mountains to find out the more Ancient (though obscure) Waldenses: others (and that more justly too) as if all this will not yet evince their Principles Aged, will Travel farther to the Churches Cradle, and find out the Manger in which our Saviour himself was laid, and from his Mouth receive their Doctrine, reviving what might seem dead, having for some time been buryed in the dust and rubbish of mens Inventions; and freeing it from those Burdens and Corruptions which a gainful Interest, and bold Presumption had loaded it withal, thus cause that to abide in them which Christians heard from the beginning. Antiquity then being so powerful a motive to persuade to Religion, that all strive to catch and grasp it; I shall easily prevail for a diligent attention since what I deliver shall be that which has been heard from the beginning. In which Text we have an Exhortation both Grave and Seasonable; Grave it is, avoiding those levities and varnish which Novices use to wrap their late and uncouth Opinions in, that they may be snatched at with the more greedy Appetite: As Physicians put their bitter Pills in sweet Conserves that the Patient may swallow them with the greater delight: and seasonable was this advice too; since Simon, and the Gnosticks, did now attempt the murdering Christianity when it was just born; as Herods cruelty, drinking in, with an insatiable thirst, the blood of Infants, would have Crucified our Saviour in his Cradle, before Age had given him Strength and Stature, not only to publish his Fathers Message, but even to bear his own Cross. Nay least this accursed, and Antichristian Sect, provoking their desires to unlawful Lusts, detracting from Christianity by an impious and incoherent intermixture of Jewish and Heathen Rites and Practices, with what was now Solemn in its proposal, and Sacred by its establishment, should not be able to impede, or retard, the most glorious flourish of Gospel Truth, and forbid the spreading of the Christian Church, that Noble Vine but newly Planted; Cerinthus also now advanced, with all the wild Boars of the Forrest, if possibly, to undermine and root her up, denying the Divinity of its first Author: An Heretick so foul and polluted, that the blessed Pen-man of my present Text would not come into the same Bath in which the wicked Cerinthus washed, least he should be defiled with that water which had touched so filthy and loathsome a Carcass; and the Bath it self, sensible of its own pollution, should immediately fall to make a Grave for its self and possessours. In the Exhortation then there are three Parts presented to our view (1.) A Duty, Let that therefore abide in you, (2.) Its Object, Which ye have heard; (Lastly) The Motive and Inducement to the Duty, Because it was from the beginning. I must crave leave to invert the Parts, though it shall make no alteration in the Sence; that first the Object being explained, and the Motive proposed, the Duty may be with the greater facility pressed and embraced. (1.) Then, Let the Object in the Text exhibite it self; and this is nothing but what ye have already heard. As Faith it self is generated by the Ear, so what you have heard is nothing else but the Object of your Faith; for thus does the Apostle conclude the inference; Faith cometh by Hearing, and Hearing by the Word of God, (Rom. 10.17.) But as Hearing is the Conduit to convey Faith, so sometimes is it the decoy to infidelity; because there are many false Prophets gone forth into the World; and a seeming truth may make the same impression with truth it self. Nay, our blessed Saviour, that he might not leave us without due Caution, has informed all Ages and Generations, that there shall arise false Christs, and false Prophets; yea! and shall superadd Wonders to their Oratory, not only to amuse the World, but to gain credit and reputation to their Doctrine; insomuch that (if it were possible) they shall prevail to the dismal shaking of the strongest Oakes, and the rooting up the tallest Cedars of Libanus; even to the putting a falacy upon the very Elect, (Matth. 24.24.) The Ear of Man, being the recepticle of all Sounds, no wonder that it admits the founding Brass and tinckling Cymbal, as well as the Trumpets of the Sanctuary. Simon Magus may be as as as welcome to the Samaritans, as Paul and Barnabas to the Disciples at Antioch. If a vain-glorious Herod has but Confidence enough to make an Oration, though repugnant to the first Principles of Religion, nor wonder that it makes such an impress upon the Multitude, that they give shouts, with the loudest Acclamations, and attribute to him the Wisdom of a Deity, who is scarce endowed with the Prudence of a Man; (Acts 12.22.) If a mechanick Silversmith, prompted with no other motive than what Avarice and Interest can dictate, shall confidently plead for the Shrines of Diana; the clamorous Multitude shall soon cry out, Great is Diana of the Ephesians, (Act. 19.28.) So easily captivated are vulgar Affections, and of so slender a value is popular Applause. The mutable Croud will change their Religion with their Garments, and is of that still which is of the newest fashion. As if novitas essendi were the Being of Devotion, and Age were not the Measure of Divinity. As if the newest Stamp were to be deemed alwaies the truest Metal; and the last dictate of a fallacious Understanding were the best object for the Wills embracement: Then indeed our Saviours Argument would be nothing but a Sophism against Pharisaical Devorces; From the beginning 'twas not so, (Matth. 19.8.) nor would the Advice in the Text be solid; Let that therefore abide in you which ye have heard from the beginning. But it is not every thing that pleases the Ear that must be closeted and lodged in the Heart, lest Tares being sowed amongst the Corn, they spread, and flourish, and o'er-shadow the Grain: Our Saviour therefore knowing our promptitude to imbibe what might seem pleasant, and to swallow Poyson if wrap'd up in gilded Pills; leaves a grave and severe Caveat, Take heed what ye hear, (Mark. 4.24.) and lest our strict observation of the matter should make us regardless of the manner of performance; St. Luke delivers it, Take heed how you hear; (Luke 8.18.) Eccles. 5. As well knowing that too too too few look to their Feet when they approach the Sanctuary of the Lord, but are more ready to offer the Sacrifice of Fools, then to hear their Vices redargued as they ought; not allowing themselves so much either of time, or seriousness, as to consider that they do evil. These are such Auditors as St. Austin reprehends, Audientes corporis sensu qui non audiunt cordis assensu; Aug. be bono persever. lib. 2. cap. 14. who use the Word and Doctrine of the Gospel only as an Ornament to deck the Head, not as a foundation to establish the Heart; that hang it only as a Jewel in the Ear, but reserve it not as a choice treasure to enrich the Soul; whose practice is just opposite to St. James's advice, they will not lay apart all filthiness and superfluity of naughtiness, that they may receive with meekness the engrafted Word which is able to save their Souls; (James 1.21.) Too Too too many sooner bow their Ears to what may irritate and provoke their lust; to the frothy discourses of deceitful Tongues; to bold Rants, and jovial Catches; to those lewd Sonnets that are the loose composures of looser brains, which being heated with vice, boil over in scum and filth: men are more attentive to new Oaths, and unheard of Blasphemies; to such as jest, and droll down Religion, that it may no longer interrupt the pleasant wickedness of a degenerated Age; to such as are so hardy as to Lampoon Heaven, and make Satyrs against the Quire above; that would, if either method might prevail, Flout, or Hector, God Almighty from his Throne; whose Language is more exalted than rayling Rabshekeh's. These, that are spots in our Feasts of Charity, become the only Persons worthy of Entertainment; their black Language is viewed, and gazed on, as the brightest Oracles; every shrug raises admiration, and a little smile is enough to authorize a great jest: as if these wandering Comets were of more solidity than the fixed Stars; and the Language of Hell to be more diligently attended than the Voice of Heaven. God at once pardon and remedy it. The Ambassadours of the Most High may take up the Lamentation of him that first gave them their Commission. To whom shall we speak and give warning that they may hear? Behold their Ear is Uncircumcised, and they cannot hearken; Behold the word of the Lord is to them a reproach; they have no delight in it. (Jer. 6.10.) Some indeed are much for the Ear; attending to those scandals and reproaches that the envious man will cast upon him whom his malice ruins, or his ambition undermines: others, even in Sacred things, reduce devotion all to the Ear; and when God, principally requires the Heart in Prayer, these will give little else but the Ear in Hearing; being as partial in their Sacrifices towards God, as they are in their Censures towards their Neighbours, as if the Decalogue were now abolished, and the only Command were, Hear O Israel. 'Twas the error of the Euchites to be always Praying, and 'tis as great an error to be always Hearing: as if the School of our Saviour should not only be enjoyned Biennial silence, but be for ever mute. Porphyry indeed, (that great Blasphemer Blaspemer , big with malice against the Heavens) when checks of Conscience forced him to speak out something of the results of his own Reason, teacheth us to Sacrifice our Souls to God in silence with Chast thoughts; How Chast men are at those seasons that ought to be attended with Solemnity, and Devotion, it would be presumption in any to judg: but sure I am that they put in practice this sage advice of their Father Porphyry, who thus pretend to Worship God in silence: As if he that made the Tongue as well as the Ear, did not require the one to make Oblations of Prayer and Praise, as well as the other to Hear his Word; or he that Created the whole man would be contented with a partial Sacrifice. And now if any one has Ears to hear let him hear; and not only so, but retain also what he has heard; so will the Exhortation in my Text be embraced: Let that therefore abide in you which ye have heard from the beginning. Having thus endeavoured to free mankind from such diseases and distempers in Religion; I must now crave leave to attempt the recommendation of our duty; and persuade men to the diligent attention to that Sacred Word, which is able to make us wise unto Salvation, and be greedy to receive it, when not extended in an adulterated hand: For as we cannot hear without a Preacher, so he cannot Preach that is not sent, (Rom. 10.15.) Tert. de præ. Scrip. Hæret. cap. 41. Some men are like those large tongued women in Tertullians time, who though a person of excellent Language, was yet forced to inveigh against them that being so liberal of their Speech in Private, conjectured they had, if not Rhetorick, and Reason, yet yet yet words enough, to declame in Publick; whom the Father reprehends in this Prohibition: Tert. de virg. velandis. cap. 9 Non permittitur mulieri in Ecclesiâ loqui, sed nec docere, nec tinguere; nec offerre; nec ullius virilis muneris, nedum sacerdotalis officii, fortem tibi vindicare: or like those that St. Austin complains of, in the second Chapter of his first Book of the Trinity, that are garruli ratiocinatores, elatiores quam capaciores; that are pratling Disputants, more shrill than rational: How many dismal mourning souls, whose Education never advanced them to any degree above Mechanism, steal away the Priests Office, as Neanthus did Orpheus's Harps, who thinking to effect the same wonders Orpheus did, and make Woods and Trees dance after his melody, played so ill, that the very Dogs, being affrighted at his strange noise, tore him all in pieces. When we hear therefore, we must not throw away our attention upon usurping Schismaticks; whose very Preaching is their Crime, because without a Sacred and Divine Commission; and since giving them Audience is their encouragment, it can no less involve such easie Auditors in a snare and guilt. And yet, since the Text exhibits something that always has been heard, it does not only imply our duty of attention, but presents us with what we ought to hear; and thats the Gospel; what both the Apostles and Disciples were acquainted with from the beginning: And since, in that Sacred Testimony to our Saviour, there are various Truths which make up its Contexture; those things are first to be heard and received that are in themselves most Fundamental; Primarium dogma de Christi divinitate, (says Justinian) the chief Doctrine of the Divinity of our Saviour, without which the Foundation being sunk, the whole fabrick must of necessity be demolished: For since his Divinity gives merit to his Passion, by which his temporal punishment bears proportion to an infinite offence; detract from his Deity and you spot his sufferings; and then if he be a Lamb with blemish, though he be slain, he cannot satisfie; and so the series of our Salvation becomes disordered, and our eternal safety undermined. And now perhaps some wise person might take advantage to exhibite, or adventure at a Catalogue of Fundamentals; and a clamorous Adversary might with as much confidence and triumph demand them; but when we receive a particular of Explicits, we may then attempt a Catalogue of Fundamentals. In the mean time, since Faith is the general condition of the Gospel; and, He that believeth, and and is baptised, shall be saved (Mark. 16.16.) Methinks we need disturb our selves no further for Fundamentals, than to define what compleats that one thing, Faith. And though Interest and Opinion have rendered it as different from it self as one mans fancy from another, and we have created almost as many varieties of Faith, not only as there are Nations in the world, but men too; (multitudes dealing by it as Caligula did by the Image of Jupiter Olympiacus when he took from it its head of Gold, and put upon it an head of Brass;) yet if we will admit the Father of the Faithful: to explain the difficulty, we shall find that the practice of the Patriarch Abraham, (who is exhibited as a pattern for Gospel believers;) will give us a prospect of that Faith which had its being from the beginning. And though there are many acts of this ancient Faith presented to our perusal in New Testament Pages, yet there are two comprehensive of all the rest, to wit Belief and Obedience. For when he to whom all things are possible, had promised a branch should sprout forth from this dry Root; and that he would be his shield, and great reward (Gen. 15.1.) Abraham did not question the word of a Deity, who, he knew, was able to controul the world, and alter the power of second Causes according to the pleasure of his own will: but stedfastly assented to the truth of what God had promised; relying on it with Faith and Expectation. And as this Action includes belief of the Promises, so the second prescribes obedience to the Commands; and it was that work which St. James says justified him, even the offering up his Son Isaac upon the Altar (Jam. 2.21.) So that to sum up the whole Gospel in one word, that you may here have presented in an Epitome, what I humbly beg may abide in you: He that believes the Promises, so as to obey the Precepts; that accepts his Saviour as a King to rule, and a Prophet to teach, as well as a Priest to make attonement; and, consequently, submits to the authority of his Laws, and to the conduct of his Ministry and Discipline; that relies upon the merits of his Cross, and persues the steps of his vertuous Life, in order to the securing his eternal Safety: He is the Person who retains what he has already heard; and he need not fear any deceiptfull Imposition, since he embraces that which was from the beginning. Which minds me of the Motive here proposed, to fortifie our resolutions, that what we have heard may abide in us, since it is no more than what was delivered from the beginning. In Philosophical Propositions we usually deem those most certain that later experiments prove, and evince: but, in Divine Truths, those are best that were from the beginning. Time, which is in a continued flux, being in this like the swiftest Torrents, that carry down to us what is light and frothy; but sink that which is grave and ponderous: and indeed Reason, which is the result of our nobler part, if not disturbed by passion or interest, is the surest guide in the midst of perplexities; and this does, upon the first prospect of Religion, lead us to that which was from the beginning. And Christianity being that which pretends to be first begotten in Heaven, though brought forth here on Earth, owning not less than a God for its Author, whose great propositions are made up of Eternal Truths; and since the Apostles were inspired to a compleat delivery of what was at first Preached by our Saviour, the same Doctrine, by a continued succession, having been derived and conveyed to Posterity; it follows, by an inevitable conclusion, that the surest way, for us, to whom these Principles are exhibited, when any Objection, or different Opinion, presents it self, to startle our apprehensions; is to persue the first Rule, and follow that which was delivered from the beginning. But since the various subdivisions of those that intitle themselves to the names of Christians, pretend to those infallible Maxims treasured up in the Sacred Book; there must be left a Judg of Controversies; or else there will remain no way of freedom from present disturbances, or certain method of reducing those who, being too fond of their own fancies, resolutely adhere to their private Opinions, to the detriment of Christianity, and ruin of themselves, and the obstruction of Peace and Unity in the world. The Doctrine of the Gospel, although certain in it self, being conveyed to us in Words and Language which may admit of different Constructions, suitable either to the use of words, or the apprehensions of men, cannot, (without such a judgment upon it as may oblige the various extravagancies of mankind to silence, and a passive submission, whatever may be their internal belief;) be sufficient Clue to lead us out of these Labyrinths: Though had the multitude of its Followers justly measured and proportioned Understandings, rightly to discern the Fruits wrapped in those Leaves, it must appear to every man, the best, and only Conductor in the world. But, because every person usurps Authority to interpret, and every Illiterate and Enthusiastical head, if he has not reason to confirm his Gloss, has confidence however to pretend an Inspiration; necessity inforces us to seek some method to quiet our minds, and to allay the briskness of our own fancies, and those heats and fury, that our warmer contrivances introduce into the world: that so we may arrive at such certainty as is possible to be obtained, of what was heard from the beginning. And though I shall not attempt the leading any to St. Peters Chair, nor beg that Rome may be the place of Umpire; because there is no need of fetching water from Tiber when we have clear Fountains at our own doors: yet reason must force this confession, that since it is not the letter, but the sence, of Scripture that is the proper Guide of life; there must be allowed some Interpretation, since our demands to one another may be the same with the Eunuch to St. Philip, how shall we Read without some Interpreter? And then the last question will be who are those that are most likely to exhibit to us the exact design of Scripture Phrase, and the infallible Rule that leads to Life? To produce therefore some conclusions touching this controverted, and difficult, Question; Those must certainly best inform one of the meaning of a Sermon, that have had the most familiar acquaintance with the Preacher; Capacities also to apprehend, and Fidelity to deliver what they have received from the mouth of the Orator: upon which proposition those persons, that seem most rational, attempt the proof of the Apostles Writings that are but the first Commentaries upon that Gospel which our Saviour Preached and Ushered into the World. From hence (secondly) it follows that the persons who were the immediate Disciples to those Holy Penmen of Sacred Writ, having the advantages of Converse, and the benefit of Audience, must of necessity be the fittest Judges of what is Controverted in matter of our Religion, which we pretend to derive from their Books and Writings: and there seems to remain nothing to be doubted, but either their Capacities to receive, or their Faithfulness to deliver, what they heard from the beginning. Their Capacities and Parts their Writings publish; their Integrity and Honesty their Lives declared; neither had they either reason, or advantage thus to cheat, or impose upon, the world. And therefore those Writers, who lived in the first Ages of Christianity, are first to be believed; that in difficulties and straits we are to have recourse unto; and consequently the later to be less confided in, as having met with greater and more subtile opposition, and therefore subject to more intermixtures of heat and passion; and like Rivers, the further off the Fountain, the less do they retain of their first purity, and the greater mingling of different waters. As the nearer we are to the Fountain therefore, the clearer will the Stream be; so the nearer we Travel to that which was heard from the beginning, the more certain and infallible will our Guide and Rule be. But because the reports and sayings of Fathers are like melted Wax that receives the Image suitable to the Seal which makes the impression; and persons of divers Churches, and Persuasions, deal with their Sentences, as young Sophisters with a Text of Aristotle, by a distinction, or a figure, force them to countenance the various Sentiments of their disturbed minds: If we rest here, we shall still be as far from the end of Controversie, as the Controversie from the beginning of Truth. To proceed further then, by the assistance of those means our Reason dictates, together with prayers and humility of mind, to the investigation of what we are to rest in, as that which was from the beginning. A General Council would quickly determine it, did not an Empire now Cantonized; the opposite Interest of Princes among themselves; diversity of Factions sprung up among their Subjects; the great Prejudices that are in the world; and above all, over grown Popery, clearly obstruct its Justice and Freedom; and I might say, its Possibility too. As every Episcopal Church, therefore, was Planted, at the first, Independent of another; yet, to preserve a Church Catholic upon Earth, admitting an Universal Union, Correspondence, Advice; and, by consent, an Obligation upon particulars, by Authority from the whole. Every particular Episcopal Church had a power of Discipline as well as Doctrine, committed to her trust and managery; the first Planters conveying downward, through a Sacred and uninterupted Succession, their Authority and Jurisdiction to this Age, and this Church, to which we now pretend a Relation. In Controversie and difference (as the Case now stands with us) there can be no Example, or Rule, or more Rational Pattern, or Guide of Action, than that of the Primitive Planters of the Gospel; which is, that the Inferior be regulated by the Advice and Authority of the Superior, and all submit to the reasonable resolution of a National Council. Thus when the great dispute about Circumcision was raised at Antioch, the Metropolis of Syria, they Appealed to Jerusalem, to which Antioch was subjected, being a place of Superior Jurisdiction; and the determination of the Bishops of Judea, with Paul and Barnabas, Representatives of Antioch, fully silenced any farther Dispute, and was the infallible sentence in which they acquiesced. Acts 15. But now, let not any men wonder that I call the Sentences of such Councils Infallible; since 'tis only using a Popish word, to express Protestant sence, to our selves, which overthrows the Roman claims over us. For this being applied to our Councils here; our Church neither erring in Fundamentals, nor pretending to usurp upon the Natural Priviledg of mankind to judge for themselves as far as they are capable; but only assists and helps their Understanding in what they are deficient for want of Education; creating no New Articles of Faith: nay imposing nothing on the belief of any, but what the Scriptures have Authorized before; and Ordaining nothing by its own power, but a limitation of the outward actions of men: its decrees in things that are thus the subject of human Laws, are either to be actually obeyed, or not publickly or tumultuosly contradicted. And this is what I intend to be the sence of the Infallible Sentence of a National Council, without which, Controversie can never be ended, no Legislative Authority maintained, nor Peace and Order remain among us. For want of this moderate and sober apprehension of things, men make themselves lyable to those Penalties of Laws which good natured Magistrates so unwillingly inflict, and well meaning Christians pity, and at the same time admire the Confidence of those who are so hardy, and willing to deserve them; especially when they consider, also, that the same persons can be tamely silent, in Forain Countries where Principles of Religion more severely contradict the Sentiments of their minds. 'Tis true, indeed, a Council may err, unless they could put off their manhood, or to every decree have a fresh Inspiration, or receive a Divine Testimony from Heaven; and yet it is to us Infallible; (i.e.) to silence our open Disputes against it, and to be the Rule for our External Obedience. For frail men cannot possibly proceed farther in the searching out Divine Truths, than in the means, and way to find out the Revelation; and to understand it when it is found; leaving other indifferent things to the determination of those who have Authority over us: and those means that I have mentioned seeming to be all that Reason and Discourse, when not disturb'd by Lunacy or Enthusiasm, are able to propose; and since the only Evidence we have to prove the objects of sense against the bold denial of a confident Sceptick, is to call in many, against the obstinacy of one, to give Testimony to what we see, or hear; and so to decide the difference betwixt us: If I err with submission to that Authority which I find the ultimate mean to determine, my Crime, certainly, will not be so great, but a pardon will as necessarily attend it; since the most gracious God does not require my action to be beyond the Sphere of my capacity; nor my apprehensions to exceed the Powers of my being. But the Authority of Councils, as hitherto stated, may seem too naked to be submitted to; and yet we observed in the first times, a ready obedience to their decrees, when backed by no Secular Power: If therefore they were obliging then, they engage us by another addition, and are strengthened by a Civil Sanction. For as, when the Emperors became Christians; what was before Established by our Saviour and his Apostles, and asserted by Pious Bishops, and Divines Congregated for that purpose, and drawn into Sacred Canons, or Rules, received a Sanction from the Legislative Power resident on Earth; and were so embodyed with Imperial Laws, that the Magistrate was Custos utriusque Tabulæ: so the Protestant Church, among our selves, has its Foundations, in the Word of God, (derived downward from prime Antiquity) so inlaid with the Temporal Laws of our own Kingdom, that the one cannot be invaded with Triumph, but the other nods; nay totters, till it falls into inevitable ruine; and we need not a new Experiment to shew it. This every one, at length, believes, that is not, by being engaged in past mischiefs, an enemy to both, and like Cataline, resolved on future evils to justifie, or secure, those that are past. But they, more distinctly, are acquainted with this, who are Learned in the Laws, than we, who being Divines, are willingly supposed ignorant of them. Yet this seems to be the great Reason why such as design to invade the Crown, make a pass at the Miter first, because the Church is a Guard to the Palace, as well as the Palace a defence to the Church. Till this therefore be wounded, or removed, the disturbers of the Peace of both, cannot, in probability, ascend the Throne, nor place a Duke of Venice there. But, to return from this digression; a National Council ought more especially to determine the Controversies among us, so as to oblige us to Peace, because their Decrees are our own Acts, having chosen the persons who represent us in it. Yet to silence doubts, and scruples, about this matter: whatever regard we may all have to tender Consciences, that are not raw; the different thoughts of Worship among us, being such as produce squabble and contentions, these, for our necessary ease and pleasure, dividing us into separated Clans; and these making us fit for Conspiracy, which, without any more Devils than our selves, may advance it self into an actual Rebellion: And when various, and severe Contests about Religion have openly distinguished men from each other, till they are hardly able to know themselves; when private Dispensations, shall, in some cases, vacat Publick Oaths by single Interpretations, and in Equivocations, and Mental Reservations men are able to out-strip the Jesuit himself; this is a way to remove the Pope, only by bringing him into our own Bellies, and instead of a Union of Protestants among our selves, is the direct way to introduce Popery in Masquerade (that I may use some Rhetorical words) and to imbrace what we declame against, and every Protestant is bound in his own capacity, to withstand. But when Trade and Occupations determine our Option, and past Acts (though evil in themselves) must regulate our present, and future, deportment: when persons chuse their Articles of Creed, as well as various ways of Worship, suitable to what they gain from those with whom they seem Religiously to associate: Conscience and Christianity do no longer guide them, but they give away their choice to Clients, Trade, and (amongst Divines) to the preferments of this World; and, all this while, 'tis Earth becomes their Supreme God, and Secular Interest governs their Religion. When Affairs therefore, through our own indiscretion, or the wickedness of others, are brought to this pass, that men will violate their Oaths to preserve Religion, or neglect Prayers to serve God; or attend Prayers to serve the Devil, and when, by such methods as these, the Prologue is made to the dismal Tragedy of a general Confusion, 'tis time to call for a solemn Consultation and for a Christian Magistrate to interpose by Law, least the Disorders in what we call by the Ancient and Venerable name of Religion, may have too severe an influence on the State, and both be ruined by the same hands; since these are like Hypocrates Twins, that weep and laugh both together. 'Tis time therefore (at such a Season) to call upon our sleeping Laws to awake, whose Penalties have an equal Sanction with themselves: and more especially, because punishment of Extravagant Offendors can be no Persecution, when the Christian Religion is not concerned, but the various Interests of this World; and Penalties (in this Case) will only restrain the inordinate Affection of some men to their private Concerns in relation to their abode here; and teach them how to be Crucified to this World, that they may more easily ascend into Glory in the next. 'Twill keep them steady whilst they walk upon the Earth, when the Wings of their Ambition are clyp'd and pois'd; and cause them to grow better, by Religion, and Loyalty; that by a peaceable departure out of this Life they may enter into the Joy of our Lord. This (though, to some, it may seem severe) can be no violence offered to Conscience, where we plainly see there is none at all. 'Twill be at most, no more than a limitation of Trade and Covetousness, by restraining the Contentions and Ambition of mankind. And now, if upon all this Discourse, a carping Protestant, or angry Romanist, should blunder upon this Objection; that if the Church be infallible, quoad nos; so it was at the time of our withdrawing from the Roman Communion, and therefore we then breaking the Principal Bond of Truth and Union, must remain guilty of the greatest Shism, unless we return to that Church from whence we have departed. It is, without any difficulty, replied, that he supposes that granted which we will not yield; for we were never lawfully subject to the Roman Church, in respect of Spirituals, any more than we were to the late Monster of Traytors, in respect of Temporals: a prosperous Usurpation giving them no better Title over our Church, which was distinct at its first reception of Christianity, than the others possession gave him right to his Sovereigns Throne; both being effected, by Subtilty, Force, and Usurpation. Thus having, through this Discourse, exhibited a great Character of Truth, which is prime Antiquity; and given some slender account of what has been heard from the beginning: All that remains is to inforce the Apostles Exhortation to the duty, and beg that ancient Truths may abide in you. We have now had the Tryal of all things, let us therefore hold fast that which is good: we have been too long tossed in a storm, but having at last, arrived at a safe Harbour, let us no more sail out among the Rocks, nor put to Sea whilst the Winds rage, and the Waves roar. The True, Ancient, and Apostolick Faith was, for some time, like the lost sheep; it wandred about in a Wilderness of Error, and the by Paths of Heresie and Schism, being torn and scratched with Briars and Thorns, not only till it was smeered with blood, but at last it became Naked Truth: Naked, indeed; for being void of Hypocrisie, it became Naked of Friends too: But now, since we have found the lost sheep no wonder that I Exhort you, as he did his Friends in the Gospel; Rejoyce with me for I have found the sheep that was lost. And since the search has been no less tedious, than in these times, full of hazard; let us no longer shift the Principles of our Religion, nor permit the wry Face of a man to draw our Souls and Bodies asside; but let those Truths abide in us which we have heard from the begining. Why should I use any Rhetorick to persuade, when there is the Authority of God to command? Tacitus informs us of Cæsar's Soldiers; Imperium potius quam concilium sequebantur; A word of Command was more to them than persuasion or advice in a formal Speech. And shall we that march under our Saviours Banner be more disobedient than a Heathen Militia? Why should we not for Edification submit to true Decency and Order, that we may no longer be like Samaritans and Jews, refuse kinder Correspondences with each other? As the Apostle therefore Exhorts those Jews, who, though dispersed, were united in Christian Faith and Discipline: so let me, with all Charity and Affection beg, that you would hold fast your Profession (Heb. 4.14.) Can we reasonably part with the Glorious Gospel which promises Crowns and everlasting Rewards; that takes care of us after we are Dead, and leaves us neither in Purgatory or the Grave; nay, that free us from the Torments of Hell, and advances us to the Joys of Heaven: We cannot once depart from our Religion, but at the same time we abandon our selves, exchange our Reason for Folly and Madness, and barter our precious Souls for trifles; and what proportion in this exchange? What is a man profited (says our Saviour) nay, how is a man utterly undon if, to gain the whole world, he loses his own soul? (Matth. 16.26.) Understand what you are capable of apprehending, and when you have found a Doctrine to be sound, take St. Pauls advice to Timothy; Hold fast the form of sound words, (1.Tim. 1.13.) Many of our fierce and staring Seperatists, like their Ancestors of another denomination (the Papists I mean) embrace Principles and Ways of Worship, though they understand them not. As Quintilian speaking of the Toscan Rights and the Soothsayings of the Salian Priests, Vix Sacerdotibus suis intellecta, sed quæ mutari vetat Religio. Scarce apprehended by their Priests themselves, but yet their Principles and Religion forbid a change. But that Gospel which has been heard from the beginning, is no Airy Doctrine to be condensed into a Cloud; nor so hot, as to be raised into a Pillar of Fire: we are not to be conducted as the Israelites were of old; nor, thanks be to God, and a Christian Government, is the Church yet in a Wilderness condition; our Principles are as Plain as Honest; and our Religion as Intelligible, as it is Rational; and the Doctrine and Discipline, if our Practice Corresponds, which the Church of England pretends a reverence for; by Gods blessing, being submitted to with meekness, will be sufficient to save our Souls, through him who first published it to the World, and died to make satisfaction for our sins. Let this therefore abide in you; that you may not be, like Waves of the Sea, always rolling, and driven which way a Storm pleases; but setled, and immovable, always abounding in the Work of the Lord; which let God Cooperate and strengthen you in, for Christ Jesus's sake; To whom with the Father and his Eternal Spirit, be all Glory, and Honour, now, and for ever. Amen.

Religion

An old way of ending new controversies; in a sermon preached to the comptoller, and the rest of the gentlemen of the [...] Inner Temple [...]

RelA1696

Psal. CXLIV.10. It is He that giveth Salvation unto Kings: who delivereth David his Servant from the hurtful Sword. I Presume that upon the very reading of these Words, you are convinc'd that they are not unsutable to the Work of this Day; who are here before the Almighty, to acknowledg that he hath eminently given Salvation to our King, and hath miraculously deliver'd him from the hurtful Sword; by bringing to light the hidden Works of Darkness, by baffling and defeating the late Barbarous Conspiracy of wicked Men to Assassinate his Royal Person, and to rob his Subjects of their established Liberties, by encouraging and assisting an Invasion from France. Especially considering that this Psalm, of which my Text is a part, is thought to have been composed after the Death of Saul, and in the beginning of David's Reign. Whenever it was, it certainly followed some extraordinary Deliverance, which David had received, and does in the Text acknowledg to be given by a special Hand of God: and it is not improbable that it was in the beginning of his Reign; for tho' David was at first anointed by a special Command of God, (while Saul sway'd the Scepter of Israel) 3. Sam. 16.12,13. to signify that God had chosen him to govern his People, and that upon Saul's Death he was immediately to fill up the Throne, yet after he was anointed King over the House of Judah, 2. Sam.2.4 it was a long time before he subdued the Rebellions of those that adher'd to Ishbosheth the Son of Saul, Ver. 8. who made some Pretences to the Crown, and was accordingly assisted by Abner Ver. 9. the chief Captain of Saul's Host, and so made King over Gilead, and over the Ashurites, and over Jezreel, and over Ephraim, and over Benjamin, and over all Israel, except Judah, as the next Verse informs us, ver. 10. But the House of Judah followed David. So that the greatest part of the first seven Years of David's Reign was spent in the Fatigues of a hazardous War; hazardous it must needs be, when he had rebellious and unnatural Subjects at Home, and cruel Enemies Abroad. Yet God was pleased by his remarkable Protection and Defence, to disappoint wicked Men in their Designs against him. Which occasions him in the beginning of the Psalm to express his grateful Resentments in such Words as these, Blessed be the Lord my Strength, who teacheth my Hands to war, and my Fingers to fight. My Goodness and my Fortress, my high Tower and my Deliverer, my Shield and he in whom I trust: who subdueth my People under me. q. d. I disclaim all glorying in my own Prudence and Conduct, and desire to give the entire Praise of my Success and Victory to him that hath girded me with Strength unto Battel: who has caused those to bow under me that rose up against me. Psal. 18.39. The Counsels of mine Enemies have been baffled by the Wisdom of God, and their Armies scatter'd by him who is the Lord of Hosts. God has eminently been my Deliverer, for he hath saved me from those whose Mouth speaketh Vanity, and whose right Hand is a right Hand of Falshood. Ver. 8. In which Description of his Enemies he plainly intimates they were such as paid no deference to Truth or Justice, to Honour or Religion: It refers to the Custom of the Jews, who when they swore lifted up their right Hand towards Heaven; and when they enter'd into a Covenant with Men to signify their Consent, they gave one another the same Hand: Their right Hand is a right Hand of Falshood; they are Men that can break in upon their own Covenants, and violate their Oaths to God; Treachery and Cruelty compose their Character. And how justly this same Description may be affixt to our Enemies, I need not say; since we all understand the Language of a Despotick and Arbitrary Power, which in the late Reign made great Advances against our Civil Rights, and against our Religion too: And as for Lewis the 14th of France, the Ashes of the Protestants, demolished Temples, the Blood of their slaughtered Innocents, both in France and in the Vallies of Piedmont, are enough to make his Name for ever to be condemn'd in History, as being one of the most barbarous Sons of Violence and Blood. Now a Deliverance from such Enemies as these, did so awaken the Gratitude of David, that he cries out, I will sing a new Song unto thee, O God: Ver. 9 as if he had said, I will not alienate from my great Deliverer that Tribute of Praise that is his rightful Due. Then followeth the Text, It is He that giveth Salvation unto Kings: who delivereth David his Servant from the hurtful Sword. Which Words will furnish us with these two general Heads of Discourse: I say righteous Kings, because my Text saith, David thy Servant; and I add these Words, from the mischievous Designs and Plots of evil Men, because my Text says, from the hurtful Sword; i. e. from the design'd Mischiefs of the hurtful Sword, which was to take away the Life of the Innocent. I begin with the first of these, Namely; That the Salvation or Victory that Good Kings obtain, is given them of God. All that I shall say to this Observation shall be only to prove it, that I may make the better way to the second, which I design (God willing) principally to speak to. For the Proof of this first Observation, see the 9 Eccles. 11. I return'd and saw under the Sun, that the Race is not to the Swift, nor the Battel to the Strong, &c. A swift Runner may tire in a Race, and come last to the Goal; and a strong Army miss of Victory, for Success in War does not always ensue upon vast Preparations, and a mighty Force. So that sometimes the most unlikely Undertakings succeed well, when the most probable and best-laid Designs are defeated and broken. And how is this brought about, but by the Finger of God? Who as he hath made, so he also governs the World, and gives Success and Victory to whom he pleases; to whom we may say, as King Asa in his Prayer, 2 Chron. 14.11. Lord, it is nothing with thee to help, whether with Many, or with them that have no Power. God hath sometimes given a Defeat to a numerous Army by visible Miracles. Need I instance in that amazing Check that the proud King of Assyria met with in the Overthrow and Ruine of his Army by an Angel, who slew an hundred fourscore and five thousand in one Night? or need I tell you of the Wonders God wrought in Egypt for his People; or what a Deliverance he gave them at the Red-Sea? This Doctrine that I am now upon was so well understood by David, that he frequently renounced any Dependance upon an external Force, There is no King (says he) saved by the Multitude of an Host: A mighty Man is not deliver'd by much Strength. Psal. 33.16. And in the 44th Psal. 6. I will not trust to my Bow, neither shall my Sword save me. And this is yet further confirm'd by Solomon, Prov. 21.31. The Horse is prepar'd against the Day of Battel: but Victory is of the Lord. To whom but to God could the Victory of Gideon over a very numerous Army be ascribed, when the Clattering of Pitchers, the Sound of Trumpets, the Light of Lamps, and the united Cry of 300 Men, [The Sword of the Lord and of Gideon] discomfited a Mighty Host, and caused every Man's Sword to be against his Fellow. Judg. 7.2 & 22. But what need I run so many Ages back, when there have been so many Instances within our Memory to confirm my Observation? Particularly the late Glorious Revolution by the Undertaking of the then Prince of Orange, the present King of these Realms. How did all things concur to bring about our Deliverance from Popery and Arbitrary Power? When we saw no way of escaping, how did God dispirit the Army of the late King, which on a sudden was struck with such a Pannick Fear, that those that went not over to our Deliverer, were scattered in the greatest Disorder, like Men under the visible Effects of the highest Consternation and Fear? So that our Deliverance advanc'd towards us with incredible Swiftness, and was, beyond all Expectation, obtain'd with little or no expence of Blood. We were not exalted to our Happiness upon the Graves of our Friends, or the Ashes of our Dwellings. And are not all these the Indelible Characters of the Divine Hand? To close this Head; To whom but God shall we attribute his Majesty's Success in the Reduction of Ireland, and since in several Conquests and Victories both by Sea and Land, and particularly the Success of the last Campagn? But I have said enough to this first Observation. Observ. 2. That it is by a special Providence of God that Righteous Kings and their People are delivered from the mischievous Designs and Plots of evil Men. In discoursing on this Argument, I shall attempt these three things. I. I am to tell you when we may look upon a Deliverance from a Plot against a King and his People, to be a special Providence of God. 1. When Men of great Policy and Skill, that are engag'd in such Plots, are seiz'd with a Spirit of Giddiness, being enclin'd to follow that Advice that in all Probability will weaken the Attempt, and lay open the whole Conspiracy. How often hath God turn'd the Counsels of Plotters against themselves? for he in whose Hands are the Hearts of all Men, hath made some of them that were big with the Designs of his People's Ruine, empty themselves in their own Confusion. Guilt has been legible in their Countenances, and through the Infatuation of their Counsels, they have served the As appears by the present National Association, which was occasion'd by the late Conspiracy. Interest they design'd to overthrow. And as the Lord turn'd the Heart of the King of Assyria unto the Jews, to strengthen their Hands in the Work of the House of God, Ezra 6.22. so he does frequently turn the Counsels of his Enemies, to the Service of his Church, and their Policies are so baffled by the Spirit of Wisdom, that they meet with nothing but Disappointment and Shame. As in Herod's Plot against the Life of our Lord, who fearing that he would rival him in his Throne, forms a Design to murder him. And altho Herod was a Man of very great Craft and Subtilty, yet in this Conspiracy his Sagacity seems to be revers'd; (according to that of the Prophet, Isa. 44.25. He turneth Wise-men backward, and maketh their Knowledg Foolishness) and he acts directly repugnant to all the Celebrated Maxims of Policy; for altho he knew that the Wise-men had seen Christ's Star in the East, and were going to worship him, yet he never thinks of sending his Guards with them, or going himself in a Religious Disguise, which according to Humane Probability might have effectually brought about the Barbarous Design. But what could he do? The Hand of God was against him, and he acts like one under the Power of Infatuation; Quos Jupiter vult perdere, hos dementat. for he sends these Wise-men to search diligently for the young Child, and entrusts them to bring him Word where he might go and worship him. Mat. 2.8. Surely never Prince acted more against the Rules of Policy! to depend upon the Notice of those Men, whose Persons he knew as little of, as their Studies; and of whose Kindness, Constancy and Fidelity, he had less Assurance than of either: they came from a far Country, some say from Susa in Persia, others from Arabia Felix; the former is about 920 Miles, the latter above 1240. Now, I say, that he should trust such as these, to me is an incontestable Evidence that he was seized with a Spirit of Giddiness and Infatuation, and that God by a special Providence render'd his abominable Design abortive; especially when I consider that the wise Men were warn'd of God in a Dream that they should not return to Herod, Mat. 2.12. and that accordingly they departed into their own Country another way, while Joseph is warned by an Angel in a Dream to take Jesus and his Mother, and flee into Egypt; Ver. 13. all which contributed to give a total Defeat to Herod's black Design against the Life of our Lord. Alas, Men are sometimes under such disorder within, by an Influence over-ruling all their Designs, that they cannot take the most rational Advice that is given them. As in the Plot against David; Achitophel like a politick Minister of State, gave very proper Advice (humanely speaking) to Absalom to bring about the Assassination of his Father: 2. Sam. 17.1,2. For Achitophel said unto Absalom, Let me now choose out twelve thousand Men, and I will arise and pursue after David this Night; and I will come upon him while he is weary and weak-handed, and will make him afraid, and all the People that are with him shall flee, and I will smite the King only. You see the Design was to come upon David suddenly, when his Forces were dispers'd and scatter'd abroad, and could not easily be alarm'd; which seems to be somewhat like surprizing King William's Guards, and attacking him in his Winter-quarters. Whether our late baffled Conspirators took their Politicks from him, I know not; sure I am they met with no better Success. But to proceed; Notwithstanding the seeming Rationality of Achitophel's Advice, Absalom declines the taking of it, and chooses rather to receive the Counsel of Hushai, which did not look half so probable, as you may see from the 7th Verse to the 14th of the same Chapter: So that David might well cry out in the Words of my Text, It is God that giveth Salvation to Kings, and delivereth David his Servant from the hurtful Sword. For by God's infatuating their Counsels, David and his People were deliver'd from mischievous Designs and Plots. Now what shall we say when God maketh the Diviners mad, and disappointeth the Devices of the Crafty, so that their Hands cannot perform their Enterprize? Shall we not confess that it is by a special Providence of God that all this is done? 2. Then may the Deliverance of a King and his People be ascrib'd to a special Providence of God, when the deep-laid Design is uncover'd, and the black Project brought to light, by some unaccountable Means. Such an Instance we have of a special Providence of God towards the Jews, in defeating that execrable Conspiracy that was formed against them by Haman, who was prime Minister of State under Ahasuerus, and being affronted by Mordecai the Jew in that he refused to do him Reverence, was resolv'd to revenge it not only on him, but upon the Jews in all the King's Provinces; Esth. 3.2. and having (no doubt) very frequently insinuated, that they were a factious and disloyal People, and great Enemies to Ahasuerus's Government and Empire, it seems by what follows, he was not a little confident that the King would grant his Request, and that the many thousands of Jews that were dispers'd through the Emperor's Dominions, should be offer'd up as an entire Victim to his Ambition and Rage: for in the 7th Verse 'tis said, That in the first Month, (that is, the Month Nisan) in the twelfth Year of King Ahasuerus, they cast Pur, that is the Lot, before Haman from Day to Day, and from Month to Month, to the twelfth Month, that is the Month Adar. To understand which Words, you must consider that in those Eastern Countries the People before they undertook any considerable Enterprize, cast Lots for a Lucky Day. Thus did Haman in his Conspiracy against the Jews, cast Pur for a Lucky Day to begin his bloody Work upon, which happened upon the 13th Day of the 12th Month, which is called Adar; which according to modern Computation answers to our February, the 15th of which was fix'd upon for the Assassination of our King: as if God Almighty would signify by his Providence that in all the voluminous Records of Time, there was never any Instance of a Plot came so near that which we have lately escaped, as this remarkable one in sacred Story. Now Haman having advanced the Matter thus far, lest the King should scruple to sign the Warrant for the Massacre, since by so doing he should lose a considerable Revenue, by taking off such a vast body of his Subjects, he offers to return into the King's Exchequer Ten thousand Talents of Silver: Ver. 9. what Talents they were is somewhat uncertain, some think the Sum might be about two Millions of Money Sterling; but be it more or less, the King is content, takes off his Ring from his Hand, and gives it to Haman to sign the Warrants that were to be issued out for the Execution of the Jews. Haman having received the Privy-Seal, shows his Activity; for he presently calls for the Secretaries of State Ver. 12. that they might write his Pleasure to the several Officers of the Militia in the Kingdom, to the King's Lieutenants, and Governours of every Province, that they should destroy, kill, and cause to perish all Jews both young and old, little Children and Women, in one day, &c. and this Order was disperst into every Province by a swift Post. Ver. 13. And that those to whom this Order came, might do the Work the more effectually, they are promised to have the Spoil for a As were the Irish in the late Reign. Prey, that they might be the more severe, and that their covetous Desire might prompt them on to an universal Slaughter. But as a Prelude to this Tragical Day, (which 'twas hop'd would be very lucky) Haman faint with the Thirst of Blood, resolves to take off Mordecai first, and accordingly sets up a Gallows of 50 Cubits high; probably that he might be exposed as a Spectacle of Contempt to a numerous Crowd. But the very Night before the Morning that Mordecai was to die, the King could not sleep, Esth. 6.1. and instead of the ordinary Diversions of the Court, calls for the Records of his Empire; and the Person that was to read them, was, doubtless by the special Providence of God, guided to that place in those Chronicles, that reported an eminent Service Mordecai had done some time before in discovering a Plot against Ahasuerus's Life. The King immediately enquires whether Mordecai had ever been rewarded; Ver. 2. and finding he had not, instead of being hang'd the next Morning, is made to ride in Triumph through the Streets of the City, while Haman his potent Enemy is forc'd like a Lacquey to attend his Horse of State. Thus God by an unaccountable Turn of Providence, dashes the Design of Haman, and his Plot proves abortive; and by another Turn as strange as the former, Haman is forc'd to leave his CourtPreferments, to be lifted up upon a Gallows of his own erecting: for in the 9th of Esth. 1. we read, that in the twelfth Month, (that is, the Month Adar) on the thirteenth Day of the same, when the King's Commandment and his Decree drew near to be put in Execution, in the Day that the Enemies of the Jews hop'd to have power over them, (tho' it was turned to the contrary, that the Jews had Rule over them that hated them) No Man could withstand them, for the Fear of them fell upon all People. Ver.2. Thus are the Wicked sometimes taken in the Devices they imagine, in the Net which they hid is their own Foot taken. Their Mischiefs return upon their own Heads, and their violent Dealing comes down upon their own Pate. Josephus relates, that Caligula having a Design to vent his bloody Rage on the Jews for refusing him Divine Honour, was by a Domestick Sword presently forc'd to resign his revengeful Breath. And 'tis the Observation of one, that the Persian Nobles incensing the King against Daniel, did occasion his growth in Favour, together with their own Destruction. Thus in the several Ages of the Church hath God by the most unaccountable Methods deliver'd righteous Kings, and their People, from the Plots of wicked Men, particularly the Deliverance we praise God for this Day was brought about, by Means as improbable as if a Bird of the Air should tell the Matter, Eccl. 10.20. or the Stones in the Walls of a seditious Conventicle should cry out Treason. Hab. 2.11. How was Pendergrass. one of our Enemies bow'd by an invisible hand, to make a Discovery of the wicked and black Designs of others of them! as Baalam bless'd Israel when he had more mind to curse 'em? Nay, several of our late Conspirators (it seems) were struck with some kind of terrible Apprehensions at the Thoughts of that Execrable Villany they were in a little time to commit; and have since too fallen prostrate at the Feet of that Prince, whom they design'd to have laid at theirs. Does not this Deliverance then bear the Character of a special Providence of God? 3. We may then ascribe a Deliverance of King and People to a special Providence of God, when after the Enemy hath advanc'd his Design near to Execution, a seasonable and sudden Discovery is made. When the Enemies of God are promising themselves undoubted Success, how opportunely are their Measures sometimes broken, and their Designs defeated? Pharaoh resolving to pursue and overtake, and divide the Spoil, and saying, his Lust should be satisfied; instead of meeting with the Sweets of Revenge, is overtaken with the Bitterness of Death, and the Israelites are as it were surpriz'd with Salvation. Thus Mystery Babylon, in the Revelation, is represented as being suddenly surprized by the Judgments of God, while she was priding her self in the Grandeur of her State. Rev. 18.7. And the Psalmist, to show the Speciality of Divine Providence, in his Deliverance from the bloody Designs of Saul, represents God riding towards him upon a Cherub, and flying upon the Wings of the Wind; to denote how swiftly and seasonably he came for his Succour and Help. And thus God hath done for our King and us; when some like Sheep were appointed to Slaughter, and others destin'd to Slavery, then suddenly he interposes by a special Providence, and prevents the design'd Mischief: he prevented us by the Blessings of his Goodness; and when he turn'd back our Captivity, we were like those that dream, (as the Psalmist speaks; Psal. 126.1.) for our Deliverance was so surprizing and sudden, that we were like Men awak'd out of a Sleep, forc'd to pause a while, being instantly transported with silent Wonder! Our Enemies were like Jehu, driving on furiously, but suddenly their Chariot Wheels drop off, and they are stop'd: so that we may say with the Prophet, Isa. 64.3. Thou didst terrible things which we look'd not for, thou camest down, and the Mountains flowed down at thy Presence. O the unlooked for, unexpected Discoveries that God hath made for our Safety, and our Enemies Confusion! How amazingly hath he laid open that which had lain concealed in the thickest Darkness! all things were prepar'd and ready: In what a Posture was the Late King to make his Descent, seeming only to wait for the Signal, which, blessed be God, none had the Opportunity of giving! For by the seasonable Interposition of the Divine Providence, a Discovery was made; and just as the Enemy was coming in upon us like a Flood, the Lord lifted up his Standard against them: Isa. 59.19. So that well may our English Israel say, If God had not been on our side when Men rose up against us, they had swallowed us up quick. Psal. 124.2,3. O how has God baffled the Confidence of Man, and let him see that no Weapon form'd against his Zion shall prosper! How has he snatcht us from the very Jaws of Death! how have our Souls escap'd as a Bird out of the Snare of the Fowler! Ver. 7. To what shall we ascribe our Deliverance, but to his special Providence who hath helped us right early? 4. That Deliverance is by a special Providence of God that is eminently serviceable to his People. As surely all will confess that our present Deliverance is likely to be, but the Bigots of the Roman Faction, and those who are scarce a remove from them, I mean such as can absolve Men dying under the Guilt of the blackest Crimes, without any Tokens of Remorse. How dreadful had been the Condition of all the Protestants in Europe, if he that had so successfully vindicated and secur'd their Rights, should have been barbarously Assassinated? But how much worse had it been with us, (even such of us as might have surviv'd the Fatal Blow) who must have exchang'd our Liberties and Laws, for the Usurping Tyranny and Slavery of France; and instead of singing this Day, the Tears of our Widows and fatherless Children, might have been mixed with the Ashes of our City, and our Streets floated with a Stream of Humane Blood? 5. Then we ought to ascribe the Deliverance, &c. to a special Providence of God, when it is a Direct Answer of our Prayers, as this Salvation and Deliverance must be acknowledged to be. How often have we in this place pray'd that God would defend his Majesty's Person against secret Plots and open Violence, and that the Angels of God's Presence might encamp round about him? To which we have had so visible a Return in his Majesty's Preservation, and in the Discovery of this Execrable Plot against his Life and Government, that without incurring the Suspicion of Enthusiasm, we may conclude our Prayers are answer'd, and have great Reason to cry out with David, Now we know that the Lord saveth his Anointed, and will hear him from his holy Heaven, with the saving Strength of his Right hand. Psal. 20.6. Therefore let us chearfully own that God hath answer'd our Prayers, and never cease to offer them to him for the good Conduct of his Majesty's Counsels, the farther Success of his Victorious Arms, and the Preservation and Prosperity of his Royal Person; that his Reign may be prosperous, and his Days many; and that when he has finished Time, he may leave his Government upon Earth, to reign with Christ in Heaven. Let the King joy in thy Strength, O Lord, and in thy Salvation let him greatly rejoice: for thou hast given him his Heart's Desire, and hath not withholden the Request of his Lips. Psal. 21.1,2. I now proceed in the second Place to offer some Reasons why God Almighty by a special Providence do's sometimes deliver a good King and his People from the Plots of evil Men. And 1. He does so, that he may the more remarkably advance his own Glory, that all the Inhabitants of the World may see what his Hand hath wrought. The Glory of God is the Supream End of all his Dispensations, but eminently so in those signal Deliverances, which can be ascrib'd to no other Cause but special Providence of Heaven. For if nothing else can claim a Share in our Deliverance, 'tis a horrid Alienation of the Divine Right, to withhold any part of the Glory from God. His Design is to appropriate the entire Glory of special Providences to himself: and one great Reason of such eminent providential Appearances, is to render his Divine Attributes the more Illustrious in the World. For as one Star differs from another in Glory, so a distinguishing Salvation by a special Providence differs from a common Protection, in that the former renders the Perfections of the Deity bright and flaming, while the latter doth but obscurely discover them. The one makes them conspicuous to every Eye, when the other seldom makes them fall under common Notice. Now God by his special Acts of Providence designs to augment the Tribute of his Praise, and to advance his Honour so high that all may see it. Jehovah is jealous of his Honour, and cannot bear any Competitors; he will not give his Glory to another, nor his Praise to Graven Images. For as his Wisdom, Goodness, Faithfulness and Power are eminently seen in National Deliverances by special Acts of Divine Providence, so in Return to them he expects a large Revenue of Praise. 2. God delivers Good Kings and their People by such special Acts of his Providence, that they may be the more deeply affected therewith, and the better relish the Deliverance wrought for them. What God has done in this late Deliverance, is to awaken all the Powers of the Rational Part of Man, and to engage them intensely in the Work of Praise. Had God Almighty stifled this Plot at first, and prevented its being drawn out to so prodigious a Length, and so near to Execution as it was, we should not have been so affected with the Deliverance, as now when his set time to favour us was come. Psal. 102.13,14. For 'tis most likely that when surpriz'd with Salvation even on the Borders of Ruin, and the Confines of Death, we should best relish so great a Mercy, and be deeply affected with so signal a Deliverance. 3. God delivers by special Acts of his Providence, that he may cure the Remainders of his Peoples Infidelity, and engage them to trust in him for the future. Tho our Character as Christian signifies our believing in the Father and the Son, John 14.1. and some of us can say, Lord we believe, yet we must also add, Help thou our Unbelief. Mark 9.24. Who of us but finds a mixture of Infidelity within, that makes very strong Efforts against the Impressions of Faith? Now a seeming delay in the bringing about an expected Providence, do's suddenly occasion a misconstruction of the Methods of Divine Love, and thereby a very steady Believer is without much difficulty weaken'd and shaken in his Confidence. Nay, after the most signal Appearances of God we are apt, like the Israelites, to call in question the Divine Goodness and Power, as the Psalmist remarks, They said, Can God furnish a Table in the Wilderness? Psal. 78.9. A very unreasonable Question, when God had done so many marvellous things for them in their Sight, in the Land of Egypt, in the Field of Zoan. Ver. 12. Dividing the Sea, that the Waters stood as an Heap; Ver. 15. leading them by a Cloud in the Day, and conducting them by a Fiery Pillar in the Night. Ver. 16. Yet notwithstanding all these astonishing Instances of Omnipotence and Love, they believe not in God, neither trusted in his Salvation. Ver. 22. They had considerable remains of Unbelief, though they liv'd in an Age of Miracles. And how apt the People of God has been in every Age to relapse into Infidelity after his most marvellous Appearances, has been too notorious and visible either to be cover'd or excused. Therefore one great End of God's condescending to appear for our common Safety, is to cure this Distemper of our Minds, and to engage us steadily to trust in him for the future, that we may trust in the Lord, after having found that in the Lord Jehovah is everlasting Strength: A Strength that can never be wasted by Age, nor enfeebled by the Gates of Hell. For the Name of the Lord is a strong Tower, the Righteous runneth into it and is safe. Prov. 19.10. By the Name of God we must understand either God himself, or those Perfections of the Deity that are eminently display'd in the Government of the World, upon which we are entirely to lean, in Expectation of Safety and Conduct, present and future; which we have good ground to hope for, if we make him the Object of our Trust, who has been the Cause of our Salvation. For they that trust in the Lord shall be as Mount Zion, which cannot be removed, but abideth for ever. Psal. 125.1. But before I pass this Head, I would insinuate that we are not to trust in God, so as to exclude the Use of Means. I would not have you imagine, that by trusting in God, I mean we are to sit still and do nothing; for tho we are not to trust in Chariots and in Horses, and in a numerous Host, yet we have no Reason to expect our Enemies Defeat without them, unless we were assured of it by some extraordinary Revelation from God: for our Swords are not yet beat into Plow-shears, nor our Spears into Pruning-hooks; we are still to make use of Instruments of War, and to use the best Conduct that we can; yet after all entirely to trust in our God, and to believe that he that hath deliver'd, will still deliver and save his People. 4. God is pleas'd thus to act, to convince his Enemies that he is not only Rector and Governour of the World in general, but that he do's by special Acts of Providence guard and defend his Church. The successive Events of Time are disposed of by the Divine Order and Permission; and the most High ruleth in the Kingdoms of Men, Dan. 4.17. There is not any thing in this lower World that is brought about by a blind inflexible Destiny, (as some Heathens fancied) or depends upon the Uncertainties of Chance, as others of 'em dream'd; for, says the Psalmist, The Lord hath prepared his Throne in the Heavens, and his Kingdom ruleth over all. Psal. 103.19 He is in the actual Exercise of an universal Dominion and Empire over Angels and Men. 'Tis not only the exalted Order of Seraphs, and those other bright Spirits above, that were never sullied by Sin, who are under the Conduct of God, but every Creature under Heaven is govern'd by the same Lord. Indeed some of the Heathens denied God's governing Providence in general, whilst others of 'em acknowledg'd it but in part; for tho they would own that he took care of the great Affairs of Kingdoms and Nations, yet they thought it unbecoming the infinite Perfections of a God, to give so remarkable a Stoop, as to take notice of particular Persons and Things. Magna Dii curant, parva negligunt. Cic. de Nat. Deor. But we Christians, who are guided by a more certain Light, are well assur'd that the Ways of Man are before the Eyes of the Lord, and he pondereth all his Goings: Prov. 15.3. And as Solomon says in another place, The Eyes of the Lord are in every place, beholding the Evil and the Good. Prov. 15.3. He do's not sit in the Heavens, viewing what is done upon Earth as an idle Spectator, but governs by his infinite Wisdom what he has raised from nothing by his unlimited Power; and that he do's so, is notoriously visible in those Deliverances that can be ascribed to no other Cause than that that is Divine. For who taking notice how all things concurr'd to prevent the Murder of our King, and an Invasion from France, but must be forc'd to cry out, Surely there is a God that judgeth in the Earth, who is very much concern'd for the Happiness of those whom he owns for his People? Particularly how did the obsequious Winds by the Direction of the Lord of the Universe, subserve to our Protection, and to the Disappointment of our Enemies? The Divine Providence having thereby kindly laid an Embargo on our Fleet, contrary to the ignorant Wishes of our Merchants, that we might be ready to defend our selves, and prevent the intended Descent of our Enemies. God expects when he appears so visibly, that all should regard his Work, and consider the Operation of his Hands; who says concerning his Church, Isa. 27.3. I the Lord do keep it, I will water it every moment: lest any hurt it I will keep it Night and Day. Which Promise has been eminently made good in the discovery of the late Plot. And one great End of God's defeating the Machinations of evil Men, is to let all see the special Regard he has for his Church: 2 Chron. 16.9. For the Eyes of the Lord run to and fro throughout the whole Earth, to shew himself strong in the behalf of them whose Heart is perfect towards him. 5. He delivers by such special Acts of Providence, that they may remain a lasting Terror to the Wicked in all after-Ages. As special Acts of Providence carry in them visible Tokens for Good to the People of God, so they bear amazing Characters of Terror to the Enemies of his Church. 'Tis to be hop'd, it will not a little weaken the Power of our Adversaries, to look back upon their baffled Policies; that which was formerly an Occasion of their Glorying, will probably hereafter administer to their Confusion and Terror. He that sitteth in the Heavens shall laugh: the Lord shall have them in Derision. Then shall he speak unto them in his Wrath, and vex them in his sore Displeasure. Psal. 2.4,5.It will be a distracting Perplexity to the Wicked, and a great enfeebling of their Strength, to be forc'd to remember how God hath appear'd against them, and blasted their black Conspiracies against his Church. How will the Revolution of 88, and the discovery of this Plot in 96, remain to Posterity a Subject of Shame and Trouble to the whole Romish party? and one would think (if they have any grains of Modesty left, or are at all capable of reflecting on the Hand of God, which has so eminently appear'd against them) they should scarce ever dare to touch God's Anointed more, or attempt the Ruine of his Church. 1 Chr. 16.22. However, he can make the Wrath of Man to praise him, and restrain the Remainder thereof if he pleases. Psal. 76.10. III. I shall close all with some Use sutable to the Solemnity of this Day, and that Deliverance for which we are come together to praise God. 1. If our King and we have been deliver'd by a special Providence of God, (as 'tis evident we have) what Reason have we to be abased and humbled, that we are no more affected with so great a Deliverance, and that our Return bears no better a Proportion to the merciful Providence we are under? Surely we have abundant Cause to mingle our Tears with our Songs, that the great Deliverance we enjoy has had so little Influence upon us! Is there not as much Profaneness in our Streets, as much Carnality and Lukewarmness in our Churches as ever? Do we not still continue in our old Sins after such a new and astonishing Deliverance? What can we expect should follow on such Stupidity and Ingratitude, but that that God who has broken the Snare for our Deliverance, and set our Feet in a large Place, should give us the Reverse of our Happiness, and shut us up into the Hands of our Enemies, unless we repent? We read in 1. Kings 11.9. that the Lord was angry with Solomon, because his Heart was turned from the Lord God of Israel, which had appeared unto him twice. The double Appearance of God in an extraordinary way, did highly aggravate his Apostacy and Revolt from him: And what Shame and Confusion of Face belongs to us, whom God has loaded with his repeated Benefits, since we have made no Returns sutable to them? and except we throughly humble our selves, what can we expect, but that God will be angry with us till he hath consum'd us; so that there shall be no Remnant nor Escaping? Pray observe what follow'd upon the Ingratitude of Hezekiah, 2 Chron. 22.25. But Hezekiah render'd not again, according to the Benefit done unto him, for his Heart was lifted up; therefore there was Wrath upon him, and upon Judah and Jerusalem. 2. Hath God Almighty by a special Act of Providence deliver'd our King and us his People from the hurtful Sword? let such a Mercy never be forgot, but transmitted to Posterity. May the Characters of this Deliverance never be defac'd by Time, but its Memory kept alive and fresh in Generations to come; that the Children that are yet unborn, who probably will enjoy the Advantages of it, may hereafter praise God for it, and declare it to their Children. Psal. 78.6. Let us not be like the Israelites of old, who sang God's Praise, but soon forgot his Works. Ps. 106.12,13. May the Circumstances of this wonderful Salvation add a sprightly Accent to the Hallelujahs that shall be sung for it, to the utmost Limits of Time; that the Memory of this Mercy may live as long as the Sun and Moon endure. 'Tis remark'd by a Learned Man, that the City Shushan, the Royal Seat of the Persian Monarchy, was pourtrayed on the East Gate of the Temple, that the Jews might readily recognize and call to remembrance the wonderful Deliverance of Purim, which was wrought in Shushan, Est. 9.26. Dr. Lightfoot's Temple, ch. 3. Has God Almighty delivered our King and us? let us hope in him, and never forget his Benefits. 3. As Heaven hath signalized WILLIAM, our LAWFUL and RIGHTFUL Sovereign, by repeated Acts of special Protection; let us who profess to be his obedient Subjects at all times, afford him the most visible Tokens of a sincere and signal Loyalty. 'Tis true, he has been engaged for some time in a War very expensive, but it has been for our Safety, and in the hazard of his own Life; and shall we regret the parting with a little of our Estates to keep out a dreadful War from the Bowels of our Country, and for the Defence of our Lives and Liberties? 'Tis not many Years since, that we would have given the two Thirds of what we had, that the other Part might have been secured to us. Therefore let us not murmur at our present Expence, because it is to support the Interest of a Protestant King, whom a continued Deliverance from successive Dangers has mark'd out for the Darling of Providence; a Prince in whom meets the Prudence and Courage of all his renown'd Ancestors; and whom not to value and esteem, would be to slight the God that hath girded him for Battel. Judg. 8.34,35. 4. Let us chearfully and cordially praise God for our common Deliverance, a Deliverance so great, that we lack Words to set it out to the full, for it is big with Mercy, I had almost said, with Miracle! Who but must confess, that the Finger of God was in it, and that the Signature of a special Providence are deeply impress'd upon it! and shall we not with the most exalted Vigour of Mind praise God for such a Deliverance as this, that has in some respects hardly any Precedent or Parallel? Let us all beware that we never provoke him by fresh Provocations to throw off his Care, to remove the Candlestick of his Gospel, and give us up as a Prey into their Teeth, whose tender Mercies are Cruelties. For know, that our God will not always be at the Charge of Miracles for our Preservation, if we remain in the Practice, and under the Power of our Sins: for if instead of Repentance and Reformation, we are multiplying our Transgressions against Heaven, they may in a sort contribute towards another Plot. In a word, let no unseemly Folly or Excess cast a Blemish on our Thanksgiving-day: Nay, let our whole Lives, as well as our Lips, praise our great Deliverer; and let us not cease to speak of the Glory and Honour of his Majesty, and of his wondrous Works, and to declare his Glory among the Heathen, his Wonders among all People. Let us sing forth the Honour of his Name, and make his Praise glorious, for surely what we rejoice in is the Lord's Doing, and ought to be marvellous in our Eyes. To close all; Let our Assemblies ring with singing of God's Greatness, and praising his Power, that the Heavens may eccho back again, It is God that giveth Salvation to Kings, and hath saved WILLIAM his Servant from the hurtful Sword.

Religion

A Thanksgiving Sermon ON THE Discovery of the Late Plot.

A good king and his people, the special care of heaven. A sermon [...]

RelA1708

Matth. XXII. 21. Then saith he unto them Render therefore unto Cæsar, the things that are Cæsar's; and unto God, the things that are God's. THE great advantage of Human Learning; the necessity of training up young Persons to the study of it, in order to make them useful in Church or State; the regard and encouragement by consequence due to such excellent Seminaries as this now present before us; these are subjects which have been so often and so compleatly handled in this Place and upon this Occasion, that I hope I may be excused if I do not confine my self strictly to them in this Discourse; especially, if what I shall offer from these words may be thought neither unsuitable in this Assembly, nor unseasonable in this our Age. This indeed is the greatest end and design of all Human Learning, to make us sensible of what we owe to Cæsar and what to God; what duty to the Church, and what to the State; unless we be duly and conscientiously sensible of this, 'tis certain we cannot be either Loyal or Religious, either good Men or good Christians. And yet we can scarce look abroad into the World, but we shall either see Books or hear Discourse plainly destructive of all principles of this kind; so that if to fore-arm young Persons, just now as it were stepping into the World, with an antidote against the Poison they are like to meet with; if to shew those whose riper years are faithfully devoted to the Honour and Service both of God and Cæsar, that their choice is well grounded; if lastly to entreat those that are Parents by the Duty they owe both to God and Man, to chuse those places of Education for their Children, where they may be most secure that their Principles will not be corrupted, even whilst they are learning Languages in those early years; if all these be, as they most certainly are, attempts suitable to this time and place, and but too seasonable in the present Age, then I need make no further Apology for the choice of my subject. The Evangelists St. Matthew, St. Mark and St. Luke, all tell us that the Pharisees out of their abundant malice against our Blessed Saviour, had resolved, if possible, to betray him into some discourse that might expose him to the resentment of the Roman state, and then turn Informers and Accusers of him. Accordingly they send to him their Disciples with the Herodians, who with a pretended Sanctity, the worst of Hypocrisy, made it a Case of Conscience whether they should submit to pay tribute to Cæsar or not; supposing, not unlike the Author of the Rights of the Church in our Age, that our Saviour could not have a Kingdom upon Earth consistent with Obedience to the Civil Power; that by consequence they might expect his answer in the Negative, and thence proceed to accuse and destroy him. But He surprised them with an advice no less excellent than unexpected, by way of reply to their captious Question; that as they had recognised Cæsar for their Prince, by admitting his Image and Superscription upon their coin; so their Obedience and Submission was due to him; that as they had then, and we Christians have now, a Church instituted by God Almighty, so our Duty to that is not inconsistent with our Obedience to the State: Render ye therefore unto Cæsar, the things that are Cæsar's; and unto God, the things that are God's. From which words I shall first consider the Doctrin its self contained in them, that we are all subject to two different Powers; that of the Church and State, of Cæsar and God. Secondly, That neither these two Powers, nor the Duties that we owe to them, are at all inconsistent with each other. Thirdly, That they are both most perfect when performed in conjunction with each other; that our Duty to God is the strongest Motive to make us careful of what we owe to Cæsar; and mens reverence to the Church the greatest possible security to the State. I shall treat of these Heads in as brief and plain a manner as I can, and then make an Application of the whole, that will, I hope, be thought suitable to the present Occasion. And First, to consider the Doctrine contained in our Saviour's Words, that we are subject to two different Powers, that of the Church and State, of Cæsar and of God. Indeed the duties that we owe the Temporal Power, to begin with these, are likewise duties that we most strictly owe to God too; and that's the greatest possible Obligation upon us to the careful and conscientious discharge of them. This is as plain from the light of Nature, as that God is the God of Justice, Order and Society, and cannot but disapprove of Injustice, Violence, Anarchy and Confusion. This obligation Scripture asserts, and must be understood to make it as sacred as words can do, if interpreted in any sense agreeable to the sincerity with which all Christians must believe it to be wrote. That we should not only obey God, but our Prince; that as all Power is of God, so the Temporal Power is his Ordinance, and the Magistrate his Minister; that by consequence whoever resists this Power resists the Ordinance of God; there can be no fair meaning of all this, but that God has delegated his own Authority to the Magistrate, for the preservation of Justice, Peace, Property and Order amongst Mankind: and since every Soul is enjoyned to be subject to this Power, it can have no Superior but God himself. Since He is Supreme over all Human Power, and the absolute Lord of the whole Universe; his Will is that Law, and that only that ought to take place, and claims our Obedience before any Human Commands whatsoever. Thus we cannot possibly be laid under any Obligation to act contrary to the rules of Morality or Religion, to the Law of Nature or Scripture; all these being the Laws of God, the result of his Supreme Authority over all Rational beings, and all Powers whatever upon Earth. By the same reason his Institutions contain'd in Scripture are the things that belong to God, and him only; and he indispensably requires our Obedience to these at the same time that he requires our Temporal Subjection and Allegiance to Cæsar. If then our blessed Saviour did by the Divine Authority institute a Church, himself the Head, and all Christians enjoyned to be Members of it; if he fixt Laws, Offices and Officers proper to it, as a Society sacred to God Almighty, and distinct from all other Societies upon Earth; then it cannot be denied that we are all under the two distinct Powers of Church and State, without denying the Scriptures and renouncing our Christianity. That both the Church Catholick, and all National Churches as parts of it, were design'd by our Saviour to be Societies distinct from the Civil Power is apparent, because he did actually institute them at a time when all other Powers in being upon Earth were, so far from being concern'd in their Institution, that for about three hundred Years they all used their utmost endeavors to extirpate and destroy them. Our blessed Lord after his Resurrection expressly enjoyns and commissions the Apostles to preach the Gospel to all the world, Matth. 28.19. Mar. 16.15. and as my Father sent me, Joh. 20.21. so says he send I you. Now as it must necessarily be his design in giving the Apostles this Commission, that they should out of all Nations make as many Converts as they could to his Religion; so the whole number of Persons, in all the World, by their preaching converted to Christianity, this was the Catholick or Universal Church then in being. And as 'tis impossible to be supposed that this Church, thus founded by our Saviour's Authority, should be designed to last but one Age; as the Prophet Daniel long before, Dan. 7.27. and the Angel at his salutation of the Blessed Virgin Luk. 1.13. foretold his Kingdom to be everlasting and without end; lastly as himself promis'd Matth. 16.18. so to build his Church, that the gates of hell should never be able to prevail against it; so it must be most certainly true and impossible to be denied without contradicting the Gospel, that as at first, so from thence to our days, and so from us to the end of the World, the whole number of Believers is the Universal Church, Christ's building, and our duties of adhering religiously to it, duties that we owe to God himself. And as 'tis undeniable that the Universal Church is one whole Body, consisting of and including all National Churches in the World, as the parts of which it consists; so the Divine Authority, and Original of all these parts, is necessarily implied in that of the whole. As our Blessed Saviour commissioned the Apostles, and therefore their Institutions must be look't upon as his; so nothing can be plainer, than that they did actually institute National Churches, as parts of the Catholick in all places wherever they preacht. Thus we read of the Church of Jerusalem, setled by their joint Authority with its proper Officers, James the Brother of our Lord as Bishop and the Elders of it, Acts 15.2.19. and chap. 21. v. 18. Thus St. Paul writes to the Corinthians, Galatians, Thessalonians, and Philippians, calling them expresly Churches which he had Founded, and to the last of these he applies himself, Philip. 1.1. together with its Officers, Bishops and Deacons, probably made so; but certainly approved as such by himself. The same great Apostle, we read both in Scripture and Church History constituted, Timothy Bishop of Ephesus, and Titus of Crete, giving to both a power of Ordaining others: Lastly, to name no more particular Instances; Acts 20. 17, & 28. we are told that from Miletus in his way to Jerusalem, he sent for the Elders of the Church of Ephesus, and when they were come, charges them to take care of the Flock over which the Holy Ghost had made them Overseers, and calls this feeding of the Church of God, which our Lord had purchased with his own bloud. As therefore tis plain from these and the like passages of Scripture, that the Apostles did institute National Churches, as parts of the Catholick, in those Countries where they preach'd, so their Commission being given them by our Blessed Saviour, these Institutions are his too, and stand upon his Divine Authority. As he by the Ministry of the Apostles founded this his Universal Kingdom, consisting of these its several parts, to continue to the World's end; so this Method and Constitution of it, establish'd by these Holy Persons, must in all Ages be of the same Authority and Original, as the Kingdom it's self. For us therefore to maintain constant Communion with the Church, to be dutiful and conscientious Members of it, these are duties that we immediately owe to God himself; and he has likewise oblig'd us to be obedient to that Power which he has delegated to our Temporal Princes, without dispensing with us in any Case; but where their Commands are inconsistent with the Duty that we owe to him. Before I proceed I must observe this plain Consequence from what has been said; that if the Church and its Ministry be Divine Institutions, then those Functions for the exercise of which this Ministry was instituted must be so too. As our Blessed Saviour commissioned the Apostles, and they the Church in after Ages, to set apart a distinct Order of Men for the performance of Divine Service, and those Offices which he made necessary to be kept up in the Church; so the exercise of these Offices is both apparently and sufficiently founded in this Commission, and cannot be suppos'd to depend upon any other Foundation, without making the Institution of our Blessed Saviour useless and insignificant. 'Tis very plain from hence, that the performance of these Holy Offices, for which the Ministry was established, is appropriated to the Ministers of the Church in all Ages; and that no Person can have any Right to perform them, who is not made a Minister of the Church according to the Apostolical Institutions. That pernicious Principle then, that every man may be a Priest for himself, must be as false as 'tis pernicious and destructive of the Church. Did the Apostles give Timothy, Titus, and many others, a Power of admitting Persons into Holy Orders, and of conferring the same Power upon their Successors after them? Was it the design of dedicating these Persons to God, that his publick Worship, the Administration of the Sacraments, and the duties incumbent upon Spiritual Guides should be perform'd by their Ministry? Was this the universal Belief and Practice of the Church in all the Ages next to the Apostles? All this is undeniable, and not only so, but as far as History can inform us, this was the Belief and Practice of all Christians, until broken in upon by the Sectaries, that began within less than three hundred years of the present Age. If these things be true, then those persons must be guilty of contradicting Christ and his Apostles, and the Catholick Church, who assert that in no sort of Divine Service, any Man can be more a Priest than another, that every single Person may be a Priest for himself, that there is no need of any such Orders, as distinct from other Men, or at least, that the Civil Power may Create or Abolish them at pleasure. But I come now to the second part of my proposed Method, to shew that neither these two Powers of Church and State, under which God has placed us, nor the duties that we owe to them, are at all inconsistent with each other. And this is as certain, as that the Institutions of our Saviour and his Apostles could not be inconsistent with the Doctrine which they preach'd. He having expresly commanded us to render to Cæsar the things that are Cæsar's, and every where condemning all breaches of Loyalty and Obedience to the Civil Power; and having likewise, by the Divine authority, Establish'd a Church and Ministry to continue to the Worlds End; all Christians must acknowledge that those his Doctrines, and this his Institution, cannot be contradictory or inconsistent with each other. In like manner He having commissioned the Apostles to be his Deputies, in constituting his Church, they must necessarily have been capacitated for that Office; and therefore since they did both preach and pay all due subjection to the Magistrate, and at the same time constitute the Church, and settle its Ministry by our Saviour's authority; upon this account, no Christian ought to assert, that the Divine Commission given to the Church and its Ministers, is any diminution to that obedience, which all Subjects, Ecclesiastical as well as other Persons, owe to their Temporal Princes and Governors; this would be to make the Apostles Orders contradict their Doctrines; and their Actions to subvert the Civil Power, though at the same time they call it God's Ordinance, and exhort us to pay all possible veneration to it. 'Tis objected by the Author of the Rights of the Church, that there cannot be two independent Powers in the same body of Men without confusion, and therefore God cannot have settled any Church in the World as a Society distinct from the Civil Power: But since I hope I have proved from Scripture, that God has actually settled such a Society; I hope this will not be called confusion. That the Primitive Churches as settled by the Apostles for about three hundred years after our Saviour, were actually Societies entirely distinct from all Civil Powers upon Earth, this is undeniable matter of fact; and if our Adversaries will allow that this was no injury to the Civil Power; they must likewise free the Divine right of the Church in all Ages from this imputation. The primitive Christians did indeed, and we in like Circumstances must do the same, renounce the Roman and other false Gods by the command of the true one; and by the same warrant did form themselves into Churches, with their proper Officers for the worship and service of God Almighty: all this was equally contrary to the will of all Civil Powers then in being; but yet no breach of duty, no encroachment upon the authority of these Powers; because 'twas only obeying God rather than Man. In all cases besides this, the Christians paid an entire subjection and allegiance to their Governors; nay in this, where they acted upon the command of God, and exercised the Spiritual Power derived from him; still they owned a temporal subjection to the Magistrate, by submitting, as they were enjoyn'd by Christ and his Apostles, to those cruel Penalties, which he unjustly inflicted on them on this very account. When the Roman Emperors, and after them other Princes, came to be Christians, this change could in its nature be no destruction; but must be a further Security and Establishment of the Church as constituted by the Apostles; for these great Persons, by declaring themselves Christians, declared themselves obliged to add, and use their authority for the preservation and honour of the Doctrines and Institutions of Christ and his Apostles; and as whoever has a duty must have a right to execute that duty; so hence I conceive our obligation to obey our Princes, in all matters Ecclesiastical as well as Civil, plainly deducible. Now this does not destroy nor any way lessen the Divine Commission of the Church and its Ministry; but only makes it the duty and right of Christian Princes and Magistrates, to add their temporal power, protection and encouragement, to the Spiritual authority derived from God, to preserve the Church pure and entire. What they command in order to this end, as well as in other matters, all their Subjects, the Ministers of the Church as well as others, are obliged to obey, if lawful. What upon the best information we can get, we believe unlawful, 'tis certain we are obliged not to do, by an antecedent and Spiritual obligation that we are under to God Almighty: But his Kingdom being not of this World; 'tis the Doctrine and example of our Saviour, the Apostles and the whole primitive Church, that we are obliged to submit to all Sufferings that we may meet with from the Temporal Power upon that account. Should this power endeavour to destroy the Institution of our Saviour and his Apostles; we cannot obey any command in order to that end, because 'tis unlawful; and the Rights of the Church are by the Divine command for ever unalienable: But this is no more inconsistent with our duty to the Magistrate, than our refusal of obedience, which we are obliged to give to any unlawful command whatsoever. To comprehend the merits of this cause in as few words as possible; The Church as founded by our Saviour and his Apostles is no creature of the Civil, but purely of the Divine Power and Authority; but this prejudices no Civil Power; because it exempts no person, Clergy or Layety, from any obedience naturally due to this Power. For the Law of Nature says, there can be no obligation to any thing unlawful, and Christianity obliges us in the strictest manner to obey our Governors in all cases, but this only: they can have no right to be Destroyers; but as it must be their duty to be Protectors of the Church; so the Gospel attributes to them all possible authority requisite to the discharge of this great and Divine trust. This was the power which good Princes always exercised amongst the Jews, where the Law and Priesthood were entirely and expresly of Divine Institution, as any person must see that without prejudice reads the Histories of David, Jehoshaphat, Hezekiah, Josiah and others remarkable in the OldTestament; this is the power which Christian Princes, both before and since the usurpation of the See of Rome, have ever thought themselves entrusted with; and 'tis the very same power which the Church to which we here present belong, attributes to Our Religious Princes, as may plainly be seen in our Thirty Seventh Article, confirm'd by the approbation both of Church and State; where the Supremacy given to the Prince in Ecclesiastical matters was never intended to take away the Commission, which the Church and its Ministry derives from Christ, as the Author already mentioned very unfairly suggests; but as its principal aim was to exclude the Papal and all foreign power from amongst us; so it says expresly, we do not attribute to our Princes the Ministry of God's Word or the Sacraments, and that we give them that Prerogative only, which we see to have been given to all Godly Princes in Holy Scripture. I proceed therefore to the third general Head of my Discourse, that the duties which we owe both to Church and State are not only consistent, but most perfect, when performed in Conjunction with each other; that our duty to God is the strongest motive to make us careful of that we owe to Cæsar, and Mens reverence to the Church the greatest possible security to the State. I shall endeavour to make out this Truth as clearly as I can, both from Scripture and Reason, not doubting of a favourable attention in this place, nor regarding how little persons of loose and corrupted Principles may be inclined to receive any thing that is offer'd upon this Subject. And first, it must be observ'd that no person can have a conscientious Zeal for the Church, but out of a Zeal for the Divine Institutions contain'd in Scripture; and no person can have a due regard for these Institutions, but must be a religious and dutiful Subject of his Prince. Setting aside all useless Distinctions, the true notion of a religious Member of the Church, is one that adheres strictly to Scripture its great Charter, taking its words in their natural Sense, without forcing Interpretations upon them to make them comply with every notion and every practise of Man's chusing. Let this Holy Book be thus fairly interpreted; 'tis impossible Civil Power should be declared more sacred and inviolable than 'tis there declared: 'tis impossible Princes and Temporal Powers can demand more power than is there given them, if they will but allow themselves to be subject to God; or that Subjects should be more strictly and unexceptionably oblig'd to be dutiful to these Powers, allowing that they must obey God in the first place. The precepts and example of our blessed Saviour, his Apostles, and the whole primitive Church, is every where, entirely of a piece in this point. Our Lord allows not our Obedience to God without that to Cæsar; he paid tribute tho' he might have refused it without injustice, and submitted to the most unjust Sufferings for an example to the Church, as the Apostle tells us, 1 Pet. 2.21. when he might have had Legions of Angels for his Assistance. The Apostles and primitive Christians, as they kept most strictly to the Commands of God, and the Rights of the Church; so they did it in such a manner that their whole proceedings are undoubtedly the most ample Acknowledgments, the greatest Confirmations, and the most unparalell'd Submissions to the Temporal Power, that the World ever yet saw. 'Tis very disingenuous in Mr. Milton, Gronovius, and other Modern Authors, to say they wanted Power, else they would have resisted. The Learned Grotius, as if he had been alive and wrote against the Commentators upon his excellent Book, de jure Belli & Pacis, unanswerably takes off this imputation, by proving both from the Fathers and Historians of the Church, that there was a Power, had there been a Will, to have resisted. I cannot forbear repeating what Tertullian tells the Emperors themselves upon this Subject, tho' a very known passage. Externi sumus & vestra omnia implevimus, urbes, insulas, castella, municipia, conciliabula, castra ipsa, tribus, decurias, palatium, senatum, forum; sola vobis reliquimus templa. Cui bello non idonei non prompti suissemus etiam copiis impares qui tam libenter trucidamur, si non apud istam disciplinam magis occidi liceret quam occidere? The truth is, these Holy Persons who maintain'd the Church by the Command of God, Grot. jure bell, &c. 1. I c. 4. thought the Principles of the Church oblig'd them to lose their Lives, rather than resist the lawful Powers, tho' punish'd by them for obeying the Command of God; these Principles they bravely avowed before Princes and Emperors, in the face of Torments and Death its self. There cannot be a greater security to a State, than such a Church as this; and such 'tis plain, if all History be to be credited, was the Christian Church in all Ages, till the Bishops of Rome began to usurp Authority over Princes: That Authority as it was never pretended to, till many ages after the Primitive and purest Times; so the Church whereof we here present are Members, have prov'd it to be an innovation and a corruption of Christianity, even to the silencing of our Adversaries. As we at our happy Reformation set aside this corruption; so our Adversaries themselves cannot but own that we retain the Doctrine of the Primitive and Apostolical Church: We hold the same Duties to God and Cæsar, the same Divine Institution of the Church, the same Rights of Obedience and Subjection, which the Temporal Power by Commission from God claims from us, and by consequence, I must add, that Our Principles are the same security of Loyalty to our Prince, that those of the Primitive Church were. Should we depart from that Government of the Church, which the Apostles Instituted, and the primitive Ages universally received; should we with the Libertines of this age make all Churches, and all Religions indifferent; the same liberty that we must take with Scripture to make it agreeable with these Principles, would full as easily interpret away the Divine Commission of all Princes and Civil Governours: and 'tis matter of fact, that those who espouse this Latitude, with respect to the Church, do the same with respect to the State too; allowing our Princes no better security for their Crowns, than the will and approbation of an unconstant multitude. If any of Our Communion take up these principles; they are not principles of our Church, they are not the principles of Christ and his Apostles; unless we can suppose them to have wrote one thing, and both meant and practis'd another. These indeed are the principles that ruin'd both our Church and State, that Murther'd the best of Kings, and voted our house of Peers useless in the last Century; but thanks be to God, we have no need of such helps as these to justify our Nations later deliverance from Popery, Arbitrary and Foreign Power. I should be in hopes to prove this very sufficiently, would the time, which I have already almost trespassed upon, admit of it; and at present shall only observe, that in the Act made at the Revolution for settling the Crown, the States of our Realm do declare, That practises had been set on foot, which tended to the Extirpation of our Religion, Laws, and Liberties, which is indeed the Extirpation of our whole Constitution; that the Government was Abdicated, and the Throne thereby vacant; and therefore, to prevent Anarchy and Confusion, it was necessary for them, the only Power in being that could do it, to make provision for the Settlement of the Nation in its ancient Constitution, Rights and Liberties. Primo. V. & M. This was no appeal to the People as Supreme Judge; but the joint Act of all the parts of our legal Civil Power that could then be had; and that too in the greatest Extremity, as the Wisdom of the Nation judg'd it; all which is allow'd by the Learned Grotius, and other Authors; who long before these events among us, wrote in defence of the Rights of Princes against this Supreme Power in the People. Grot. de Jure, &c. 1. I c. 4. I 9. & 13. And thus having finished what I had to offer concerning these two great Duties which we all owe to Cæsar and God; I am oblig'd to detain you only whilst I make an Application of the whole, that may be suitable both with this Assembly and the occasion of it. And First, I shall beg leave to observe from what has been said, with particular regard to our own Country, how much it becomes Persons of Rank and Education to promote the Honour of the National Church. I am sensible how much the present Congregation, and others that have met in this Place upon this Solemnity, are living instances of this truth; and that the mention of what ought to be, is the commendation of what actually is, in this respect. But it cannot be amiss to confirm worthy persons in worthy practises, especially since we cannot boast, that the World is very apt to imitate such fair Patterns. Is Scripture true? Is the Divine Institution of the Church there contained? Is this our National, a Sound and Orthodox part of the Catholick Church? If so, are not those in the highest degree oblig'd, to make their Actions speak their sense of these things, whose Education gives them opportunities of knowing them to be true more perfectly than others? Our Doctrine, our Canons, our Articles, our Homilies, and our Publick Forms of religious Worship, do all give to Cæsar the things that are Cæsar's, as sure as Scripture its self does. 'Tis manifest then, that those persons whose Rank, Influence or Authority qualifies, and therefore obliges them to be more serviceable to their Prince than those of a meaner Station can be, are in the highest degree concerned to maintain and assert these things of God; and besides the common Obligation of Christianity, have a particular one to their Prince and Country in this respect. We are at present, and God grant that we may long be so, bless'd with a Queen, who, if any Prince can possibly be, might be safe, even upon that loose and dangerous Principle, that the Supreme Power is in the People; so much does She not only merit, but possess the Hearts and Wills of Her Subjects to defend and serve Her; but this encreases, not lessons our duty of promoting the Reverence due to those Truths, that will make Her sit most secure upon Her Throne: if these be the Doctrines of Scripture, and the Primitive Apostolical Times; and if our National Church maintains these Doctrines; if it has suffered for them; if the Crown has suffered in the Church's Sufferings, and in the contempt and neglect of these its Principles in the Nation; if all this be matter of fact, as no person can deny it to be that knows any thing of this Nation: Then I must presume to say, the Church and Queen ought to be inseparable in our Affections and our Prayers; our Duties to God, and those to Cæsar are really inseparable; and as 'tis certain we cannot be dutiful to God; so neither can we be truly serviceable to our Country, unless we make it our conscientious endeavour to promote the practice of both these in conjunction with each other. But Secondly, I must observe from what has been said, how much we are concerned to prevent the corruption of our Youth in their Notions of these great Duties to Church and State. And if these Duties be Essential both to the Christian Religion, and the Security of our Government, as I hope I have prov'd them to be; then it must be own'd, that the present Age gives but too great occasion for this concern. Young Gentlemen cannot go abroad into the World, but they will meet with Persons that, even in their earliest Years, will endeavour to instil into them these Principles; that the Church is but what the State, and the State but what the People please to make it. No notice is taken of what God has made either, neither is Scripture called into the debate. They are amused only with a vain Notion of Liberty, Scurrilous Declamations against all Holy Orders, and misapplied passages out of our Civil, and perhaps Ecclesiastical Laws. Now as 'tis not I fear generally to be expected, that very young Persons should be at the pains of searching these things to the bottom, and thereby detecting the fallacy and and and falshood; so that freedom from all manner of restraint, which these Doctrines carry a long with them, must appear very desireable, and be apt to gain a great deal of ground, unless where there is a very religious regard to Scripture upon the Mind, which must be own'd to be too much wanting amongst us. Should our Youth in this Age by this means be corrupted; our Nation in general must be so in the next. Could the Son of Man then find faith upon the Earth? Could either God or Cæsar expect his due? Were Religion and Conscience, and our Duty to the present excellent Constitution of this Realm, thus enervated and unhing'd; the Church its self would not suffer more in the contempt of its Divine, than our Princes, our Nobility and Gentry would do, in the precariousness and instability of their Civil Rights: this is undeniably a very melancholly prospect, and as undeniable 'tis, that the highest obligation lies upon all Estates amongst us, to take the utmost care that it may never come to be more than a prospect. If it be ask'd how this may be done; I must presume to answer by taking care of the Education of our Youth; that they may be put into no hands but where we may be secure, there will be no endeavours to corrupt them; but where they will, in their first years of Knowledge, be put in mind of Religion, be made acquainted with Scripture, be accustomed to their duty to God, and be made sensible, that 'tis no abridgment of their natural Liberty to be subject to the Divine Laws. That such an Education as this may be depended upon in our publick Grammar Schools, as these early years grow capable of it, is apparent to all Persons that know any thing of the manner of them. That our Universities do more particularly aim at these great ends, where young Persons are of riper Judgments and come from the study of Languages to that of things, will I hope be denied by none, but those whose Principles we oppose, and endeavour to keep those under our Care from being infected with. For 'tis undeniable, that all Persons amongst us are oblig'd to be constant at Religious Worship, to be instructed in Divine as well as Human Knowledge, in the Doctrines of our Establish'd Church, and in their Duties both to that and the State; that Vertue is encouraged and Vice censured; nay I will add, that we actually have as few breaches of good manners amongst us, as any considering Person can expect in such numerous Bodies. Besides these things of the greatest moment; 'tis matter of fact, that Young Persons, in our Schools and Universities, do make, at least, as great Improvements in all parts of Human Learning as in any other places whatsoever; so that whoever puts all these Considerations together, and none can be a fair Judge in this Case that does not, must allow that our Quality and Gentry may much better expect to make their Sons Ornaments to their Country, by means of this our publick Education, than by putting them into any particular hands, where they are generally uncertain what Religion, what Morals or what Politicks will be infus'd into them. To conclude with something yet nearer to the occasion of our present Meeting; as 'tis designed to pay a respect to Learning, and this sort of Education which I have mentioned; so 'tis certainly a most commendable instance of the Unanimity and good Correspondence between the Gentry and Clergy, for which this part of the Country is so deservedly Celebrated: 'tis an expression of our agreement, in approving and encouraging the best Service both to Church and State, the Instruction of Youth in the Rudiments of Learning, and the accustoming of them betimes to Religion. I may add, that one design of this Meeting is, our united endeavour to make the World take a just Notice of the Excellent and Successful care of this kind that's taken in this Place. May God Almighty encrease in us all a publick Spirit, and an Affection for such good designs as these. May we never separate a Learned and Religious Education from each other; and always remember this great Truth, that our Temporal and Eternal Welfare, and the Interest of our Country, entirely depends upon our Observance of the great Precept in my Text, Of giving to Cæsar, the things that are Cæsar's, and unto God the things that are God's. Which that we may all Conscientiously do, God of his Grace and Mercy grant, for the sake of our most blessed Saviour; To whom with the Father and the Holy Ghost, be ascribed all Honour, Glory and Praise, both now and for ever. Amen.

Religion

Religion and loyalty, or the reverence due both to Church and state, asserted in a sermon [...]

RelA1711

James IV.xiv. latter part. For what is your Life? it is even a Vapour that appeareth for a little time, and then vanisheth away. TO Understand the Design of these words, we need not look any farther backwards than the preceeding Verse: In which we find the Apostle Correcting the folly of those who Lay their Projects and Contrivances for Worldly Gain and Prosperity, so as to leave the thoughts of God's Providence, and their own Mortality, out of their Schemes; as if they had both Life, and all its Advantages at their Command. The intent therefore of this Passage is, to Check the Man of Business and the World in his too eager and peremptory Determinations for the pursuit of present Things, by teaching him to submit All to the Will of God, who does alone dispose of our Times, and our Mercies. Thus much also we are Taught both by the Life and the Death of our Departed Friend, as we shall see in the sequel of this Discourse. A Life so Busie, and so much under the Conduct of Religion; together with a Death so sudden and surprizing, cannot, one would think, fail of making very deep and useful Impressions. And how exactly our Text is suited to this Melancholly Occasion, will appear, if you Reflect on this one Circumstance; that He, who to all appearance was in Health at the close of one Day, lay numbred amongst the Dead in the Morning of another. Well may we say with the Apostle, Ye know not what shall be on the Morrow: For what is your Life? it is even a vapour, &c. Every sudden Death we hear of, methinks speaks no less to us than this, that at the present moment, for any thing we know, we may be as near dying, as if our Friends and all about us had given us over for Dead; and therefore that it is not unfit to suppose our selves in such a Condition, while we are Meditating on this Subject. Thus let us set our selves seriously to Consider, I. Let us seriously Consider this Description of the Present Life, It is even a vapour that appeareth for a little time, and then vanisheth away. I shall not seek after any thing that might Surprize in this Metaphor, but only Enlarge a little on these Three plain and very obvious Things. 1. Our Life is said to be a Vapour, on the account of its shortness: it appears but for a little time. As an Exhalation that rises out of the Ground, or the Waters, may wander a while upon the Surface of the Earth or Seas, 'till having spent it self, it disappears, and is seen no more; so Life, which some have called an active Spark struck out at the meeting of Soul and Body, seems very sprightly and busie 'till the Vital flame is spent, and then it Languishes and is Extinct. And if it should reach the longest Term of its appointed Duration, yet may it very well be said to be but a little time; as in that known place in the XC Psalm. The days of our years are threescore years and ten; and if by reason of strength they be fourscore years, yet is their strength labour and sorrow: for it is soon cut off, and we flee away. How does the Scripture every where abound with affecting Representations of this Truth! Sometimes Life is reduc'd to one of the least and scantiest measures, Thou hast made my days as an Hands-breadth: And in other Places, the shortness of Time is set forth by the swift motion of it. My days, says Job, are swifter than a Weavers Shuttle; which is no sooner thrown in at one side of the Web, but it is out at the other. If we look to the Sea, our days are said to pass away as the swift Ships; if upon the Earth, they are swifter than a Post: Or if we look into the Air, the Eagle that hasteth to her Prey, flyes not so swift as the wings of Time carry us, Job. ix. beginning. Now tho' a Life of Fourscore Years should be thus described by those things which are but of a few days, it may be but a few minutes continuance, yet there is no Impropriety or Unjustness in the Representation; because that Everlasting Duration which the Scriptures all along have a respect to, will make the Life even of a Methuselah to seem but a moment; and when compared with Eternity, a Thousand Years are no more than a Point of Time: But when we consider how many Ages now go to make up such a Summ as a Thousand Years, and yet how few that live to what we call a full Age; such Comparisons as these, cannot but appear with a very moving Propriety. 2. Our Life is called a Vapour, to signifie the Uncertainty of it: For as such a Meteor never continues long, so it is always very uncertain; one moment spreading to a considerable magnitude, and the next dwindling away, so as to be scarce visible; Now it shines with a brightness that shall draw the attention of all about it, and in the twinkling of an Eye disappears, and is suddenly put out. Just such an Uncertain thing is Life, so continually in danger, and so quickly Extinguished. If I may speak in borrowed Language: "When we consider this fearful and wonderful Frame of a Humane Body, this infinitely complicated Engine; in which to the due performance of the several Functions and Offices of Life so many Strings, and Springs, so many Receptacles and Channels are necessary, and all in their right Frame and Order; and in which, besides the infinite Imperceptable and Secret ways of Mortality, there are so many Sluices and Floodgates to let Death in, and Life out; we must say that it is next to a Miracle, tho' we take but little notice of it, that every one of us did not Die, every day since we were Born. Tillotson. So many are the Distempers, and so many the Casualties with which the Bills of Mortality are filled every Week; some dying in the Bloom, and others in the Midst of their Days; some wearing away by slow degrees, and others on a sudden expiring; some in the midst of Business, and a full Employment, others in the midst of Honours, and in the Highest Stations; that upon the whole we find, in all Ages and in all Conditions, Mens Lives are at the same Uncertainties; Nay, sometimes Life is like a Vapour in this, that it makes the brightest Blaze, and draws the greatest Observation, when upon the Point of Expiring. 3. Our Life is compared to a Vapour, to show the Irrecoverableness of it when it is once gone: it vanisheth away. Thus Death is described by the Psalmist, as a going hence and being seen no more, Psal. xxxix. And in this sense it is said in the Book of Job, that Man lieth down, and riseth not 'till the Heavens be no more, they shall not awake, nor be raised out of their sleep, Job xiv.12. What I Design by this, is to put us upon a suitable Attention to a Truth Universally acknowledg'd, but laid to Heart, as it ought to be, by very few. It is utterly impossible we should return to any of the Affairs and Enjoyments of this World, or into a second State of Tryal and Probation for a future World, when once Death hath passed upon us. Our Condition then is for ever determin'd, and our Place of Abode for ever fix'd; so that in the Place where the Tree falleth, there it shall be, Eccles. xi.3. Hence it is that the Wise Man prefers the Living to the Dead, because the Living know that they shall die. Those that have once miscarried in Dying, can never amend, or correct the Mistake; but those that are still Alive, have the Priviledge of looking to their Approaching Dissolution, and of preparing for it, as what is yet to come. Before I leave this Head, it may not be improper to Observe, that our Text does not say the Soul is a Vapour that vanisheth away, but the Life is so. The Soul 'tis true goes forth with the Breath, but it does not lose either its Being, or Activity, by its separation from the Body: and those, who would argue any thing from such Passages as this, to the debasing of Humane Nature, and putting it upon a Level with that of Brutes, do show indeed what they could wish might be, not what in Reason appears to be, the Sense and Import thereof. There is one Place in the Ecclesiastes, that has been strangely perverted by such; which I would take this Opportunity to set in its true Light; and that is in the iii Chap. 19,20,21 verses; For that which befalleth the Sons of Men, befalleth Beasts, even one thing befalleth them: as the one dieth, so dieth the other, yea they have all one breath; so that a Man hath no pre eminence above a Beast, for all is Vanity. To understand which, the Intent of Solomon throughout the whole Book ought to be kept in view; and that is to consider the several States of Life, and the Notions of Men, that could make any pretensions to a satisfying Felicity. And it is very evident that here he is only Personating a Voluptuous Arguing Infidel; or it may be representing his own way of Talking, when carried away by an Atheistical Profane Spirit. I read it therefore as an account of what those Men think, or if they could, would think, who chuse to live like Brutes, rather than as Reasonable, Immortal Creatures. Thus he represents 'em as going on: Some tell us indeed of the Soul of Man surviving the Body, while that of Beasts perishes, but who knoweth the Spirit of a Man that goes upward, and the Spirit of a Beast that goes downward? who ever saw either of these ascending, or descending, or who can pretend to give such a distinct Account of them? Thus deriding the Thoughts of their Immortality, they resolve all into this; that nothing is better than for a Man to rejoyce in his own works here, as his Portion and Happiness: But that this Oracle of Wisdom only brings in these things to Condemn them, is evident from that most plain and express sense of the Matter, which he gives us as his own afterwards; xii Chap. 7. ver. Then shall the dust return to the Earth as it was; and the Spirit shall return to God who gave it. So that while Men talk at this rate, they only prove themselves of the number of those whom Solomon there Describes; not of those who believe and Understand things as he did. But it is fit we should turn away from such as are thus Careless and Unreflecting, to support and assist those that are apt with too much Melancholy and Uneasiness to Muse on their present Frailty, and Mortality; which is what we have propos'd under the next Head. II. To Consider those things that may Reconcile us to this account of Life. And it is absolutely necessary in order hereto, that we lay together, and pursue a while, some such Thoughts as these. The Great Author of Nature, whose Wisdom and Goodness are Infinite, having made Man an Intelligent Rational Creature, must have design'd and intended him for some End suitable to such a Being, and such Capacities. The utmost of what Men enjoy and arrive at here, falls vastly short of such an End; and the whole World is no more able to Satisfie, than it is to Redeem a Soul: But look we stedfastly into the Heavens, Survey the Glories, and consider the Employments of those that are Immortalized there; and then look back upon the present Life, as it referrs and leads to that Blissful Eternity; and we are no more distress'd to think of the Shortness, the Uncertainty and the Irrecoverableness of it. This will reconcile us to the Thoughts of appearing here but for a little time; since we see a better and unspeakably more desirable State in the Future, than any Condition can be in the Present World: So numerous and so grievous are the Calamities of this Life, that instead of bewailing the shortness, many have complained of the length of it; and have sought for Death, even as for a hid Treasure: All which Miseries are intirely and for ever removed from the Soul that gets to Heaven; and innumerable Joys and Pleasures are its Portion in their stead. And tho' Life be very short, yet it is long enough for this Great and Main Work, our Preparation for Heaven. We are indeed fallen from our Creator, and therefore we suffer a while under the necessary Consequences of that shameful Apostacy; but as God has set on foot a Design of Recovering us out of this State of Sin and Misery; and has sent his Son to publish his Grace and Good-will to Sinners; and by his Death to make Satisfaction for the Sins of all those who sincerely believe in him, Repenting and turning unto God thro' him: So as soon as we are brought to a Compliance with these Terms, and made prevalingly desirous of God's Favour, and possess'd with all those Great and Good thoughts of him, which may fit us for an Everlasting Fruition, our Work is done: and nothing more remains, if we should abide never so long here, but that we continue in his Love, holding fast the Profession of our Faith, being stedfast in the Performance of our Duty, and enlarging our Thoughts and Desires still more and more according to the Means and Helps we have for that purpose. And the shorter Life is, when it comes to be thus employ'd, the sooner do we receive the End of our Faith, even the Salvation of our Souls, 1 Pet. i.9. I am sensible that Life is much too short to accomplish all the designs of the Men of Learning, or of Politicks, or of Business; but if you will believe One who was acknowledg'd to be a Person of the greatest Learning, and who had been employ'd in the greatest Concerns, those of Courts and Kingdoms; He speaks both of his Severe Studies, and of his several Embassies, as a Busie Idleness; and at last cried out, Ah vitam perdidi operose nihil agendo. I have lost my Life in a Laborious doing of nothing. Upon which it is very just to Conclude, that our main Work and Business is not to manage Affairs, or to search after the Wisdom of this World, but to get acquainted with, and prepare for Another; and that a very short Life duly improved, would be long enough to do. But further, when we consider the Uncertainty of Life, the Prospect of an Eternal State will in This also Relieve and quiet our Thoughts. We know not but we shall Die before to Morrow; but we know that if we are ready, a Surprizing Death will be only a Surprizing Happiness; and there is nothing more likely to make, or keep us ready, than a constant Expectation of our Departure. Universal Experience shews us, that nothing less would be a restraint upon the Wicked, or a prevailing Excitement to Watchfulness, and Diligence in the Righteous themselves, Let but the Unfaithful Servant once say in his Heart that the Lord delays his Coming; and all his Appetites, both the Angry and the Voluptuous, as Doctor Bates somewhere observes, are immediately let loose; He begins to smite his Fellow Servants, and to Eat and Drink with the Drunken; yea, the Good Man too would be apt to grow very remiss and negligent, were it not for such a Text as that; Watch therefore, for ye know not what hour your Lord doth Come, Matth. xxiv.42. The keeping us at Uncertainties, and Hiding from us the particular Time of our Death, may be consider'd as Serviceable to very great and wise Purposes, even at Present; but much more does it satisfie and calm the Mind to consider this, with respect to Eternity. See Sherlock's Practical Discourse Concerning Death. p. 227. &c. It is, I confess, very Trying to see a useful Life snatch'd away on a sudden; and with It a great many Generous Designs falling to the Ground. If ever we might wish or hope for a Certain Continuance of any Life, it would be such an One; but even in this Case we may rest satisfied that the Dying Party does not lose the Reward of what he wisely and piously design'd, no more than of what he has already effected; many times Such are taken away from the Evil to come. And for others who are Sufferers by such Strokes, they frequently prove a seasonable Rebuke to our Sins, a means of cutting off those Prospects and Expectations, that might fix our Hearts on the Creature, instead of God, and so very much promote our Piety and Heavenly mindedness. And after all, we are sure, that a future State will Explain the darkest Passages to our full Satisfaction. And that however uncertain and accidental these things may seem to us Here, yet Hereafter we shall see that all has been done according to the Wisest Counsels, and by the most Unerring Rules. I need not add much to quiet us under the Thoughts of the Irre-coverableness of Life; because what is said of this, we find Persons generally more satisfied with. When we consider the Death of our Friends and Relations, we quickly fall in with that of David, ii Sam. xii.23. Now he is dead wherefore should I fast? Can I bring him back again? I shall go to him, but he shall not return to me. And when we consider it as our Own Case, it is enough to think, that we have fair and frequent Warnings before hand; which if we hearken to, we may obtain a better Life, in a better World, though we cannot return again to this. So that, if we are Irrecoverably Miserable, we must take it to our selves, since we would not be perswaded of our Danger, nor brought to our Duty: And if we are Unalterably Blessed, we shall have no reason to lament our being taken from this Earth, tho' never more to return to it. That it may be thus with us, let us now seriously attend to III. The Improvement which we ought to make of these Things. 1. From hence we may Learn how to Manage, and to behave our selves with reference to the Affairs and Enjoyments of this Life. Since our Life is but as a Vapour that appeareth for a little time, the Apostle argues that we should not presume upon Futurity, nor act as those that Do so. Go to now, ye that say to day or to morrow we will go into such a City, and continue there a year, and buy and sell and get gain; whereas ye know not what shall be on the Morrow, &c. It is strange that Men should be more concerned to lay in for future Years, than for a future Eternity; when it is so seldom that they live to see those Years, and so certain that they must enter into Eternity. Is not He very justly Condemn'd for his Folly, who promised himself a Long time to come, when he had not a Day to live? In strict speaking it can be call'd nothing less than Distraction for Persons to follow such an Example, when it proves such an instance of Ruine and Disappointment. I would not be understood as arguing against a Prudent Concern for the Time yet before us; but against all boasting and presumptuous Confidence of what we will do, or what we shall enjoy hereafter. And if it was possible to Correct so Bold and Projecting a Temper, one would think the foregoing Considerations of the shortness, and uncertainty, and irrecoverableness of Life would do it. So Those, who are promising themselves a variety of future Pleasures, and Indulging a vain Romantick Imagination in all its delusive prospects, should methinks lay aside such Gay and Flattering Conceits, and become so Wise as to transfer all their high Expectations of a Real Happiness to Another World. I wonder the Thoughts of sudden Death, and the Consequent Misery of them that forget God, does not spoil the Sinful Mirth and Jollity of the Voluptuary; and Arrest the Busie Worldling in his Criminal pursuits of Wealth and Riches: and surely they could not stifle or dismiss such thoughts as they Do, if ever they apply'd 'em to their Own Case: But whilst they allow that Life is a Vapour; that many who are in Health, will in a few Days or Months, be laid in their Graves; yet they never reckon Themselves amongst the Number. Should a Voice from Heaven tell such an one by Name, this Night thy Soul shall be required of Thee; how would it startle his Mind, and turn the whole Current of his Thoughts and Designs? But will such say, This is the way to lose all our Delight and Pleasure, and make us neglect our necessary Concerns, to be Always under such apprehensions of the Nearness and Approach of Death: To which I would Answer. And fit it is certainly, that both your Sinful Pleasures, and your Sinful Cares should be abandon'd, by the daily considering of your latter end: which being done, this would never rob you of any Licens'd Pleasure, or hinder you in any Lawful Business, only it would make you wise in both. To illustrate this by a plain Similitude; you may be liable every Night to be surpriz'd by Thieves and Robbers; this may make you Careful in the Evening to lock and Bar your Doors and Windows, but it does not prevent your going to Bed, or break your Repose: So may we daily be in Expectation of Death, and provide against it, but it needs not to break in upon, either the usual Business, or Refreshments of the Day. In short, whether we are mourning for the Want, or rejoycing in the Use, or aiming at the Purchase, and procuring of any Temporal Blessing, we should keep in mind that of the Apostle, 1 Cor. vi. They that weep should be as though they wept not: and they that rejoyce, as though they rejoyced not: and they that buy, as though they possess'd not: and they that use this World as not abusing it; for the Fashion of this World passeth away. 2. Let us from hence be Instructed to set a higher value upon, and be more Careful about, the Welfare of our Immortal never dying Souls. Let us no longer set our Affections upon that which is vain and fleeting; nor prize, as we have done, the Enjoyments of a Life that is no better than a Vapour; but let us mind more those things which tend to raise and an Ennoble our Spirits, and to Exalt us to the Life of Angels, and the Immediate Presence of God. It is said of Pythagoras, that he gave himself up for some time to those Exercises that might add Strength and Agility to his Body, and Enable him to Excel in the Olympick Games, till he heard Pherecydes talking of the Excellency and Immortality of the Soul; and then he made it his Business to advance in Knowledge and Vertue. How will such Instances as This Reproach and Condemn us, if notwithstanding all the Great Things that, we hear and read, our Souls are made For, and Capable of, we still debase their Noble Faculties, only to pursue the Things of Sense, and of this uncertain Life? And shall that Invaluable Being; that precious never dying Spirit be made away with for the sake of Trifles? and all its best Thoughts and Affections fix'd upon that which is not, and from which in a Moment it may be snatch'd away? Shall it still be said of any that they Act so like Children, or that from Children, they are become Brutes instead of Men? you may show indeed the Man in this, that the Rational Powers do exert themselves with greater vigour; and whilst you seem to Act Rationally, you may with some Reason, Argue and plead for what you do; but are not your Principles and your Ends still the same, or worse than what they were in your Minority? and is it not Sense and this Life that you are still Catering for? Men take it for Granted, that such and such Appetites are to be Gratified, and that they cannot be Happy except it be so; when the only way to the Happiness they propose, would be to Unravel all their Actions to their very First Motives, and Principles, and to change and alter These. And Oh! that I could but prevail with the Sensualist to take such a Course as this, and I durst answer for it, that his Schemes both of Thinking and Acting would be changed Infinitely for the better. But who is sufficient to perswade such? they have heard over and over the most affecting things, even till they are Steel'd and Hardned with them, till they can sit and Sleep under 'em, or go away and make a Jest of them. Tell 'em they know not what shall be on the Morrow, their Lives are a Vapour, &c. the Judge is at the Door, and their Damnation is at hand; they have heard all this so Often, and have thought of it so Little, that it is become no more than a Sound, that reaches only the Ear, and is lost, as soon as heard. Beseech 'em by all that's Solemn and Sacred, by all that's Great, and Important, to take Care of their Souls; tell 'em with a Dead Corps, or the Ensigns of it before their Eyes, that in a little while it will be So with them; yet you might as well speak to the Dead themselves, as to such. But thine Almighty Voice, Blessed God! can raise the Dead; do thou therefore speak the Word, and those that are Dead in Trespasses and Sins, shall immediately Live! And now since the Gospel Informs us that Christ Jesus alone has the words of Eternal Life; this should Engage us to give up our selves to Him, as the only way to be Saved from Sin and Death; and so to believe in him, and follow him here, that we may be with him where he is, and may behold his Glory, Joh. xvii.24. Let us then Enter our Names, and List our selves under his Banners; submit to his Discipline and Appointments, constantly Serving and faithfully Adhering to him, as not doubting but he will be the Author of Eternal Salvation to All them that obey him. Let us never forget the Import of that Great Name, A CHRISTIAN; but according to the Apostle's Admonition, Let every one that names the Name of Christ, depart from Iniquity: and in Imitation of his Brave Spirit and Example, forgetting those things which are behind, let us reach forth unto those things which are before, pressing toward the Mark for the Prize of the High Calling of God in Christ Jesus, Phil. iii.13. 3. Let the foregoing Considerations put us always upon the best Improvement of our present moments. Time is justly esteem'd more Valuable and Precious than Gold or Jewels, or the greatest Treasure, because it is not to be Regain'd when once gone from us. Other things if lost, may be found, or purchased again, and may be had with advantage; but our Time, when once past, can never be Liv'd over again, nor can we Purchase one Expired Day, if we would give ten thousand Worlds. Your greatest Offers, and most passionate Intreaties when you Come to Die, will not prevail for One of those Hours that now it may be you think a Burden, or are trifling away. I wish those that as Job speaks, take the Timbrel and Harp, and rejoyce at the sound of the Organ; that spend their Days in wealth, or in mirth, and in a moment go down to the Grave, Job xxi.12,13. would for this once be perswaded to a Serious consideration of what has been said. It is a Noble Passage of Sir Francis Walsingham, when some of the Courtiers came to him, to divert him, being as they apprehended in a Melancholy Fit, He cast a damp upon all their Gayety, by thus Explaining his Thoughtfulness to 'em. "Ah! my Friends, while we Laugh all things are Serious round about us; God is Serious, who Exercises such Patience towards us; Christ is Serious, who shed his Blood for us; the Holy Ghost is Serious, who striveth against the onstinacy of our Hearts; the Holy Scriptures bring to our Ears the most Serious and Important things in the whole World; the Holy Sacraments represent the most Serious and awful Matters; the whole Creation is Serious in serving God, and us; All that are in Heaven, and in Hell are Serious; How then can a Man that has one Foot in the Grave, jest and Laugh ? I am sure this ought to be Consider'd by those who spend their Whole Time in a vain and Irreligious Merriment: The Healthiest in the World, may for any thing they know, be as Near the Grave, and so may as properly be said to have one foot in it, as this Person was. Since you know not what may be on the Morrow, don't lose this Evening; Go Home, set your selves in a Thinking Posture; and whilst you are Musing, it may be your Hearts may burn, and be inflam'd with some such Ardent Request, as that of David, Lord! make me to know mine End, and the Measure of my Days what it is, that I may know how frail I am, Ps. xxxix.4. Let such Thoughts as these abide with us also; and let 'em Engage us to Live Daily, as those that Die daily; so as that with every Setting Sun we may be able to say, Whether to morrows Sun rise, or not, we have lived to Day. And so may we close our Eyes every Evening in the Comfortable hope of opening them either with the Mornings Light, or in Eternal Day. I shall now add something concerning the Mournful Subject that has occasion'd this Discourse, and so Conclude. THE Publick News-Papers have already told you that Dr. UPTON, an Eminent Physician in this City is Dead; and I beg leave to Publish it, that he was an Eminent Christian too: A truly Good, as well as a Great Man; whose Memory as it is blessed, so it ought to be preserv'd. I cannot, I confess, be of the Number of those who are so very Judicious as to drop all Characters of the Deceas'd; nor yet would I give Flattering Titles to any; for in so doing, I know my Maker would soon take me away: But I have sometimes found as to my Self, and have frequently observ'd it as to others, that the Recommending any part of Religion by an Example, has been of very great Service; and I would not lose One Witness to Christianity, let the Enemies of it say or think what they will on such Occasions. No body can be so weak as to suppose, whilst we are speaking of what was Excellent, and commendable in Any, that they had not their Frailties and Imperfections; for many such there will be when we have done our best; but surely That will never stand for a Reason why we should either not speak of, or not Endeavour to Imitate their Graces. For my own part I am not yet sensible of any Mistake, in thinking that the most Private Life and Character may be of Use as well as those of Statesmen, and Princes; nay the former must suit the Circumstances of a greater part of the World than the latter does; there are unspeakably More in a Low than in a High Condition. And if this should put any upon expecting the like to be said of them, or Theirs, when they have done nothing to deserve it, I see no Difficulty in Declining it; nor should I ever trouble my self with what the Consequence of so doing, might be. I hope you will pardon this Digression, for as such I desire it may be look'd upon, since it might have been spared at present. As to the Extraction of our Departed Friend, (for a Friend I am sure I have abundant Reason to call him) he descended from a very Ancient and Worthy Family: and what he chiefly Gloried in, from such as truly Fear'd God, and did Great Things for him in their Day. He went thro' all that is usual in the Schools and Colleges, to fit him for his Design'd Employment in the World; and all that knew him, must allow, that both his Genius and Acquirements were Extraordinary. I might follow him in the several Scenes of his Life, to his last Settlement in the Place where he died; and from several Passages out of his own Mouth, as well as what I have heard from his nearest Relative; a many very Instructive Things might be Set to View, but I rather chuse to insist upon what I have observ'd my self in that Intimate, tho' alass, too Short Acquaintance I have had with him. And I would particularly Consider his Life and Example, as it may Enforce what I have been Explaining, and Pressing in the foregoing Discourse. He was not one of those that Promis'd himself, or that acted upon a vain Presumption of Long Life, He had frequent Warnings of the Contrary, by Bodily Indispositions; and tho' He was of a very Cheerful and Sprightly Temper when free from Pains and Disorders, yet would He never put far from Him a Dying Day. He knew how to maintain a Sense of his Mortality without Uneasiness, and in the midst of Business. He was far from setting his Heart on any Gains or Grandeur in this World; as his great Generosity in the whole Course of his Practice of Physick does abundantly prove. And as the Holy Ghost has seen fit to Record in the Acts of the Apostles, the little Eulogies of those who wept over the dead Body of Dorcas, speaking of the Coats that she had made for 'em, and the Kindness she show'd 'em whilst Alive; so may we very well take notice in the present Case of those who are lamenting the Loss of Dr. UPTON, and speaking to one another of the Care that he took to Save their Lives, and Heal their Diseases; and who have this to add to all, that He did it freely too. How many Persons have I my self heard Crying, and saying, He would not take anything of Me, and yet as ready to Help me, as if I had given him never so much. He had as great Opportunity for getting a Large Estate, as many of those who have been most talk'd of on that account; and perhaps none in his Station more Fully Employ'd: But he all along show'd that he took more pleasure in doing Good to Others, than Enriching himself. He has indeed taken Care to make a very handsome Provision for his Family, and a Double Blessing I doubt not will accompany what he has left; but I may very safely say it would have amounted to several Thousands more, if he had been of the Temper of some others. I mention this to let you see upon how much nobler a Principle He acted than that of the Generality, to get all they can; and how very Remote his Spirit and Behaviour was, from that which our Text is brought to Reprove; and it will further appear to have been the Reverse, if we Consider the Serious Regards that he always had to the Will and Providence of God. His Piety was very Inward, and free from all Affectation, but yet very Real, and fruitful, and full of Good Works. He was always possess'd with Awful and Honourable Thoughts of God, and could not hear his Name Blasphem'd without great Uneasiness, and Concern. He was firmly Establish'd in the Belief of Revealed Religion, and that not without Considering, and being well acquainted with, the most prevailing Cavils of Infidelity. He knew what Stress to lay in this Matter upon the Inward Testimony of the Spirit; and could look to the Vital Renewing Influences thereof upon his own Soul: It was in his account, a faithful Saying, and worthy of all acceptation, that Jesus Christ came into the World to Save Sinners. These Heads, and many more some time ago I have had occasion to talk with him upon, when Discoursing on those words, Rom. i.16. I am not ashamed of the Gospel of Christ, for it is the Power of God unto Salvation to every one that believeth. He lov'd the Publick Worship of God, and would always Contrive the Visiting his Patients, if possible, so as to give his Attendance Once at least every Lords-Day. And when he was Absent, He was Employ'd either in Works of Necessity, or Mercy. As to the way in which he chose to Worship God, it was with the Moderate Dissenters; for so I think I may call this Assembly: and such a one I am sure he was: Very Charitable in his Sentiments, Loving and Valuing true Goodness wherever he saw it. He had the highest Esteem for your late Pastor, the Admirable Mr. Sylvester, whom he us'd to call his Spiritual Father; and he continued a Kind and Faithful Friend to him, notwithstanding his Discouragements from others. He did not forsake your Assembly at the Death of that Valued Man, as too many in other Places have done upon such a Remove; But he still appear'd as a very great Encourager, and a Support to us ever since. He has always maintain'd his Resolutions of standing by us; and even at a time of the most violent Assaults upon us, when our Place of Worship was Demolish'd, and we every where Insulted, He was not asham'd of Us, or our Cause. He well knew how to Interpret, and what Use to make of the Scandalous Falshoods that have been Publish'd to Exasperate such as were Ignorant of us, and to set them against us. He look'd upon our Interest, in the midst of all the Contempt that was cast upon it, as what did not deserve to have been so Treated. The greatest Thing indeed he us'd to say for the Dissenters was, that he lov'd their Serious and Affectionate way both of Praying, and Preaching; and that he always found himself the better for it. As Prince Henry once said upon hearing the Puritans of those Times talk'd against: That he knew not what they call'd Puritan Preaching, but he lov'd that Preaching best, that went nearest his Heart. So would the Doctor in some such manner as that, often Plead for us. I mention these Things, in hope that they will not be look'd upon as Eclipsing Him, but rather as Reflecting an Honour upon us. To proceed, he was Careful to keep up Religion in his Family, as well as in Publick; and I wish those who make Business a Pretence for the Neglect of Family-Prayer, would think of the constant Hurries of such a Life as His; and withal Remember that he did not on the account of these, Live in the Omission either of his Private or Secret Devotion. He was very Serious in his Preparations for a Sacrament; and tho' he had not so much Leisure as I have heard him sometimes wish for; yet still did he always maintain a Sense of the Solemnity and Importance of such an Institution. He was a Hearty Friend to the Ministers of all Denominations, and upon all Occasions ready to Help either them or their Families when sent for, without Fee or Reward, He was a Person of a truly Publick Spirit, heartily Concern'd for the Welfare of his Country, Studious of those things that might make for Peace; and wisely sensible of the Dangerous Consequences of our Heats and Divisions. He had a Tender Love for his Relatives, behav'd himself Wisely in his own House, and lov'd to be in it as much as he could. And tho' his frequent Pains, and constant Fatigues, might sometimes shorten and ruffle his Temper, yet there was never any abiding Disgusts, or any abatement of his hearty Affection. As the Master of a Family he was Provident, and Rul'd well; as a Husband he was Kind and Engaging; as a Father he was truly Solicitous about the Good of his Children, both in this, and a better World. He has indeed out of many, but Two that Survive him, a Son, and a Daughter; the one he has lately settled with a Merchant of good Repute in this City; and the other he has Married to a Person very suitable, and desirable to the Family; and one who I hope was sent in Mercy against such a Time as this. He was Liberal, and Bountiful to those that were in Want; and his Charitable Contributions both Yearly, and Occasional, were very Considerable; He always desired that, instead of making a Show at his Funeral, by Inviting the Rich, he might have the Poor call'd in, and Reliev'd; which Desire has been fulfill'd. He had a true Relish of Friendship, a good Taste in Conversation, and was himself, in the general, as Entertaining and as Profitable as any. In his most pleasant Hours I never found him unfit to turn to a Serious Subject; nor did his Seriousness in the least spoil or lessen his good Temper. If there were any whose Manner he could not fall in with, he had the Wisdom not to attempt it. He was open, free and easie? and was as far from Stiffness and Affectation in his common Behaviour, as in his Religion. He had no forbidding Jealousies, or Fears of wanting a due Respect from those he Convers'd with; but took a way rather to Invite a Familiarity, than to keep his Friends at a distance from him. This part of so lovely a Character, makes me forget my self. I must Conclude it, and that I shall do, with what adds a Lustre to all. He was a Man of great Humility, very sensible of his Frailties, and of a Contrite Spirit, with respect to God: How Devout and Affectionate have I seen him at a Sacramental Table! He was not asham'd to speak of his former Difficulties and Troubles; He lov'd to Recount the Kindnesses of Providence towards Him, and His. And yet he never would Boast of his Successes; nor did he Rise at all in the Conceit of his Merit thereupon. He was far from Censuring, or running down any in the way of his Profession, to Advance himself. He would go to the Meanest in their Afflictions, as well as to the Rich and Great. He was strangely averse to the making a Show in the Eyes of the World; and it was his Constant Desire to be Carried as Modestly out of it, as he had Lived in it. His Body was accordingly Interr'd Interrr'd as privately as might be in the Parish where he Dwelt; and where others of his Relations had before taken up their Rest. Thus was he gather'd unto his Fathers, in the Fifty fourth Year of his Age. The Manner of his Death I told you at the beginning of this Discourse was sudden, being apparently Well at his going to Bed, about Eleven a Clock, and struck with Death before Two in the Morning; tho' he did not actually Expire till about Nine. Some, Things have been already hinted, that may quiet our Minds under such a Surprizing Stroke, and I must not now stay to Enlarge. Let the Impressions that have now been made, Abide with us; and if you can carry away no more, yet be sure to Remember, and often call to mind this Text: He know not what shall be on the Morrow; For what is your Life? it is even a vapour that appeareth for a little time and then vanisheth away. Such an Example, and such a Decease must surely be very Instructive to us. He Died in the midst of very Gainful and Reputable Business; He died in the midst of many Distinguishing and Comfortable Enjoyments, and many Fair Prospects; He Died generally Desired, and Belov'd, as we see by his being so Universally Lamented: And he Died so suddenly, that he had but just time, after his first Seizure, to Bless his Family, before he lost his Speech, and his Senses. He that hath Ears to Hear, let him Hear the Voice of such a Providence, which so loudly calls to us in the Language Langurge of our Blessed Saviour, Be ye also Ready. And if He, who, while Living has been Instrumental to Save so many of our Lives, may but by his Death promote the Salvation of our Souls; this will turn our present Sorrow and Distress, into after Thankfulness, and Praise. May this be the Comfortable Consequence of so Sad a Day to his Mourning Relatives! that Almighty God may be instead of a Husband to the Widow, and instead of a Father to the Fatherless. And may it be to all of us a Means of Disgracing this Visible, and Realizing an Invisible World; that when it shall be said of one and another of us, as in little Time it will be, They are Dead; it may also be said, as we have abundant Reason to add in the present Case, They are Happy. Which God of his Infinite Mercy grant, for the sake of our Lord Jesus Christ, who was dead, but is alive, and lives for evermore; to whom be all Glory, Power and Obedience, World without End, Amen.

Religion

A Funeral Sermon.

A funeral sermon, upon the sudden and much lamented death of Dr. Francis Upton [...]

RelA1721

2 Kings IV.I,2. Now there cried a certain Woman of the Wives of the Sons of the Prophets unto Elisha, saying; Thy Servant my Husband is dead; and thou knowest that thy Servant did fear the Lord: And the Creditor is come to take unto him my two Sons to be Bondmen. And Elisha said unto her, What shall I do for thee? Tell me, What hast thou in the House? And she said; Thine Handmaid hath not any thing in the House, save a Pot of Oil. THE Imperfection of our mortal State is in nothing more evident, than in This; that it's very Pleasures are founded upon Pain: As the Pleasure of Eating and Drinking, for example, upon the Pain of Hunger and Thirst. Of the same Truth our present Assembling together is another Instance. For though it be in it self of a festival Nature, attended with sacred Musick in the House of God, and at least, with innocent Musick in the House of Feasting; all which is perfectly proper; since we meet upon so delightful a Design, as That of promoting the Relief of the Needy, and mutual Love among Our selves: Yet so it is, a melancholy Subject lies at the Root of all; and our Rejoicing is grounded upon our Mourning: As That Last again is upon the Mourning of Others. The Tears of Widows and Orphans are our Summons to This chearful Meeting: Which yet ought to be a chearful one, because the End of it is to contribute what we can to wipe Those Tears away. The over-ruling Providence of God has been pleased, for Reasons infinitely Wise and Just, to set These Two, the One over-against the Other; as the Royal Preacher expresses himself concerning Prosperity and Adversity. Eccles. 7.14. The very hearing of my Text at This Time, naturally suggests the foregoing Reflection. Since it is entirely applicable to This festival Occasion; and yet gives us an Historical Account of an Incident, to the last degree distressful. An holy Man of God is just dead; leaving his Family in such miserable Circumstances; that his Widow is crying out for Help against a Creditor, who, in defect of Money to defray his Debts, is violenty seizing upon his two Orphans, and dragging them into Bondage. These are the only Possessions of any Value which he leaves behind him: For his Widow being asked what she has more to satisfy the Creditor; What hast thou in the House? In the Bitterness of her Soul, returns This humble, and modest, and therefore the more moving, Answer; Thine Handmaid hath not any thing in the House, save a Pot of Oil. A hopeful Provision for a Widow and two Orphans! besides the discharging of the Debts! She has already lost her Husband; and They their Father: And for That very Reason She is now upon the point of losing Them; and They of losing Themselves, i.e. of becoming Slaves, or being a Part of the Goods and Property of another Family. For (as I before hinted) their Father is so far from leaving any Effects, as we speak, to maintain his Children; that (besides the Pot of Oil above mentioned) the only Effects he leaves, even to pay his Debts, are Those Children. Had Those Obligations been contracted by his own Extravagance, or Neglect; we should greatly blame the Deceased, however we might pity the Survivers. But we are assured, that he was one who feared the Lord; a Character utterly inconsistent with That infamous Principle of Wickedness and Folly. Thy Servant my Husband is dead; and thou knowest that thy Servant did fear the Lord. Which prepares our Commiseration for the Distress that follows. Those Incumbrances indeed may be, and often are, occasioned by a Man's own Vices and Mismanagement: But Those too, like other Troubles and Afflictions, may, and often do, fall upon Persons strictly Religious, purely by their Misfortune, not at all by their Fault. By the Sons of the Prophets, are meant the Disciples, and Attendants, of the Prophets; Themselves being instituted to, and designed for That Office; and even actually exercising it in some measure, viz. as Ministers, or Assistants, to the Prophets, and acting by their Designation, or Appointment. Thus One of them, by the Order of Elisha, anointed Jehu to be King of Israel. 2 Kings 9. Nay, sometimes (though not so ordinarily) they exercised it directly, and immediately, under God himself. As 1 Kings 20.35, & seqq. And a certain Man of the Sons of the Prophets said unto his Neighbour in the Word of the Lord, smite me, I pray thee, &c. And pronounces a Prophesy, or delivers a Message from God to King Ahab, v. 42. And he said unto him, Thus saith the Lord; because thou hast let go out of thine hand a Man whom I appointed to utter Destruction, therefore thy Life shall go for his Life, and thy People for his People. And not only so, but he is expresly called a Prophet, v. 38. and 41. In short, They were an Inferiour Order in the Prophetical College; and much the same to the Superiour Order, or to the Prophets, commonly, and eminently so called, as Levites to the Priests under the Law, and Deacons to the Priests under the Gospel. And since a Part of the Prophetical Office was to teach, and instruct; which is likewise called Prophesying in the New-Testament; We of the Clergy are in That Respect Prophets, or Sons of Prophets; and so the Text is every way applicable to the present Solemnity. It was one of This Order therefore, whose Widow makes the pathetical Complaint here mentioned. From which I shall take Occasion briefly to discuss several Particulars; some directly, others collaterally, or by Analogy, tho' not directly, deducible from it. Of the former Kind are These. That the State of Marriage is not prohibited to Persons of an holy Function: A Woman of the Wives of the Sons of the Prophets: That the Afflictions of This Life are incident to the best of Men, and their Families; Thy Servant did fear the Lord, and the Creditor is come, &c. Lastly, That Those who are piously inclined, will be ready to assist the Widows and Orphans of such Persons, especially Those of a sacred Character; And Elisha said unto her, what shall I do for thee? Of the latter Kind are These. That certain consecrated Orders of Men are useful, and even necessary, being appointed by God himself; that great is the Dignity of their Office; and that they ought to be esteemed accordingly: This is implyed in the Mention of particular Orders, instituted by God, Prophets, and Sons of Prophets: That the Temporal Condition of Spiritual Persons in This Nation, to which we belong, is, upon the Whole, very hard and unequal: This I observe, by way of Accomodation, from the main Drift and Tenour of the Text; This miserably impoverished Man of God, and his Family, looking like a Type of the indigent Clergy of England, and Theirs: Lastly, That not only Spiritual Persons themselves, but their more immediate Relations, are particularly obliged to the exemplary Practise of Vertue and Religion: This I deduce from the Widows urging That Argument, viz. that her Husband feared the Lord; In which it may be imply'd, that She herself was one of the same Character; otherwise she would not be so likely to alledge That Argument. That she thought her self particularly obliged to exemplary Vertue by her Relation to her Husband, is not, I acknowledge, so much as hinted: But I take leave to graft This Part of the Observation upon the Other; since it is true in it self, and applicable to the Design of our present Meeting. I have hitherto mentioned These Propositions, and placed them in This View, only to distinguish between Those which are directly, and Those which are indirectly, deducible from the Words I have chosen; that I may not seem to lay more stress upon a Text, than it will really bear. But I shall, for the Sake of Method, discourse upon them in a different Train; so that every subsequent Proposition may naturally follow That which immediately precedes it. I observe therefore, Upon These Heads I shall discourse, as they lie before us; and, in as few Words, as the Importance of them will permit. I. First then I observe, That certain sacred Orders of Men are useful, and even necessary; being instituted by God himself; that great is the Benefit and Dignity of their Office; and that they ought to be loved, and honoured accordingly. I say, I observe This: For I pretend not here to prove it at large: Nor would there be any Occasion of proving it at all; were every one, who calls himself a Christian, really such. Those among our Adversaries, who believe any thing of the Bible, must, and I think, do acknowledge, that the Jewish Prophets and Priests were by Divine Institution; because That People was under the immediate, and even visible, Inspection of God himself. And the same they are pleased to grant of the Apostles, and Others who had the Gift of working Miracles; under the Gospel Dispensation. But as We have no such direct and particular Revelations, nor any such extraordinary Powers; they imagine that they have room to object against the Commission of our Ministry, said to be derived through so many Ages by a continued and regular Succession. They may indeed object against This; and we cannot help it. But whoever shall consider, that our Blessed Saviour promised his Apostles to be with them always, even unto the End of the World; Matth. Marth. 28.20. which could not be meant of their own Persons only, since they did not continue in the World any longer than other Men: That Those Apostles, confessed on all hands to be divinely inspired, did conceive themselves authorized, not only to ordain Others, but to communicate to them the Power of Ordaining, as appears (to pass over many more Instances) from That of St. Paul to Timothy, Lay hand suddenly on no man: 1 Tim. 5.32. That they actually did both execute, and delegate such a Commission, if they may be allowed to understand their own Meaning: And Lastly, That the same has in Fact, by universal Practice, and continued Succession, been delivered downwards, from the Beginning of Christianity to This Day; Whoever, I say, shall consider all This, and yet deny, or so much as question, the Divine Commission of Us, who at This Day call ourselves the Ministers of Christ, must either be a Hypocrite while he pretends to believe any thing of the Gospel; or one of Those perverse Opiniatres, who dispute about every thing, and therefore are not fit to be disputed with about any thing. But the Truth of the Matter is, Those who deny the Authority of Christ's Ministers are really not true Christians: It appearing from the whole Tenour of the Scriptures, that such an Authority is blended with the very Vitals and Essence of the Religion we profess. The same Sort of Arguments which prove the Truth of Christianity, prove the Truth and Necessity of sacred Orders in general, and even of Episcopacy in particular: They are all Three Points of Fact, not of Reason: And if we can baffle bafflle the Evidence, given by History, and universal Tradition, for the Two Last, we effectually overturn the Foundations of the First. Not but that from Reason, joined with, and arguing from Revelation, we may clearly evince the Necessity of That for which we are contending. The Apostle assures us, that sacred Orders were instituted for the perfecting of the Saints, for the edifying of the Body of Christ. Eph. 4.12. And is not That Edifying, and Perfecting, as necessary in One Age, as in Another? In This of Ours, as in That of the Apostles? Original Sin has made it necessary, that there should be a Mediator between God and Man: This is Jesus Christ, who has substituted inferiour Mediators under him, to transact between God and Man upon Earth, as he himself does in Heaven. We are his Ministers, his Ambassadors, as he is King: His Priests, as he is HighPriest; and his Deputy-Teachers, as he is Prophet. All Kings, High-Priests, Chief Prophets, must necessarily, and in the Nature of Things, have their Substitutes to act under them; especially where They themselves do not personally reside. Original Sin therefore, which is the Source of Actual, has render'd the Office of Priesthood necessary. But the Mischief is, These Men do not believe Original Sin: Tho' upon a Supposal of it the whole Oeconomy of the Redemption by Jesus Christ is entirely founded. They acknowledge, (as I observed) that among the Jews, the Divine Authority of Priesthood was clear; because it was appointed by God himself, personally and miraculously residing in the Midst of them. And yet even among Them, there were not wanting Some, who affirmed, that all the Congregation were holy, every one of them; or, in the later Dialect, That no Man has more Right to execute the Office of a Priest, than Another. Numb. 16.3. But we know what was the Consequence of This: And our modern Rebels would do well to consider, that They may perish in the Gainsaying of Korah, though in a different Manner; that the Sin is still the same, notwithstanding miraculous Punishments are ceased; that a Man may go into the Pit, even into the bottomless Pit, though the Earth does not open her Mouth, and cleave asunder under them. The Objections of the Romanists against the Validity of our Orders in This Church, (however backed and fortify'd by Some among Ourselves, who make a Show of more than ordinary Zeal against Popery) have been abundantly refuted by learned Men; who were willing to answer even the most frivolous Cavils; though at the same time they well knew, that they did them more Honour than they deserved: They being founded upon a Calumny, in point of Fact, so groundless, and childish; that it is hard to say, Whether the Fable of the Nag's-Head, urged by the Papists against the Church of England, or That of the Asses's-Head, urged by the Heathen against the Primitive Christians, be the more senseless and ridiculous Story of the Two. The Benefits conveyed by Means of our Ministry are truly inestimable; if Remission of Sins, Spiritual Grace, and the Kingdom of Heaven, may be so accounted. Not that we pretend to confer them directly, or to have them at our own Disposal, to be granted, or denied, at our Will and Pleasure; or that they cannot possibly be conferred without us: All This is Scandal upon us; among a thousand other Slanders, by which we are daily misrepresented, that we may be render'd odious to the People. But we are, and we do pretend to be, the ordinary, standing Means, or Instruments, through which, by God's Appointment, Those Benefits are conveyed. And This surely shews our Office to be highly beneficial. As for the Dignity of it; To omit innumerable Texts of Scripture, which might be cited to the same Purpose, No man (says the Apostle) taketh this honour unto himself, but he that is ordained of God, as was Aaron. Heb. 5.4. And in another Place, We beseech you, Brethren, to know them which labour among you, and are over you in the Lord, and admonish you; and to esteem them very highly in love, for their work's sake. 1 Thess. 5.12,13. To apply This then to the Consciences of Some in These Times: If They are to be honoured, why are they despised? If they are to be loved, why are they hated? It will be said, perhaps, not upon the Account of their Office, but of their personal Behaviour. This is to be considered, under my fifth general Head. At present I say, that if it were true (as it is most false) it is no answer for Those of whom I am now chiefly speaking: Because They hate, and despise, or rather really hate, and pretend to despise) Priests as Priests. Else how comes That refreshing Word Priestcraft to be thrown out frequently, and with so important an Emphasis, as if it were equivalent to an hundred Arguments? Are they not perpetually abusing and ridiculing our Office it self, and as such? Has not a certain Word in our Language (like the Word Tyrannus, and Others, in the Latin) by the Iniquity and Prophaneness of the Times, changed its Signification; so as from a Title of Dignity, to become a Name of Ignominy and Scorn? Insomuch, that though a Man be not only by his Education, and Abilities, and all fine Accomplishments, both natural, and acquired, but by noble Birth, and even temporal Fortune, far superiour to These Scoffers; yet his being a Parson, for which they ought to honour him more than for any other Character, or than for all the rest put together, so degrades him, and renders him vile in their Eyes; that it takes off from That Respect, which upon other Accounts they would otherwise pay him. Such Magick is there in the Sound of That poor despised Word: The Seal and Stamp of God's Authority, is, it seems, a Thing so contemptible in the Opinion of These Men. But They will deny that we have such Authority: And I say, we have again and again proved that we have; Let them answer our Arguments, I mean, really answer them, i.e. with Reason, instead of Scurrility, and we will be silent upon the Subject. In the mean time, they must give us Leave to think, and say too, that at least, the most Learned, and Knowing among them, would, if they were able, offer the same Insults to God himself, as they do to his Ministers. For thus maliciously to persecute Those whom they know to be so, and because they are so; what is it, but in the worst of Senses, to defy the armies of the living God, to dart their Outrages in the Face of Heaven, and declare a Kind of War against Omnipotence? So true is That of our Blessed Saviour, which in These dangerous Days can scarce be too frequently inculcated, and apply'd to the Successors of the Apostles, of whom it is as true as it was of the Apostles themselves; He that despiseth you, despiseth me; and he that despiseth me, despiseth him that sent me. Luke 10.16 And the same is to be said of hating, as of despising. I pass the Practice of all Ages and Nations, Heathen, as well as Patriarchal, Jewish, and Christian; by which it appears, that to love, and honour These sacred Offices, and the Persons who bear them, is a Principle of natural, as well as of revealed Religion. To what has been said, I only add This Consideration, (hinted at before) That he who is God, as well as Man, is Priest and Prophet, as well as King. This, I confess, is no Argument with Those of our Adversaries, who deny his Divinity, and perhaps his Being: However, even from Them we may make This Observation, That the Chief of Those who are Enemies to These sacred Orders of Men, are at the same time Enemies to the Saviour who redeemed them, and to the God who made them. And so I pass on to my Second Observation from the Text, viz. II. That the State of Marriage is not prohibited to such Orders of Men. If it be forbidden in Scripture; it lies upon our Adversaries to tells us Where it is so: For according to the Laws of Arguing, We are not to prove that it is not forbidden, but They are to prove that it is. Yet in This Case, we can, with great Ease, do more than They can reasonably demand of us. The Example of my Text is clear, and plain: As are those of Samuel, Ezekiel, and Others in the Old Testament, and of St. Peter in the New: Who are all known to have been Married Men. As plain is the Doctrine of St. Paul, concerning the Wives and Children of Bishops and Deacons: As also the Practice of the Primitive Church, and of all Churches, except That of Rome, since it became corrupt by so many shameful Innovations, both in Doctrine, and Practice. Among which, That of imposing Yokes, and laying Snares is none of the least considerable. And the Necessity of Celibacy in the Clergy is a signal Instance of Both. 'Tis an arbitrary, tyrannical, unlawful Imposition; and a Snare to the Consciences of Men. Ecclesiasticks are moulded out of the same common Mass with Laicks; and Human Nature is the same in Those as in These. In the Jewish Church, Priests were not only permitted to marry; but the Priesthood it self was hereditary. And whether among Jews, or Christians, it would be very wonderful, if a State sanctify'd by God, in the State of Man's Innocency, should be improper, and even unlawful for Men, who are sanctify'd by him, and for him: Or that what is the Type of the Union between Christ and his Church, should be prohibited to Those who are the Ministers of the First, for the Edification of the Last. As to the Church of Rome in particular; it is to be admired, that She who pretends to a Supremacy over all other Churches, upon the Foundation of St. Peter, should so strangely overlook his Example in This Instance. And that She who calls Marriage a Sacrament, should think any Sacrament fit to be given by a Priest, which is not fit to be received by him. In the Eucharist, (according to her Doctrine and Practice) Part of it is to be received by the Priest only: So that she denies Half of one Sacrament to the Laity, and another whole one (as she calls it) to the Clergy: Both by her own Authority; and without any manner of Foundation, either in Reason, Scripture, or Antiquity. How far the Celibacy of Ecclesiasticks in That Church may have affected their Morals, I will not pretend to determine. Many Reflections, we know, have been cast upon them: But though I charitably hope, and verily believe, they are not all true; yet This is certain, that it would be better, if in all Churches where there have been Sons, and Daughters, there had likewise been Wives, of the Clergy. Against the Marriage of whom the Civil Society at least, can make no reasonable Objection: Since the Former, by their Children give so many Pledges to the Latter: And by reason of Intermarriages between the Families of Spiritual, and Temporal Persons, the State and the Church may mutually apply to each other That of David to Amasa, Art thou not of my bone, and of my flesh? Whereas the Church of Rome, by injoining Celibacy upon her Clergy, seems to set up an Interest, not only separate from the secular Government, but in Opposition to it. And however the Powers of the Church and of the State may be (as they certainly are) in their original Institution, not only distinct from, but independent of each other; there is no doubt, but that the more their Interests are intermingled, the more likely are Both to prosper and flourish. One great Advantage in the married State of the Clergy, is their fuller Knowledge of the World, and their being experimentally acquainted with the various Turns and Habitudes of human Nature. So that Those of all Relations to whom Many of us minister, may in some measure, and by way of humble remote Analogy, apply to Us that the Apostle observes concerning the High Priest of our Profession; We have not Priests who cannot be touched with the feeling of Infirmities, but are in all Points tempted, like as we are. Heb. 4.15. We cannot go on, and add, yet without Sins: That is not without Falshood to be affirmed, nor almost without Blasphemy to be imagined. God knows in many Things we defend all; Clergy, as well as Laity, and the best of Both. We are not only tempted, but often foil'd by Temptation. Nor does our admitting That Word, as apply'd to Marriage, in the least derogate from the Truth of what I observe under This Head. Nay, I acknowledge, (and shall have Occasion to take Notice of it again before I conclude) that the Inconveniences which attend a marry'd Clergy, are many, and great; and that sundry Temptations are adapted to That very State of Life as such. But This is nothing to the Point: All Conditions in This World are subject to Temptations, and Inconveniences, to Corruption, and Sin: And however what the Apostle intimates concerning Marriage, with relation to all Christians, especially in times of Persecution, may be particularly apply'd to the Clergy in all Times, He that marrys does well, and he that marrys not does better provided he be well assured, that he can avoid the Dangers attending a single Life; I say, however true This may be, the only Questions to our Purpose are These Two; Whether, any Power upon Earth has Authority to make That unlawful in point of Morality, which God left indifferent? And, Whether as the Inconveniences are great on one Side; so, all things considered, they are not greater on the other? As to the Latter, the Allowance of This State to the Clergy appears to be least exceptionable in point of Prudence and Expediency. And as to the Former, to make it directly unlawful to any Order of Men, is certainly the Height of Presumption: And we may with some Variation apply to This Case Those Words of our blessed Saviour, concerning Marriage in general; What God hath at least permitted to be join'd together, let not Man absolutely put asunder. III. My Third Observation was This: That not only spiritual Persons Themselves, but their Families likewise are particularly obliged to the Practice of exemplary Piety and Vertue. That such Persons Themselves are so obliged, is acknowledged on all sides, and too plain to be questioned. And one Duty, among others, which is so incumbent upon them, is That of promoting Piety in their Families, and educating their Children in the nurture and admonition of the Lord: Lest they incur the Guilt of the old High Priest Eli, against whom the severest Judgment was denounced, because his Sons made themselves vile, and he restrained them not. Sam. 3.13. And This more than ordinary Obligation upon the Master of the House induces a more than ordinary one likewise upon Those of his Houshold. The One flows from the Other: Because the better any one is taught, the more he is obliged to learn, and practise. But besides This, their very near Relation to a Person of a sacred Character, is a peculiar Tye upon their Consciences; because by Means of That Relation they are more likely than other Laicks, to give Offence, and to prejudice Religion by their ill Behaviour. St. Paul gives especial Directions concerning the Behaviour of the Wives of Deacons: And they are more strongly applicable to Those of Priests, and Bishops; and by Parity of Reason, to the Children of all Three. Who all ought seriously to ponder in their Minds, and apply to Themselves Those Words of the Apostle: If the Root be holy, so are the Branches: Rom. 11.16. And Those of the Prophet, Look unto the rock whence ye are hewn, and to the hole of the Pit whence ye are digged. Isai. 51.1. The Apostle teaches us, that the Children of all Christians are, as such, holy in one Sense; viz. as they are even in their Infancy capable of being baptiz'd 1 Cor. 7.14.: But the Children of Christ's Ministers are doubly sanctify'd, not only by the common Faith, but by the peculiar Function, of their Fathers. But as the best Things are capable of being abused, and the Corruption of the best is always the worst; it may accidentally happen, that such Children may be unholy upon the very Account of their Extraction: Which is no Wonder; since the same Thing may, and sometimes does, happen to their Fathers, upon the very Account of their Function. What should have been for their Health may be unto them an Occasion of falling: The Spiritual Food, and Physick, given them by their Parents, may be perverted to Poison; and their very Religious Education make them wicked. Thus Christianity it self, which by its natural Efficacy tends to Peace, does (as its Blessed Author foretold it would) sometimes by Accident cause Division. There are Temptations particularly adapted to the Children of the Clergymen. Those of them, for Instance, who are placed in the lower Part of Life, in mechanical, or other mean Occupations, being by their Education more knowing, and more religious than Persons of the same Craft generally are, may be tempted to Pride, and That the worst Sort of it Spiritual Pride; and, as a Consequence of This, to That most unchristian Vice Censoriousness; may be apt to exercise themselves in great Matters which are too high for them; to despise their Equals, and be insolent to their Superiours; to be impatient under Afflictions, and ungrateful to their Benefactors. Against These, and such like, Corruptions they ought to be carefully guarded; earnestly to pray God, that the good Seed sown by their Parents may not be lost upon bad Ground; sincerely to repent of any Misbehaviour they may have been guilty of in any of These Respects; and seriously to consider the Deceitfulness of Sin; which is such, that, without great Care and Caution on our Part, it may turn our very Advantages to our Detriment: So that the Children of Clergymen may for That very Reason, joined with others, be twofold more the Children of Hell. They may likewise be scornful, and fastidious, to mean Trades; because in their Father's Family they were better bred: Not considering, that, to ballance This, they were religiously bred too; taught Meekness, and Humility, Contentment in low Circumstances, and Patience in distressful ones; that the blessed Apostles of their Saviour were Fishers, Tentmakers, and the like; and their Saviour himself the reputed Son of a Carpenter. Another Fault, though not peculiar to Them only, of which Some among them are said to be guilty, (and which, if they are, I am sure they ought to reform) is especially to be mentioned upon the Occasion of our present Meeting; because it relates to their indigent Circumstances. I mean Those of Them (if such there be) who, if there be One among them who is Himself a Clergyman, are unreasonable in their Expectances from him, and make him ungrateful Returns for what they have already received. Because he is a Clergyman, they imagine they have a Right to lay any Loads upon him; whether he be able to bear them or no; and are continually reminding him, that he is bound in Duty to support his Collateral Relations. No doubt he is so, if it be in his Power, and if it be consistent with his superiour Obligations to Others: But of That He is to judge, not They; Though they may have Presumption enough to instruct Him, from whom they ought in Meekness and Humility to receive Instructions. According to Their Doctrine, That of the Scripture is revers'd; and a Man, instead of leaving even his Father, and his Mother, and cleaving to his Wife, must leave his Wife and Children, and cleave to his Brothers and Sisters. Gen. 2.24. I must confess indeed, (if I may take Occasion from hence to make a little Digression) that, in my humble Opinion, the above mentioned Law, if we understand it of any Thing more than local Leaving, which indeed I believe is all that is strictly and literally intended by it, does not take place with regard to a Man's Father and Mother, as compared with his Children; however it may with regard to his Wife: As to the Latter it takes place, in respect of Those Contracts or Agreements which were made before Marriage. That it obliges with Reference to These, must be granted; because no Charity is truly such, which is founded upon Injustice. But as to one's Parents compared with one's Children, my Meaning is This, (and it affects Laity and Clergy in common) If both be equally indigent, (and other Circumstances equal, or very near it) the Former have the first Title or Claim to our Assistance. The dearness of Blood is the same in Both: And though it be commonly said, that natural Affection rather descends, than ascends; yet I doubt This is no good Principle of Human Nature. Among Brutes, indeed it is in Fact so: But the Case here is quite different, for reasons too plain to be insisted upon: And our Rational Faculties were given us to correct the Errours of the Animal Ones. Whether the natural Yearnings, in Men of the best Temper, be stronger to the Parent, or to the Child, is not easy to determine: But This is undoubted, that the Obligation to the First is prior and superiour: And we are not so much obliged to Those whom we educate, as to Those by whom we were educated ourselves. There is in Nature and Reason something more emphatical in our Duty to the Former, than to the Latter: The one is called Piety, the other barely Duty; And Those Words of the wise Man must surely draw Tears from all good Christians, when their Parents are in Poverty and Distress; Hearken unto thy Father that begat thee, and despise not thy Mother when she is old. Prov. 23.22. But to return from This Digression; If the Children of God's Ministers are particularly obliged to be holy in all manner of Conversation; what is to be said of Those among them, who turn Profligates, and Libertines, both in Principles, and Practise, on purpose to disown their Parentage? Why we must say of them, that from being ashamed of one's Glory, it is a short Step to glorying in one's Shame: Which is the last Degree of Wickedness. Some of the most envenomed Arrows that have of late Years been shot against the Church and Religion, have, as it is said, been drawn from the Quivers of Those who are Sons of her Ministers. If it be asked, why may not Both be furiously and openly attacked by Some, who, notwithstanding their Extraction, are mere Laicks, as well as undermined, and in a great measure even openly (though not so furiously) assaulted by Others, who are not only Clergymen's Sons, but Clergymen themselves: I leave the Answer to the Persons concerned; and say no more of the Thing it self at present; but proceed to my Fourth Observation, which was This, viz. IV. That the Afflictions of This Life are accident to the Best of Men, whether Spiritual, or Temporal; and to their Families, as well as to Others. This needs no Proof: Nor should I have laid down This Head, but for the sake of its Connexion with what precedes, and follows it. The Example in my Text is plain: Religion and Experience concur, to verify This Proposition. This World neither is, nor was ever intended to be, a State of Reward and Punishment, but of Trial. Here, as the race is not to the swift, nor the battle to the strong, nor bread to the wise, nor riches to men of understanding, nor favour to men of skill, so neither is Reward to the Righteous, nor Punishment to the Wicked; but Time and Chance happens to them all Eccles. 9.11.. There is indeed in the New Testament something of Promise as to Temporals, though not much: But it is not my Business to discuss This Point at present. I only observe, that Spiritual good Men, and Their Families, are no more exempt from the Calamities of This Life, than Temporal. The Tribe of Levi, however separated from the rest of Mankind in other Respects, is not at all separated from them in This. And yet a certain popular Saying, that the Children of Clergymen (as distinguished from Those of the Laity) are generally unfortunate, is full as easily denied by Some, as affirmed by Others. Nevertheless certain it is, that, taking things in gross, the secular Circumstances of Them, and of their Parents, are in This Part of the World bad enough. Which leads me to my Fifth Observation, viz. V. That the Temporal Condition of Spiritual Persons, and of their Families in This Church and Nation, is, upon the Whole, very hard and unequal. The Hardships under which the Clergy labour, are of Two Kinds; Those which are imputable to the accidental Corruption of the Age in which we now live, and relate not only to their Fortunes, but likewise to their Reputation, their Studies, and the whole Course of their Ministry: And Those which relate to their Fortunes only, by the Necessity of our Constitution it self, ever since a very Material Change was made in it. The Last mentioned only are immediately and directly to be accomodated to the Design of my Text, and of our present Assembly: But the First are by no means forreign to our Purpose; and are too considerable to be passed over in Silence, upon This publick and solemn Occasion. In Those Respects then the Ministers of the Gospel in our Church are ill treated; because the Church, and the Gospel it self, are so: For the Sake of which, we are calumniated to such a Degree, that we are obliged to be continually making Defences(or, as they were anciently called, Apologies) for our selves; like Those of the primitive Fathers to the Heathen Emperors, and Magistrates, in Times of Persecution. For there may be Persecution, or something very like it, from private Persons, as well as from the higher Powers. The Time would fail us; should we go about to give a Detail of Instances exemplifying the Treatment we receive from some Men. I say from some Men: For even in These licentious Times the generality of the People have a great Love and Reverence for the Church and Clergy: And Many of the Gentry and Nobility are not only affectionate, and respectful, (for so I trust, and believe, Most of them are) but liberal, and munificent, to Both. The Lord remember Them, and Theirs, concerning This; and eternally reward their good Will to Sion. But then too many have exceeding evil Will at Sion: And without Restraint or Controul express it in the most publick and insolent Manner; representing the Ministers of Christ in This Church, as the worst and vilest of Mankind; even worse, (if possible) than they Themselves really are: Making it their whole Employment and Study to blacken and traduce them, by charging them with what is false, and monstrously aggravating what is true; laying the Faults of the Worst among them upon the Best; of Some upon All, and of the Persons upon the Function itself. Nay, so far does their Malice blind them; that their Slanders are inconsistent in their Nature; and by abusing Us, they contradict one another, and very often Themselves. Thus for Instance, the main Body of the Clergy are represented as sordidly covetous, and profusely luxurious; sneakingly meanspirited, and insolently proud; crafty as Serpents, more silly than Doves; formidable for their Wealth and Power, contemptible for their Poverty and Weakness. In short, Priests, wicked Priests, is the Outcry of the whole Party: Insomuch, that were a Stranger in our Israel to receive no Information concerning us, but what he has from the Conversation, and Writings of such as These; He must send his Thoughts to Sodom and Gomorrah for a Parallel with the Generality of the English Clergy. Let Heaven and Earth, God and Man, even the Consciences of These Accusers Themselves be Witnesses, whether the Character They give be really true; nay, whether the very Reserve of it be not true: And if so, whether there were ever any Age or Nation, in which so many Thousands of innocent, pious, and holy Men, whose constant Business and Labour is to save Souls, even the Souls of their most bitter Enemies, for whom they continually offer up their Prayers to the Throne of Grace, who by their Office are Servants of the most High God, Most of them with Meekness and Patience struggling under extreme hard Circumstances, All of them as to temporal Regards weak and defenceless, were ever with such unchristian Prophaneness, with such unmanly Bareness and Cowardise, with such inhuman Cruelty, with such Diabolical Malice, outraged and insulted? All of them have their Infirmities, and even their many and grievous Sins: The Best of them are but Men; and Some of them, no doubt, very wicked Men: For the Last, let Them look to it, and be assured that they will most severely answer for it. But what is That to the Purpose? Is our Case an Exception, in which it is good Logick to argue from Particulars to Universals? The Apostles themselves were not only Men, but sinful Ones: All of them were so; and One of them was the worst Man that ever lived. And we may, I am sure, with great Modesty affirm, that not One in Twelve among our Clergy is near so wicked as Judas Iscariot. Yet I never heard, that His being a Traytor was any Slur upon the other eleven Apostles. I will only observe further, That what our Adversaries object concerning the ill Lives of Some, and the Infirmities of All, who minister in holy Things, is a most prophane Reflection upon the Wisdom of God himself; in making mere Men his more immediate Servants, and committing so rich a Treasure to Earthen Vessels. As there are but Three great Concerns in which Mankind can be affected, their Estates, their Bodies, and their Souls; to answer These, there are so many Professions, or Faculties appointed, Lawyers, Physicians, and Divines: Only with This Difference, the two First are from Men, the Last from God. And do the two First meet with the same ill Usage as the Last? They do not; and God forbid they should: But what should be the Reason of This? Why because Men value their Estates, and their Bodies, more than they do their Souls; because the World is wicked, irreligious, Atheistical: And the Wit of Man cannot assign any other adequate Reason. For without detracting from the real Honour and Benefit of Those noble and useful Faculties, it is certain that the Other is the greatest of the Three; if Heaven be superiour to Earth, and Time less considerable than Eternity. And without reflecting upon any other Profession, or Body of Men, much less upon the Laity in general; we may justly add, that as the Clergy in an especial manner profess Religion, so they in an especial manner practise it: And I appeal to the Experience of the whole Kingdom, for the Truth of This Assertion. The Contempt of the Clergy therefore proceeds from the Contempt of Religion: And That again proceeds not so much from the Vices of the Clergy, as from the Vices of Those who despise and hate them. I say, not so much: For we are very ready to acknowledge, that if Any among Us are notoriously vicious, They greatly contribute towards it: For which (as I said before) They must severely answer. And we leave This Subject at present, with That Observation of our Blessed Saviour: It must needs be that offences come; but woe to that man by whom the offence cometh. Mat. 18.7. And as the Ministers of Christ in This Church are neither to be hated, nor despised, upon the Account of their Behaviour; so I hope we may with Modesty presume to say, that they are not very contemptible in other Respects. It is a publick Truth, and acknowledged by every body in all Nations of the World, except Some in our own, that the Clergy of England, and her two famous Universities (in which the Sons of the Prophets are bred) have made their Country the Glory of all Lands. If, in These degenerate Times, they in some degree partake of the common Contagion, and are more and more corrupted; our Adversaries may be silent upon That Article: because that they are so, is chiefly, if not solely, to be imputed to Them, and their Principles. To declaim against the Wickedness of the Age, is, I am sensible, the easiest, the dullest, and the most unpleasant Subject in Nature: And did we preach only to please Men, and to serve, or recommend our selves; it would certainly be the Last we should make choice of. But alas! That is a wretched Principle for a Minister of Jesus Christ, in the Execution of his Office. As we act upon other Views, we are constrained to observe, upon This Article concerning the Hardships of the Clergy proceeding from Those of Religion, that Heresy, Infidelity, and Atheism it self were never propagated as they are Now; and that they are advanced to such a Pitch of bare-faced Impudence, as would be endured by no Nation under the Sun professing Christianity, except our own. The Limits of our Time allotted for This Service permit me not so much as to mention the several Particulars. And I have more-over This unhappy Excuse, that the Notoriety of the Facts renders it superfluous. One Thing it is much if we do not observe, in Consequence of These Abominations, that amidst our Controversies with one another (let Those see to it, who made them necessary) God's Controversy with the Nation in general, which has been a very long one, seems now to be drawing towards a Conclusion. And, without pretending in the predictive Sense, to be either Prophets, or Sons of Prophets, we may say, that in all Appearance he has something very extraordinary ready to be discharged upon us; and that without a speedy, and wonderful Reformation, (of which there seems to be little Hope) it is morally impossible that he should forbear us much longer. And here again (as in point of Practise, of which we have spoken before) it were to be wished, that the whole Tribe of Levi were entirely free from Infection. But as Some of them (though, God be prais'd, but very Few) have published their Names to the whole World, assuring us of the contrary; we must be forced to acknowledge what, if it were possible, we should industriously conceal. Since it is not possible; the only Way to do our Duty to God, and Justice to Ourselves, is as publickly and openly to protest against Those of our own Profession; who would do well to consider, how much it tends to their Reputation, to have their Praises celebrated by the Tongues and Pens of Infidels and Atheists. As to the Honour of our Function in general; the foolish Arguing from Particulars to Universals, and from Persons to Things, has been already taken notice of. Were we only attacked from Without, not betrayed from Within; the united Powers of Earth and Hell could not hurt our Cause. Its professed Enemies would scarce be formidable; were it not for Traditors among our selves. So True is That Observation, Nothing can ruin the Church, but the Church: Meaning by the Latter, Those of her Ministers, who either openly oppose, or secretly undermine, both her temporal and spiritual Interests. Setting aside That, we might securely bid Defiance to the Powers of Darkness, to the Enemies of God and his Church; stand firm in one compacted Body, impenetrable to their Assaults; and be terrible against them as an Army with Banners. But, by the just Judgment of God, for our manifold Provocations, it happens to be otherwise; And we have, besides, This, Misfortune, that by reason of the Corruption, Vices, and Follies of the World, one bad Member among Us can do more Mischief, than many sound ones can do Good. The Doctrine of the most holy, and ever blessed Trinity, has been impugn'd by Some, who might have made a better Use of their Talents, than by denying the Deity of Him who gave them. Others have argued against the Authority of the Church, the very Being of their own Order, and all the Fences of Religion, whether Ecclesiasticall, or Civil: Advancing such prodigious Paradoxes upon These Subjects; that we are at a loss to determine, whether their Impiety be more detestable, or their Absurdity more ridiculous; and so whether they ought to be answered by Argument, or neglected with Contempt: Thus leaving us in a Strait between Wickedness and Nonsense; the only Dilemma of any Moment they are able to put upon us. The most considerable of them have been over and over confuted, to a Demonstration: Confuted I say; for I despair of their ever being silenced: For the rest, I hope Nobody will be found so very idle, as to honour them with any confutation at all. I will only observe This of them in common, from the smallest to the greatest, that as they are not really of us, it would be kind in them to go out from among us; And, by the way, were Church-Discipline in full Force, I am sure they had long since been driven out from among us. If they must fight for our Enemies, let it be under Their Colours, not Ours: They would be more to Us, and (especially upon their boasted Principle of Sincerity) more consistent with Themselves, if they would no longer bear an Office which according to their Doctrine, is unlawful; nor wear the Habit of an Order which they do their utmost to destroy. It would be just too, if These, and all other our Adversaries, whether Within, or Without, would not still charge Us with breaking the Peace; when They are the Aggressors, and We are upon the Defensive; when They are for introducing something New, and We are yet in Possession of the Old; when They are a Few single Persons obtruding their own private Notions upon the Publick, and We are the main Body defending the Constitution of the Church, and the common Principles of Christianity. For the same Reasons it ill becomes Them, to upbraid Us with intemperate Heat, and Violence, Rudeness, Insolence, and Scurrility in our Disputes with them: Especially since They treat the whole Church with the last Degree of Haughtiness and Scorn. Besides the Arrogance, and contemptuous Behaviour, even of the most moderate among them, towards Some in particular of the most shining Lights in our Church; One, especially, of her chief Ministers, who, of all Men living, cannot be charged with excessive Passion; and whose great Learning and Piety, will ever be respected by All, but Those who have nothing, or not much, of Either. We would farther intreat them to ask their own Consciences, whether they are sure they strictly adhere to Truth; while they go on in the old way of taxing Us with being Popishly affected: Whether they do not believe that We are at least as averse from the Corruptions of Rome, as Themselves: Whether our Principles do not tend to keep out Popery, and Theirs to bring it in: Whether in Fact many more, than is usual in the same Space of Time, have not been perverted to it, since the late Propagation of Their Doctrines; and whether there be not a very good Reason to be given for it: Whether Those of our Church whom They condemn have not always been the greatest and most formidable Champions against Popery: And lastly, whether there be no Medium between a Papal Infallibility, and That Ecclesiastical Authority for which We contend. I am indeed not neither asham'd nor afraid to say, that, in some things, Papists (corrupt as they are, and Nothing can well be more corrupt) have been falsely accused by Protestants: and that in some, on the other hand, Protestants have been justly accused by Papists; particularly in the Instance of too much relaxing Ecclesiastical Discipline, and Want of Respect to Priests and Priesthood. Against which, and others, which might be named, we have nothing to alledge with Reason or Truth, but to wish we could give a better Answer, than That old, trite, and yet very emphatical, Saying, continually cited in such Cases; I am well aware that Reflections of This Kind are apt to be censured not only by All our Enemies, but by Some of our Friends; and Some of These too even among the Clergy themselves: to be censured at least as rash, and improper; and tending, at best, to do more harm, than good. I have already in a great measure obviated This Objection; but would farther beg them seriously to consider, that as there is a rash, and a false Zeal, so there is a prudent and a true one; that all Prudence does not consist in Silence, and Inactivity, no nor in Caution it self; that we are to preach the World of God in the Plainness and Simplicity of the Gospel, to open our Mouths boldly, to rebuke sharply, and with all Authority (which, by the way, our Adversaries profanely call Railing:) that there is a Difference between Security and Virulency; that Truth is Then to be most vigorously defended, when it most vigorously attacked; that we are to magnify our Office; and not to be ashamed of the Gospel of Christ; In a word, to put Men in mind of their Duty, whether they will hear, or whether they will forbear; and whatever be the Consequences, either to Them, or to Ourselves. However, upon This chearful, this feasting, this charitable Occasion, when we meet to promote mutual Love and good Works, Every thing, it will be said, that is harsh and grating should be wholly forborn. Would to God it were never our Duty to say things harsh and grating: No Man, I am sure, less delights in it than I do. As it is, I have already observed, that the original Occasion of this Meeting is, at best, of a mix'd nature, partly joyous, and partly grievous: Every thing therefore which is unpleasant may not, for That Reason, be improper upon This Subject. And if by the Corruption of the World fresh Matter of That Kind daily arises, we are very sorry for it; but must do our Endeavour to hinder the Corruption from spreading. What would become of the Charity to the Widows and Children of Clergymen, and even of Clergymen Themselves, if the Principles I have been warning against should finally prevail? And how naturally Those Principles come to be considered under This Head, concerning the Hardships of the Clergy arising from Those of Religion, I have already taken notice. Nor does softning, or smoothing them, tend to mutual Love and good Works; but the direct contrary; as it were easy to evince, would the Time permit. For my own Particular, I can with Truth affirm, that if I have taken wrong measures, (and if I have, I beg Pardon of God, and Man) it proceeded not from Rashness, and want of Consideration, but from Errour in Judgment, and want of Understanding; having, with all Coolness, seriously weighed and pondered These things; That there is not That Person upon Earth for whom I have the least ill Will; That what I have offered upon This Subject issued from a sincere Zeal for the Glory of God, and the Salvation of Souls, even the Souls of our worst Enemies; and, that in order to Those Ends, I take This to be the most Christian, and the most prudent, Method of proceeding. But the Hardships of the Clergy, more immediately to be accommodated to my Text, and considered upon This Occasion, are Those which relate to their Fortunes only, by the Necessity of our Constitution it self, as it now stands, and has stood, for almost two Centuries of Years. Whatever Figure the Dignities of the Church, and some few inferiour Preferments may make, it is plain, that upon the Whole, no established Clergy in Christendom are so ill provided for in Temporals as Those of England: So unconscionably excessive was the Pillage just before the Reformation. I say before it; for it was neither at, nor since, the Reformation. And therefore the Papists have little Reason to upbraid Us, as they continually do, with Those infamous Plunderings of the Church: Because He who made That deplorable Ravage was, in the main, not only of Their Religion, but a fiery, and in the worst of Senses, a burning Zealot for it. And though, for Reasons purely personal, he flung off the Popes's Supremacy, and discarded a few other Corruptions; yet he intended nothing less, than That blessed Alteration of Religion, which immediately followed upon it: not by any Design of His, but by the wise Providence of God, drawing Good out of Evil, and turning not only the Fierceness, but the Lust, and Ambition, of Men to his own Praise. Nor is it any thing strange, that he who did not abhor Idols, should at the same time commit Sacrilege. If Abbies and Monasteries were to be demolished, and their Lands to be converted to other Uses; yet surely the Tithes, which even They had unjustly impropriated, should have been reserved to the Church, in consideration that the Parish-Clergy, whose Tithes were so impropriated, were before maintain'd by Those Societies. But to strip Parochial Livings and starve the Cure of Souls, was such an Instance of Depredation, as no History can parallel, and no Corruptions, or over-grown Wealth, and Power, of the Church, could justify. I speak only of the original Alienation of Those Revenues: As to the Detention of them Now, since they have been so long intermingled with temporal Estates; I pretend to determine Nothing about it, but leave That Matter to the Consciences of the Persons concerned. This therefore is the real Cause why not only so many Widows and Orphans of Clergymen, but so many Clergymen Themselves are become Objects of Charity. They never had a tolerable Provision; and could not live of the Gospel; though (if we will believe St. Paul) it is most just and equitable that they should. Nor can they, to make up This Defect, apply themselves to secular Trades and Professions; because it is contrary to the Nature of their holy Function, and to the Canons of the Church concerning it. This, I say, is the true Cause of the Poverty we are considering: Not that the Children of Clergymen are distinguished by being unfortunate upon other Accounts; as it is falsely and uncharitably suggested. And that the Income of their Fathers departs with their Lives, is common to Them with Multitudes of the Laity, even with the generality of them; and therefore idly urged (as it is by Many) against the Expediency of marrying with Clergymen. Were That all the Inconvenience; They would fare much better, than they do at present. But the Mischief of all is That which I mentioned; not so much that their Revenues are lost, when they die; as that they are so little, while they live. Upon This Account, I confess, there is much Inconvenience in the Marriage of the Clergy: But so there is in every thing. And the Question is, (as I said) whether there be not more, and greater Inconveniences on the other side? And in This Case too, as well as in That just mentioned, the same may be said of the greatest part of the Laity; and so is not peculiar to the Clergy. Thus miserably scanty is the Temporal Provision for Spiritual Persons in our Church: Insomuch, that were their Revenues to be equally divided, Each of them, one with another, would have no more, than is commonly the annual Acquest of a very ordinary mechanical Tradesman; Half of them have actually no more; and Hundreds of them not a quarter so much. So that This our Corporation for the Relief of their poor Widows and Children is at once the Glory of That great Prince King Charles II. of blessed Memory, who first erected it, of His present Majesty, who enlarged it, and of Those many pious Christians who have, and still do, contribute to support it: And a Reproach to our Country in general, the Families of whose Clergy are by the abovementioned Corruptions reduced to such a Condition, as to stand in need of it. How many worthy Men, both in Town, and Country, especially the Latter, of great Parts, and Learning, are bury'd in Obscurity, and broken by Penury and Want, so that they have not an Opportunity of shewing That Merit, which would otherwise shine in the World! But Haud facile emergunt, quorum virtutibus obstat Res angusta domi. And though, as I observed under the former Part of This Head, the Wickedness of some Laicks be the chief, nay the only full and adequate, Cause of the Contempt thrown upon Ecclesiasticks; yet certain it is, that the Poverty of the Last greatly contributes towards it: Which however it would not, could not do; were it not in Conjunction with the Vices and Irreligion of the First. So that the Clergy may apply to Themselves another melancholy Observation of the Heathen Author, just now cited: The Ignorance of some of the Clergy needed not have been assigned by a certain very ingenious, though not very serious, Author, as a Cause of their Contempt, separate from their Poverty; the Latter being the chief Cause of the Former. For how can it be expected, that there should be very learned Incumbents upon Livings of Twenty, or Ten Pounds per Annum? Many have a Saying among others equally wise, and religious, with reference to Us; That so much is enough for a Clergyman; always, you may be sure, naming little enough. But supposing it were twenty times as much; Why for a Clergyman, any more than for any body else? Are They of a different Make, or Mould, from Others? Or if They are; Their Wives and Children are not. Why should not such a one be not only well provided for, but very rich, as well as a Tradesman, or a Lay-Gentleman? He would probably, at least, make as good a Use of his Wealth, as either of Them: And is there any Absurdity in the Thing it self? Why No: But the Saying is ill-natured, cruel, prophane, and very wicked, as well as senseless, and foolish; And in That all the Luxury of it consists. Another Maxim they have among them, nearly akin to the Former, viz. That a Clergyman will be sure to lose nothing that's to be got. Do they then really think, that We are peculiarly distinguished by This Character? Are We certainly more rapacious in getting, and more tenacious in keeping, than any other Set of Men; than Traders of all Kinds, and Persons possessed of Temporal Estates? Do they in their Consciences believe This? Do they not know the Contrary? The Poverty of the Church has been already considered: And were This true, That might, in some measure at least, plead our Excuse. Besides, We are obliged, not only in Interest, but in Conscience, to preserve the little Revenues of the Church from being still less; that our Successors may not be injured by our Negligence. But after all, The Fact again is notoriously false: Insomuch, that I fear Most of Us are wanting to our Duty in the other Extreme. It is well known, that being, by the Genius of our Profession, addicted to abstract Thinking, Retirement, and Contemplation, we are both less careful, and less skilful, in secular Affairs, than other Men. Reason tells us, that in Nature it should be so; and Experience tells us, that in Fact it is so. But These are a couple of popular Sayings, proceeding from the Follies and Vices of Those who use them; and doing much Mischief to Christianity; utter'd either with no Meaning, or with a very ill one; very often too utter'd in the Company of Clergymen; and so as inconsistent with good Manners, as they are with Religion. Since I am upon the Subject of These choice Maxims concerning the Clergy, I will mention one more; which is, That they come by what they have very easily. An Assertion again so notoriously false, that it would be Folly to go about to disprove it. Surely These, and such like, foolish Aphorisms would be laid aside; did Those who use them speak their real Thoughts, after having considered; What an Expence is required for the Education of Persons dedicated to the Work of the Ministry, generally their whole Fortunes, and very often much more; so that for the most part they expend as much as would doubly purchase what they have, and yet labour for all their Lives long, with extreme Fatigue both of Body and Mind: That the Death of Many is occasioned by Those Labours, and for That very Reason their Children are much the sooner Fatherless, and their Wives Widows: That tho' they have an Advantage over Others, of an equal Fortune, by their ingenuous Education, and Acquaintance and Interest in the World, by which they are somewhat more likely to procure a Provision for their Children; yet That is at least ballanced by their coming late into their Preferments, or dying soon after it, even when they come into them earlier: That their Hospitality, and Charity, by Both which, in proportion to their Circumstances, they are generally distinguish'd from Others, greatly tend to impoverish them, and to make Them, and their Families, Objects of Charity Themselves; the Minister of the Parish, especially in Country Villages, being of course resorted to, upon all Occasions of That Nature: That their Dues lying intermingled with the Possessions of Others, Those Others are hardly persuaded to think they are not their Own; from whence it comes to pass, that they are with great Charge and Difficulty collected, and a great part of them as easily, as they are frequently, fraudulently, and sacrilegiously, kept back, and withheld from them: That their Kindness very often meets with most ungrateful Returns from ignorant, and wicked People, who owe their Subsistence, and perhaps Their Lives to them; (for, without venturing too far, or being Empiricks in the noble Art of Medicine, Clergymen may by their Learning be in some degree qualify'd to be Physicians of Bodies, as well of Souls, and generally do give Physick to the Sick, as well as Food to the Hungry: That it is not uncommon for a Person of considerable Birth, and of extraordinary Merit in all respects, to be trampled upon, and abused, together with his Wife and Children, by illiterate, unmannered, purse-proud Peasants, purely because he is poor, and a Clergyman: In a word, That very many Parochial Cures in This Nation are so miserably unendowed, that, with regard to Them, it would be scarce Sense for a Man to make even That wretched Request which it was prophesyed should be made by the Posterity of Eli, as a Punishment for the Sins of their Ancestors; Put me, I pray thee, into one of Those Priests Offices; that I may eat a piece of bread. 1 Sam. 2.36. This is the hard Measure of the Clergy in their Fortunes: And, as if This were not bad enough, they must likewise be slandered, and vilify'd in their Reputation. A fair Requital for the Expence necessarily previous to the Work of the Ministry, and for all their Care, and Kindness, their Labours and Watchings, in the actual Exercise of it. According to the Account given by some Men; the Clergy of England are as rich, crafty, powerful, and tyrannical as Those of the Popish Countrys. Whereas in Truth our Church pretends to no Power in Temporals; and has for some time had little more than the Name of it even in Spirituals: Her Clergy, generally speaking, being artless, and undesigning, to a Fault, and not enough skilled in secular Affairs. Much indeed has been done for their Relief by pious Benefactors, (may the God of Heaven return their Kindness an hundred fold into the bosoms of Them and Theirs:) Especially by our late most excellent, and truly religious, Queen; whose Piety shall be had in everlasting remembrance; and our Childrens Children shall call her blessed. But so great is the Evil; that there is still too much Room for farther Remedy. Which brings us to the Sixth and Last Observation from my Text; viz. That the Temporal Circumstances of Spiritual Persons in This Nation being (as we have seen) very hard and unequal; VI. Good and pious Christians, whether Laity or Clergy, will, according to their Abilities, contribute to relieve and support them. We cannot, as Elisha did, relieve Widows and Orphans by Miracle; but we may by Charity: Charity, which is greater than the Fides miraculorum it self, more excellent than the Faith, that removes Mountains. Elisha indeed was more than ordinarily obliged to be concerned for the Persons and Families of Prophets; because He himself was not only One, but the Chief of them. Yet All truly pious Persons in the Jewish Church ever had, and all such in the Christian Church have, and ever will have, a very great Regard to Both. Be helpful and assisting therefore, liberal and bountiful, to the indigent Prophets, while they live; and to their Relicts, and Orphans, after they are dead: And that not only while they are Partakers of This our Corporation-Charity; but before they come, and that they may never come to stand in need of it. Whenever, and which way soever it be; great is the peculiar and distinguishing Excellence of This Charity. If he that hath pity upon the poor, in general, lendeth unto the Lord; how much more does He, that supplys the Wants of his Ministers who wait at his Altar, and of Those who are most nearly related to them? How much more emphatically will the great Highpriest of our profession declare, that (as he condescends to insinuate) he is even personally obliged to Those who whe have Thus abounded in good Works; Verily I say unto You, Inasmuch as ye did it unto the least of one of These my Brethren, my Brethren in the Priesthood, ye did it unto me. Let the inestimable Benefits they confer excite you to be beneficent to Them; and give the Bread which perisheth to the Persons, and Families, of Those by whose hands the Bread of Life hath been so often administered. It is undoubtedly Their indispensable Duty, to endeavour, by all lawful, and honest Means, that their Wives and Children may never be Pensioners to This Society. But if, by the afflicting Providence of God, they become Candidates for it, and are unhappily qualify'd to be duly elected; They are Widows, and Orphans, indeed; and of all such the most proper Objects of Charity. The Father of the Family is dead, probably by the very pains he took in labouring to save Souls: His Relict, and Children, besides the Loss of so dear a Relation, have the additional Calamity of extreme Poverty, occasioned by That very Loss, which is, even in it self, so grievous, and afflictive; are driven from their long-accustomed Home, which, however mean, is naturally loved, and with regret forsaken; and peradventure are uncertain where to lay their Heads, within a few days after He is buried. So that to Such all good Christians should have a more particular View, when they put up That Petition in our excellent Litany; "That it may please thee to defend, and provide for, the fatherless Children, and Widows, and all that are desolate and oppressed:" And that yet more especially in These corrupt Times into which We are fallen; when, by the Growth of Profaneness and Irreligion, and Principles destructive of sacred Orders, the Clergy labour under so many other Pressures above-mentioned; and the Church her self is almost become as a Widow. But I am insensibly sliding back to the foregoing general Head; and must return to the Subject of This. We make no invidious Comparisons between the Contributions which have been made by Ecclesiasticks, and Laicks, to This Fund of Charity: Of what Profession soever they be, may they all find their Reward in Heaven. It is, however, no very cogent Argument (though by Some strongly urged) that We should contribute most; because our Wives, and Children, may come to partake of it: There is, I confess, something in This; though it is, at best, but an uncomfortable Consideration. But We contribute towards it; trusting in God, that, for That very Reason, our Wives, and Children, will be the less likely to partake of it. Be that as it will; certain it is, that, in proportion to our Abilities, the highest Obligation lies upon Us, who are both Sons of Clergymen, and Clergymen ourselves: The Next upon Such as are of That Order, though not in That Relation: The Third upon Such as are in That Relation, though not of That Order: And the Last upon Those to whom Neither of the aforesaid Characters belongs. And yet it may so happen, that the Last mentioned, may, in consideration of their more plentiful Fortunes, be obliged most of all: And so in proportion of the two intermediate Divisions. And to excite Those to This Charity, who are Laicks, and have no Relation to any Ecclesiastick; it may not be improper for Them to consider, that, since the Reformation, the greatest Mischiefs have ever been brought upon the State, and People, by Those who have been the greatest Enemies to the Church, and Clergy; And so on the Reverse: That the Children of Clergymen are incorporated into all Trades, and Professions; and as many Sons of the Clergy are Laymen, so many Sons of the Laity are Clergymen: That, however, in This we All agree, that we are All Christians, and Sons of the Church, though not of the Clergy. Let them, I say, consider These things; ever remembring That of our Blessed Saviour; He that receiveth a Prophet in the name of a Prophet, shall receive a Prophet's reward: And whosoever shall give to drink unto one of these little ones a cup of cold water only, (and much more, if he gives something considerable) in the name of a disciple, shall in no wise lose his reward. Matth. 10.41.42 Nor ought the present distressed State of Affairs to deter us from This good Work; but rather to have the contrary Effect: That so we may avert God's further Judgments, which Now hang black and threatning over us. And indeed the best Prospect we have is opened to us by publick Charities: By which This Age, however corrupt in other Respects, is, to its immortal Honour, eminently distinguished. But whatever be our Lot in This World; let us do our Duty, trust in God, and be chearful, and of good Courage, particularly do our Duty in the Instance I have been now recommending: By which means we shall have the easier Admittance into everlasting Habitations; even those Habitations, where the Distinction between Clergy and Laity will be abolished; Where there will be no more Widows nor Orphans; No more Sorrow, nor Crying, nor Pain; No more Marrying, or being given in Marriage; No more Controversy in Religion, nor Corruption of any Sort; Where not only Prophesy of all Kinds, as well as Faith, and Hope, but even This Kind of Charity itself shall forever cease; and the Church of Christ be completely Triumphant.

Religion

The dignity, and benefit, of the priesthood; the lawfulnesse of marriage in the clergy [...]

RelA1730

2 Tim. ii.16. But shun profane and vain bablings; for they will increase unto more ungodliness. THE Erecting of a Play-House in the Neighbourhood obliges me to warn this Congregation of the great Evil and Danger in Frequenting them: So that though there are many Vices in Conversation, which this Text adviseth us to avoid, I shall at present only apply the same to the publick Actings of the Stage in Comedies and Tragedies, and other Diversions of the same Nature, and endeavour to shew, That we ought to shun those profane and vain bablings, since a long Experience doth fully convince us, that they do increase unto more ungodliness. In order to this it may be thought requisite, that I should prove these Diversions to be profane and vain bablings. But since this is as evident, as that the Sun shines at Noon-Day, since none in this Age deny it, except Persons of lewd Morals, and a reprobate Sense, I think, the Matter too notorious to be at this Time insisted on, and only desire such, who doubt the Truth hereof, that they would seriously peruse the View of the Immorality and Profaneness of the English Stage, with the Sense of Antiquity on this Argument. By Jeremiah Collier. And also a smaller Treatise, entituled, A Representation of the Impiety and Immorality of the English Stage, with Reasons for Putting a Stop thereto, and some Questions address'd to those, who frequent the PlayHouses, or some others of those many Treatises which have been since published on the same Subjects; in the Perusal of which they may be fully satisfied, That the Misbehaviour of the Stage, in Respect to Morality and Religion, is intolerable, and it doth far exceed the Examples of the former, and even of the Heathen Ages and Poets, and the Liberties, which they take, are often offensive to the Profession of Christianity, which plainly appears from their lewd and filthy Communication, their Swearing, Cursing, Blasphemy, Profaneness, and lewd Application of Scripture; their Abuse of the Clergy, to make the Religion, which they profess, vile and contemptible; and also their Giving great Characters to Libertines, or Persons who scruple no Vice or Immorality, and Bringing them off with Honour and Success: How a fine Collier's View of the Stage, Page 143. Gentleman is a whoring, swearing, cursing, smutty, atheistical Man. These Qualifications serve to compleat the Idea of Honour, and are the top Improvements of Fortune, and the distinguishing Glories of Birth and Breeding; and when all this is added to bold and daring Attempts after rich Fortunes, they are rewarded according to their Wishes, and instruct the Audience how to carry on the same Intreagues to the Ruin of other Families. In short, their Actions are chiefly designed to gratify such Persons, as are of vicious and debauched Principles, who fear not GOD, and regard not man; since it is generally from such, that they have their Wealth. Hence it is, that their Poets seldom scruple to speak Blasphemy, rather than lose a Fancy, and to affront their GOD, whilst they adore their Mistress. Hence it is, that they look upon the Regulating the Play-Houses, and Keeping them within the Bounds of Modesty and Religion, to be the greatest Persecution, and which would in the End prove the Suppressing of them. For as they have given a just Scandal to good Men; so if they had not such Acts and Expressions, which will please the bad, they must fall at once, and Necessity will compel them to take other Employments. I shall not therefore spend any Time in Proving these Things to be profane and vain bablings, but endeavour to shew you the Reasons which should induce us to avoid them, and especially that which is mentioned in the Text; because, if they are encouraged, they will increase unto more ungodliness. To this End let us first consider the Precepts and Examples of the Primitive Christians. It is Collier's View of the Stage, from Page 250 to Page 276. very remarkable, that the ancient Fathers have spoken most fully, against the Plays, which were used both in Rome and Greece; and, if we did quote all, which hath been said by them upon this Subject, we must transcribe a great Part of their Works, since they have written particular Books, as well as Homilies or Sermons, upon this Occasion. Lactantius Lactantius, lib. 6. cap. 20. wondered at the Practice of the Heathen Philosophers, who were present at the Actings of such publick Interludes, and saith, That because they are the publick Allurements of Vices, and do so effectually prevail to the Corrupting of Men's Minds, they ought to be suppressed; especially because they are not only unprofitable in Bringing us to Heaven, but are also very pernicious in Sending us to Hell. And in Lactantius, lib. 6. cap. 21. another Place he asks this Question, Who would not look upon that Man to be very wanton and wicked, who did suffer such Acts in his own House? And then he adds, That there is no Difference, whether we are guilty of Lasciviousness alone at Home, or encourage it by Frequenting the same publickly in the Theater. St. Cyprian Cyprianus in Epistolâ ad Donatum. saith, That Adultery is learned, whilst these things are seen; and the chast Matron, who goes to behold such Sights, returns Home with a corrupt and debauched Mind. Here (saith he) Wickedness is beheld most willingly and with Delight. What then cannot such Actions persuade others to do? And therefore he adviseth us to consider, Whether a Person can be either innocent or modest, who is present at such Things? And as the Dr. Cave's Primitive Christianity, Book 2. Chap. 2. Page 32. Primitive Christians did constantly urge the Necessity of Abstaining from these Plays; so such, as owned themselves Christians, did as conscientously follow their Advice. They went not to the publick Games, nor frequented the Shows, which were made for the Diversion and Entertainment of the People; and this was so publickly known that the Heathens charged it upon them as a Crime. Cæcilius in Minutius Fælix Pag. 34, Oxford Edition. complains thus, That the Romans governed and enjoyed the World, whilst the Christians in the mean time were careful and mopish. They abstained from such Pleasures, they visited not the Shows, nor were present at the Pomps. They frequented not the publick Feasts, but abhorred all such Diversions. This Octavius, the Christian, granted to be true, when he pleaded their Defence, and said in Answer to this Charge, That Page 106. since they were endued with Modesty and Sobriety, they had just Cause to abstain from those evil Pleasures, their Pomps and Shows, and to condemn them as hurtful Allurements. And he gives this Reason, because in those Acts and scenical Representations their filthy Communication is as great as their Madness, whilst the Actors speaking of Adulteries incite them, and the Stage-Players by Describing of Lust do inflame their Hearers. In short, Dr. Cave's Primitive Christianity, Part 2. Chap. 2. Page 32. they thought, they could not be present at these Plays without great Sin and Shame, without Affronting their Modesty, and Offering a Distaste and Horrour to their Minds. They look'd upon the publick Sports and Pastimes of those Days, as the Scenes not only of Folly and Lewdness, but of great Impiety and Idolatry, as Places where the Devil eminently ruled, and reckoned those to be his Votaries, who went thither. And as they thought it a great Crime to be present at such Sports; so they looked upon it as contrary to their Baptismal Vow. At the Time when Persons were baptized, they were Constitutiones Apostolicæ, lib. 7. cap. 42. pag. 993. among others asked these two Questions, Dost thou renounce the Devil, and all his Works, Powers, and Services? And dost thou renounce the World, and all its Pomps and Pleasures? And to each of these Questions the Party answered, saying, I do renounce them. And each of these Questions they supposed to be directly levelled against the Theaters. St. Cyril Cyrillus Hierosolym. Catech. Myst. Vol. 1. Page 510. expounding the Word Pomps (the Word which we still use in our Baptism, in a Question of the same Nature) expresly tells us, that thereby is meant The Sights and Sports of the publick Stage. Those Dr. Bray on the Church-Catechism, Sect. 19. pompous Spectacles, Plays, and scenical Representations exhibited in the Roman and Grecian Theaters, which, because they were so lewd, cruel, and impious, it was an early Custom for the primitive Bishops and Fathers of the Church, in their Discourses to the baptized Persons, strictly to enjoin them not to frequent, or so much as once to be present or seen at such Places. They reckoned It may may may be observed from St. Cyril, that the Word Pompa is used to signify the Acts of the Stage, tho' that is not its only Meaning. It may also be observed, that the Word was used in this Sense both by Heathens and Christians. The Heathen in Minutius Fælix charged the Christians with this pretended Crime, Non Pompis interestis; and the Christians confessed the Charge, saying meritò malis voluptatibus, & Pompis vestris, & Spectaculis abstinemus. And therefore as the Word Pomps is expresly used in our Renunciation at Baptism, and in our Church-Catechism; as also we ratify and confirm the same in our own Persons at Confirmation, and as the Word is of a Greek Original; so, I think, that there is Reason to take it according to the Sense of a Greek Father, and not confine it only to the Sense, in which the Latins often used it. all those Pomps as Allurements to Vice, and those Houses as so many Synagogues of Satan, and consequently, that by Renouncing the World and the Devil they also renounced them. Accordingly Tertullian tells us Lib. de Spectaculis. Page 701. Edit. Basil 1562. of a Christian Woman, who, going to the Theater, was there possessed by the Devil; and when the evil Spirit at his Casting out was asked, How he durst set upon a Christian? he presently answered, I did but what was fit and just, for I found her upon my own Ground. Neither is this the only Instance, which he there mentions, but he saith, that there are other Examples of those, who, while they held Communion with the Devil by Frequenting those Shews, did at the same Time fall away from the Faith. And then he adds, For no Man can serve two Masters. What Communion hath Light with Darkness? And what Fellowship hath Life with Death? We ought (saith he) to hate those Meetings and Assemblies of the Heathen, because there the Name of GOD is blasphemed. And after this he expostulates thus with those in his Time, Do you doubt but that in the Minute, in which you shall be present at the Synagogue of Satan, all the Angels do look down from Heaven, and behold every one who speaks the Blasphemy, and who hears it, who lends a Tongue, and who lends an Ear to the Devil to be employed against GOD? Will you not therefore avoid that Seat of the Enemies of CHRIST, that infectious Chair, and that Air, which is polluted with such wicked and profane Discourse? And therefore since our modern Plays, which are acted in those Houses, are no less inferiour to the ancient Ones in Impiety and Lewdness than they are in Show and Pomp; we may suppose, that those ancient Fathers, if they had lived in our Days, would have expressed their Resentments now, in the same Language which they did then. Since they have such a malignant Influence upon Faith and Manners, (as it is owned almost by all Persons, and as it is generally complained that they have) they may be reckoned among the Works of the Devil, as well as those of former Ages, and therefore ought not to be encouraged by such, who call themselves Christians. And since we also have been baptized, and have promised to Renounce the Devil and all his Works, as well as the vain Pomps and Vanities of this wicked World, and all the sinful Lusts of the Flesh, so that we will not follow, nor be led by them; we ought, as they did, to consider the Nature of our Baptismal Vow, and Prov. ii.17. beware, lest we break that Covenant, which we so solemnly made with our GOD. That this is our present Case may be abundantly seen in many Books and Treatises, which have been printed on this Subject; among which I shall only mention one of the greatest Rank among us, which is Archbishop Tillotson, who in In his third Sermon concerning the Education of Children, Page 220. First Edition. one Sermon calls the Play-House the Devil's Chapel, and the School and Nursery of Lewdness and Vice. And in another Vol. 11, Page 319,320,321. he saith, that the Plays do intrench upon natural Modesty, and for that Reason are forbidden and condemned by the Christian Religion; and (as they are now ordered among us) are a mighty Reproach to the Age and Nation. That they are intolerable, and not fit to be permitted in a civilized, much less in a Christian Nation, and that they do most notoriously minister both to Infidelity and Vice. By the Profaneness of them they are apt to instil bad Principles into the Minds of Men, and to lessen that Awe and Reverence, which all Men ought to have for GOD and Religion. And by their Lewdness they teach Vice, and are apt to infect the Minds of Men, and dispose them to lewd and dissolute Practices. And therefore (as he adds) I do not see how any Person, pretending to Sobriety and Virtue, and especially to the pure and holy Religion of our blessed SAVIOUR, can without great Guilt, and open Contradiction to his holy Profession, be present at such lewd and immodest Plays, much less frequent them, as too many do, who yet would take it very ill to be shut out of the Communion of Christians; as they would most certainly have been in the first and purest Ages of Christianity. And now let us consider the Reason, which the Apostle urgeth in the Text. If we should encourage this Evil, it will make Way for more: And, if we do not shun these profane and vain bablings, they will increase unto more ungodliness. In vain do we pretend to a Reformation of Manners and a Regulation of our Youth, when such Temptations lie in their Way, which, if frequented, will certainly debauch them. In this Case we must expect that Youth will follow what is most agreeable to their corrupt Inclinations; and whilst the Temptations are equally strong on either Side, and the Heart of Man is fully set in him to do Evil, we cannot but expect, that the Consequences hereof will be fatal to some, and that the Devil will not be wanting to make Use of such Opportunities to tempt Men to Sin, until they are involved in eternal Destruction. The sad Experience hereof made Menander, a Heathen Poet, to say, That evil Communications do corrupt good Manners; which was so certain and true, that it became a Proverb in Greece, and was afterward assented to by St. Paul, who inserts the same into the holy Scriptures with a particular Caution of his own, lest we should be deceived by such Insinuations. And therefore it may not be amiss to suppose, that St. Paul, directing his Epistle to Timothy at Ephesus, where the Comedies of Aristophanes were frequently acted, might have a particular Reference to these Enormities, when he advised him to shun profane and vain bablings, because they would increase unto more ungodliness: And indeed we there find the Effects thereof, for Strabo Geogr. lib. 14. pag. 41. their Manners were loose and profligate, wanton, and effeminate; and they had an Injunction in their common Discourse, Let none of ours be thrifty. And if this was the Case in a City, where they could hardly be worse, what Degeneracy must be expected in a Place professing Christianity, and making, at least, some Show of Religion? But it is not sufficient to speak of the Increase of Ungodliness in general; and therefore I shall mention some particular Vices, which seem, in a great Measure, to be the Effects of our present Stage and their Actings. The first is, The Profaning of GOD's Name by Swearing, Cursing, and Blasphemy. The Increase of this Vice is most amazing, and no one that walks the Streets is sure, that he shall not hear People calling upon GOD to damn and confound, sometimes themselves, and sometimes others, and more particularly that the Plague may rot them. There are innumerable and intolerable Examples of these Sorts in our modern Plays, as they have been fully exposed by later Authors; and these are spoken as Patterns for the Bullies of the Age to imitate. The Disappointments in Comedies are never thought to be sufficiently express'd, nor the Passions in Tragedies to be sufficiently rais'd, until their Resentments are mixed with such hellish Language. Neither are they contented with such as are more common, because it looks as if they had not Wit enough to affront GOD more effectually than their Neighbours; but they are daily inventing a continual Variety of this Nature, as if the Play-House was only a Forge to hammer out new Pieces of Armour, whereby to rebel against GOD, and bid him Defiance. They who hear them with Delight soon learn them, and afterward use them in other Places; and thus like Persons sick of the Plague (which they often call for) they carry the Infection from Place to Place, and so it overspreads the Nation. Secondly, Murthers are often the Effects of the Stage. Many of our modern Tragedies are designed to shew the Success of such, who think their Wills to be a Law, who hector at, quarrel with, fight and destroy all before them. To these it is that the Actors pay Respect, give them great Titles, admire their Courage, and praise their Vices, instead of Virtues. Such Sights, Bloodshed, and Murther, being shewn on a Stage, do by Degrees occasion the Spectators to be cruel and outrageous; and Men do there learn to be inhuman. Such Persons, who are in the Heat of Youth, and are of a proud and passionate Temper, immediately think, that they may act the same Parts upon the publick Stage of the World, and come off with the same Success, until they are convinced of their Error, when perhaps it is too late. And it is very observable, that the greatest Persecutions, which were ever raised against the Christians, were began and carried on in Heathen Rome, where they had their Theaters, and their Tragedies were most frequently acted. This made them more cruel and delight in Bloodshed, insomuch that, at last, the Martyrdom of the Saints became their Diversion, and Christians were in Reality brought forth, and devoured by wild Beasts, to make Pastime for those, who had pleased themselves with such Resemblances. And since the Reformation it is as remarkable, that the most dreadful Persecutions against the Protestants, and all their Designs to destroy our Religion, have either been begun, or, at least, carried on and promoted by that City. This is the great Whore, who hath been diverted by the Theaters, Carnivals and Jubilees; and, as she was addicted to such Sports and Pastimes, it may be the less wondered at, that in all Ages she hath made herself so drunk with the Blood of the Saints. And even, among ourselves, it will be difficult to find one Instance of a Challenge or a Duel, except among such, whose Spirits have been warmed by being present at such a Furnace as this. But, having seen such Things in jest, they lose their Lives in earnest. Thirdly, Adulteries and Whoredoms are the common Effects of the Stage. In one of our Plays Gibraltar. Page 6. Line 9. Whores are dog-cheap here in London. For a Man may step into the Play-House Passage, and pick up Half-a-dozen for Half-a-crown. an Actor boasts, that this Effect is so visible in their Neighbourhood, that their Hearers cannot fail of Opportunities for such a Purpose. And indeed the notorious Immodesty, both in Words and Actions, which are there both heard and seen, the filthy Songs which are there sung, and the Musick framed by the Composers with such Notes, as will most affect the Passions, are but as so many Temptations to Lust, and serve only to instruct the Hearers, how to carry on their own filthy Designs, that so, at their Departure thence in a mix'd Company, they may go (if possible) to a worse Place, and be the real Actors of what was thus represented. Neither do the Effects stop here. These Songs are taught to young Ladies to sing, before they are sensible what they mean, and so the Parents pay for the Ruin of their own Children. Thus they learn Love-Songs, and such as are frequently intermix'd with Smut, and even Motives to Lust: These they are obliged frequently to repeat, before they can learn them, and the Musician seldom fails to set the worst Part off to the greatest Advantage; sometimes by a frequent Repetition of the Words, sometimes by Affecting Divisions, and always by such soft Notes, which, they too well know, will work upon that Passion. This of course makes them wanton, and so they think of Husbands, before they are capable to choose for themselves. Thus they are soon ensnared to gratify their Passions, by others who only catch at their Fortunes; and are often tempted to worse Acts, which prove the Ruin of themselves, and the Sorrow of their Parents. Thus our noble Science of Musick is debased, and, like Cannon taken by the Enemy, is directly levelled against the first Proprietor. It was, at first, intended in the Church of GOD to set forth his Glory both in publick and private, and be a Help to us in our Way to Heaven; but, instead of this ancient Design, it is abused to his Dishonour, and there is very little private Use made of it, unless it is to debauch Mens's Morals, to heighten their Lusts, and send them directly into the Road to Hell. Good Men may wish, and pray, and endeavour for a Regulation; but it must be an over-ruling Providence which can effect it, and to him alone in such a Case must the Glory be given. Fourthly, Idleness is the common Effect of the Stage. It is with great Difficulty, that Youth are kept to Labour and Industry; and therefore all Temptations to the contrary are prejudicial. But, when such leave their Callings to go to the Plays, it is but seldom, that the Masters have any Command of those who are under them. They have a strange Inclination to go thither again and again; and so all necessary Business shall be neglected to gratify their Fancy. Besides, it is usually late, before the Plays are ended, and, if the Company is large, the Heat of the Place will make them thirsty. This exposeth them to go to Taverns and Alehouses, and then it is so much the later, before they return Home. By this Means Families are disordered, and forced to keep unseasonable Hours, and therefore they cannot be so early about their lawful Callings. After this, such Youth think themselves too good to be confined, and grow weary of the Station, in which GOD hath placed them. Thus the Principles of Idleness and Extravagancy are strangely infused into such People, as resort to these Places, which often tend to their utter Ruin. This may be an Argument to persuade all Tradesmen and Shopkeepers to restrain their Children, Servants, and Apprentices. If they are suffered to go thither, they will be apt to frequent them; and, if they have no Money of their own for such a Purpose, they will be apt, as Occasion requires, to steal it from their Parents and Masters, which being done by little and little, it may be long before it is missed in the Way of Trade, and after that it will be impossible to know how much they have been injured. Fifthly, Contempt of all Religion is too often the Effect of the Stage. As such Persons seldom scruple to speak the most horrid Blasphemies, as a Diversion and Entertainment to their Company; so we cannot expect, that they, who are delighted with such Things, can be reckoned Men, who have any Sense of the Honour of GOD, or Fear of his Judgments. Nothing is more common here for such, than to affront their Maker, and make a Goddess of their Mistress, to think of no Heaven, except in her Company, and no Hell, but to be kept from her. This and much more, which one would tremble to relate, is the Language of the PlayHouse, and indeed some of the best. An Author in the latter End A short View of the Profaneness and Immorality of the English Stage; by Jeremiah Collier; the first Edition whereof was about the Year 1686. of the last Century, speaking of this A short View of the Stage, Chap. 2. Page 56, &c. Subject, quotes out of the printed Plays, then extant, several Examples, where Page 60. the Service of GOD in a Church and Prayer is ridiculed, where they Page 61. swear by Mahomet, Page 81. contemn even Heaven itself, and Page 61. give the Preference to a Turkish Paradise; where Page 63. they make a Just of their Baptismal Vow, where Page 81. they look upon Providence to be a ridiculous Superstition, and affirm, Page 78, and 147. that none but Blockheads pretend to Religion. In one of their Plays, Page 66. like Lucian and Celsus, they deride the Resurrection. One Page 68. speaks against the Immortality of the Soul, and Page 67. another brings in a lewd Italian Proverb for Authority, in Contempt of the holy Scriptures. All this was in the Infancy of this Impiety, which is now grown up to a Monster. Since this we have had the Devil Thus an Actor speaks to the Devil in the British Enchanters, in order to gratify his private Revenge. Page 12. Line 22. See it perform'd and thou shalt be, Dire Instrument of Hell, a God to me. directly owned as a GOD, in Defiance of the first Commandment, he is called The British Enchanters, Page 16. Line 2. Forbear, rash Mortal, give thy Frenzy o'er For now thou tempt'st a more than mortal Power. a more than mortal Power; and the Inference is, that it is a Rashness and Folly to resist him, not without a profane Allusion to that Text of Scripture, Deut. vi.16. Matth. iv.7. Thou shalt not tempt the LORD thy GOD. Here we have the See the Book intituled, A serious Remonstrance in Behalf of the Christian Religion, against the horrid Blasphemies and Impieties, which are still used in the English Play-Houses, to the great Dishonour of Almighty GOD, and in Contempt of the Statutes of this Realm, particularly Chap. 7. or, The Divine Attributes ascribed to the Devil on the Stage, Page 76 to Page 90. Eternity, the Omnipresence, the Wisdom and Knowledge, the Goodness, the Truth, and the Vengeance of GOD, in plain English, attributed to the Devil. Accordingly he is frequently pray'd to, and mentioned instead of GOD, in their serious Ejaculations. In one The Metamorphosis, Page 14. Hail, Powers beneath, whose Influence imparts The Knowledge of infernal Arts; By whose unerring Gifts we move To alter the Decrees above, Whether on Earth, or Seas, or Air, The mighty Miracle we dare. That is, Wherever the Actors come, they set the great GOD of Heaven at Defiance, provoke him to enter into Judgment, and even dare him to do his worst. This is but the third Part of the Song, which concludes with invoking the Help, and craving the Assistance of these infernal Powers; but I suppose that the Reader doth not desire that I should transcribe any more, since, if GOD should enter into Judgment, all the Blood of the Nation is not sufficient to atone for this. Comedy there is a Song directly in Praise of the Devil, and the Matth. xxviii.9. Salutation of our SAVIOUR to his Apostles after his Resurrection, and of Luke i.28. the Angel to the Virgin Mary, is not only in Mackbeth, Page 4. Line 34,35,36. and Page 5. Line 9,10,11,15. The Word is Hail, which is now grown obsolete and out of Use, and others are come up instead of it; so that on our present Stage, it hath neither Wit nor Sense, but as it is a profane Burlesquing of the sacred Scriptures. another Place put into the Mouth of a Witch; but here it is given as a Compliment to these Powers beneath, who are there represented as altering the divine Decrees; and it is farther added, that the Actors, wherever they come, do in this Manner provoke the Divine Justice, and dare even the GOD of Heaven to do his worst. In The Recruiting Officer, Page 50. Line 32. Look ye, fair Lady, the Devil is a very modest Person, he seeks no Body, unless they seek him first; besides, he is chain'd up like a Mastiff, and cannot stir, unless he is let loose. This Expression makes the Petition very impertinent, which Our SAVIOUR hath commanded us to use, Lead us not into temptation, but deliver us from the evil; and gives the Lie to the Expression of St. Peter, 1 Epist. v.8. Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about seeking whom he may devour. a late Play, frequently acted, the Devil is expresly said to be a very modest Person, with other Expressions, too vile to be mentioned in this Place. In the Old Testament we are strictly charged Exod. xxii.18. not to suffer a witch to live, and the New Gal. v.19,20. Witchcraft is mentioned as the works of the flesh, and that they, who do such things, cannot inherit the kingdom of GOD. In a Play, very frequently acted at this Time, we have Mackbeth, Page 39. l. 38. and p. 44. l. 9. Musick, and Ibid. p. 24. l. 32. p. 25. l. 19. p. 39. l. 38. p. 40, l. 1,17 and 23. Songs, and Ibid. p. 25. l. 19. p. 26. l. 6 and p. 44. l. 9. Dances for Witches; they enter Ibid. p. 3. l. 22. flying upon the Stage, and Page 1. l. 14. go off again in the same Manner, and Ibid. p. 41, &c. Act 4. Scene 1. a whole Train of Witchcraft is imitated. In their Discourse Ibid. p. 3. l. 23. they talk of commanding the Winds, and making foul Weather to the Distress of Mariners, and Revenge of themselves. In one of their Songs they give us an Account Ibid. p. 25. l. 19. of their merry Way of Living, and that Ibid. p. 40. l. 18. all Things go fair for their Delight; and after that Ibid. p. 40. l. 23. Oh, what a dainty Pleasure's this, To sail i'th' Air, Whilst the Moon shines fair, To sing, to toy, to dance, and kiss! Over Woods, high Rocks, and Mountains, Over Hills, and mighty Fountains, Over Steeples, Towers, and Turrets We fly by Night 'mongst Troops of Spirits. No Rings of Bells to our Ears sounds; No Howls of Wolves nor Yelps of Hounds: No nor the Noise of Water's Breach, Nor Cannons Throats our Heights can reach. From all the deceits of the world, the flesh, and the devil, Good LORD deliver us. they solemnly commend Witchcraft, in a large Song for that Purpose. From this Play we may see what Freedom they take on all Occasions with the sacred Scriptures. In these Books we are told, Job xxviii.26. Psal. xviii.11,12,13,14. Psal. xxix.3. that it is the glorious GOD, who makes a decree for the rain, and a way for the lightning and the thunder, and Psal. cxxxv.7. brings the winds out of his treasures. Here we have these Things represented as Rinaldo, p. 45. l. 23. The British Enchanters, p. 16. l. 19. p. 33. l. penult, and p. 34. l. 8. raised by Devils, and also Mackbeth, p. 1. Act 1. Scene 1. and p. 3. l. 21. Where Showers are added, and the Witches speak thus to one another, When shall we three meet again, In Lightning, Thunder, and in Rain. by Witches, and their Diverting themselves at such a Time. The Scriptures, speaking of the Glory of GOD, say, Psal. civ.3. That he maketh the clouds his chariot, and walketh upon the wings of the wind. And a like Expression is used by an Actress on the Stage, when she speaks of Mackbeth, Pag. 39. line penult. Hark! I am call'd, my little Spirit (see) Sits in a foggy Cloud, and stays for me. the Devil sitting in a foggy Cloud at the same Time. And to add but one Instance more, The The Prophet Micaiah describes the Majesty of GOD in this Manner, 1 Kings xxii.19,20,21,22. I saw the LORD sitting on his throne, and all the host of heaven standing by him on his right hand and on his left. And the LORD said, Who shall persuade Ahab, that he may go and fall at Ramoth Gilead? And there came forth a spirit and stood before the LORD, and said, I will persuade him. And the LORD said unto him, Wherewith? And he saith, I will go forth, and I will be a lying spirit in the mouth of all his prophets. And he said, Thou shalt persuade him, and prevail also. Go forth, and do so. Words of the LORD; sitting upon his throne, are put into In Mackbeth, Page 38. Line 34. the Devil thus speaks to his Witches. I shall, e're Night, Raise from the Center such a Spright, As by the Strength Strengh of his Illusion Shall draw Mackbeth to his Confusion. For the same Purpose, they utter three ambiguous Prophecies to make him bold, Page 43. Line 6,9, and 17, which being taken in a wrong Sense, was the Cause of his Destruction, and added a greater Reputation to the Oracles of the Devil, See Page 59. Line 25. for the two first, and Line 17. for the other. From the crafts and assaults of the devil, from thy wrath and from everlasting damnation, Good LORD deliver us. the Mouth of the Devil, that he may vie with him upon the like Occasion, when he speaks to his Witches, as the blessed GOD did to his holy Angels. In short, we have Reason to believe, that the constant Ridiculing, Burlesquing, and Exposing the sacred Scriptures with such a general Approbation from the Audience, is a great Reason of the Infidelity of the present Age; and hath made others so bold, as to treat the Prophecies of the Old Testament, and the Miracles of Our SAVIOUR in the New, with such Scorn and Contempt, and as Cheats and Impostors, the like whereof cannot be met with since the Creation of the World: For he, who will read but a few Pages in these printed Books, may soon perceive, that they are the perfect Imitators of the Play-House Language. The Metamorphosis, Page 14. Hail, Powers beneath, whose Influence imparts The Knowledge of infernal Arts; By whose unerring Gifts we move To alter the Decrees above, Whether on Earth, or Seas, or Air, The mighty Miracle we dare. That is, Wherever the Actors come, they set the great GOD of Heaven at Defiance, provoke him to enter into Judgment, and even dare him to do his worst. This is but the third Part of the Song, which concludes with invoking the Help, and craving the Assistance of these infernal Powers; but I suppose that the Reader doth not desire that I should transcribe any more, since, if GOD should enter into Judgment, all the Blood of the Nation is not sufficient to atone for this. Ibid. p. 40. l. 23. Oh, what a dainty Pleasure's this, To sail i'th' Air, Whilst the Moon shines fair, To sing, to toy, to dance, and kiss! Over Woods, high Rocks, and Mountains, Over Hills, and mighty Fountains, Over Steeples, Towers, and Turrets We fly by Night 'mongst Troops of Spirits. No Rings of Bells to our Ears sounds; No Howls of Wolves nor Yelps of Hounds: No nor the Noise of Water's Breach, Nor Cannons Throats our Heights can reach. From all the deceits of the world, the flesh, and the devil, Good LORD deliver us. Mackbeth, p. 1. Act 1. Scene 1. and p. 3. l. 21. Where Showers are added, and the Witches speak thus to one another, Mackbeth, Pag. 39. line penult. In Mackbeth, Page 38. Line 34. the Devil thus speaks to his Witches. For the same Purpose, they utter three ambiguous Prophecies to make him bold, Page 43. Line 6,9, and 17, which being taken in a wrong Sense, was the Cause of his Destruction, and added a greater Reputation to the Oracles of the Devil, See Page 59. Line 25. for the two first, and Line 17. for the other. From the crafts and assaults of the devil, from thy wrath and from everlasting damnation, Good LORD deliver us. Lastly, It is a Question, how far the Stage hath encouraged even the frequent Robberies on the Roads, and in the Streets. There is something new and surprizing, which offers it-self on this Head. In a late Play, which hath had a prodigious Run, to the Scandal of this Nation, we have a The Beggars Opera Drama. Crew of Beggars, made so by their own Vices and Extravagancies. The Women, without any Sense of Decency, own themselves to be common Page 30. line 26. and 30. p. 31. l. 7,12,19,21 and 23. Whores, and seem to glory in their shame; and, to supply their Necessities, they take to Page 29 and 30. Picking of Pockets and Shoplifting, and Page 24,25 and 26. the Men are for Robbing on the Highway. Here we have Page 2. line 31; and p. 9, l. 7. Methods chalked out to train up Persons to Stealing. Here we have Page 8. line 13. p. 30. l. 15. Picking of Pockets encouraged, Highway Robberies pleaded for both in Page 24, throughout. Prose and Page 26. l. 31. in Verse, with Page 25. l. 17. Methods for Intelligence, and Page 5. l. 14 and 22. Murders allowed in such Cases. Here we have also a Page 30. l. 1,5,8. Toleration for Going off with the Goods of the honest Tradesman. Here the Laws, which are made in such Cases, are Page 24. l. 17. exposed. Here we have Page 21. l. 11. p. 24. l. 27 p. 53. l. penult. p. 54. l. 2. p. 68. l. 12. p. 72. l. 5. and p. 74. l. antepenult. the Courtiers, and Page 9. line 35. p. 28. l. 30. and p. 29. l. antepenult. Court Ladies Page 1. l. 12. p. 38. l. 5,12, and 18. States-Men Page 6. l. 11. p. 11. l. ult. Lords, Page 6. l. 11. p. 15. l. 12. Gentlemen, and Page 15. l. 22. p. 16. l. 6. p. 21. l. 11, and p. 31, l. 31. Lawyers, treated with the utmost Scorn and Contempt, for no other visible Reason, but because they desire to be secure in the Possession of their own, and are therefore willing to put the Laws in Execution against such Practices as these. Here we have Page 1. l. ult. a Thief-Advocate, who acts both against Rogues and for them; that is, Page 16. l. 11. he receives stolen Goods, and Page 7. l. 23. p. 55. l. 24. and p. 57. l. 16. disposes of them, both at Home and Abroad, and Page 14. l. 24, and p. 39. l. 23. sometimes to the right Owners. His Business is to teach them how Page 2. to plead, to Page 2. l. 1. encourage Cheats, to Page 2. l. 10. soften the Evidence, Page 66. l. penult. to sinke them, or Page 68. l. 6. nail up their Lips, as Page 67. l. penult. in his Power. This he doth, when the Person (as he calls it) is Page 4. l. 1. active and industrious, and to save them from Transportation, because he can get more by their Stay at Home. He hates Page 3. l. penult. a lazy Rogue (as he calls him) he Page 4. l. 1. saves the worst, condemns Page 4. l. 22. such as he hath the least Profit by; such who dispose Page 4. l. 10, and 16. of stolen Goods without his Knowledge, and especially those who would live honest. He hath Page 1. l. 1. a large Book of Accompts before him, and Page 12. l. 8. his Daughter is a very considerable Fortune. The principal Actor is Page 24. the Captain of a Gang of Highwaymen, with these he meets at a Tavern; there are eight by Name, and others which are nameless. Here they plead for their Practice, and encourage each other with the utmost Encomiums. This Actor hath Viz. Polly Peachum, the Daughter to the Thief-Advocate, and Lucy the Daughter of Lockit, the Keeper of Newgate. two Wives at a time, at least in all outward Appearance. He hath Page 28. l. 15. eight Whores with him at once in the Tavern, and Page 74. l. 12. and four Women more follow him with a Child a-piece. This is the Reason, that Page 7. l. 1. p. 10. l. 3. p. 11. l. 23. p. 14. l. 8. p. 15. l. 8. p. 16. l. 33. p. 17. l. 21. p. 37. l. 3. p. 39. l. 36. p. 40.l. 7. p. 42. l. 26. p.61. l. 22. Marriage is so frequently ridiculed, as also Page 18. l. 9, and p. 34. l. 28. conjugal Affection in a married State; and Adultery, Whoredom, Polygamy, and Intriguing with Women are so frequently pleaded for, both in Prose and Verse, according to the constant Practice of our modern Comedies. The Captain of the Highwaymen declares himself a common Page 27. l. 11. with a Song in Praise of it, l. 18. so also p. 29. l. 10. p. 30. l. 30, and p. 43. l. 16. Whoremonger. For his Robberies he is committed to Newgate, which for this Reason is made Page 49. l. 2. a Scene on the Stage, and treated as a Jest rather than a real Punishment. Here we have Page 70. l. 4. a Dance of Prisoners in Chains. Here we have Page 41. l. 7. p. 47. l. 10. Plots for Escape, drawn up to Perfection for the Encouragement of such, who like these Courses. Here we have a Page 70. l: 12, and ult. p. 71. l. 2,7 and 10. Scene of Drunkenness to allay the Fears of an Execution. In this the Page 74. l. 2. and 4. Villain places all his Hopes; Adds to this, that he and Page 5. l. 6. p. 32. l. 3. p. 44. l. 15. p. 69. l. 11 and 17. p. 73. l. 2, and p. 74. l. 15. others also ridicule and burlesque the fatal Cord, as rather to be chosen than some temporal Misfortunes, and at last resolves to die Page 70. l. 17, and p. 71. l. 7. more like a Martyr than a Malefactor. After all this the Villain gets clear, is Page 75, Scene the last. the principal Hero of the Play, takes to the principal Actress for his Wife, who shew'd her Affection in the worst of Times, and he gives his bare Word, that he will be constant to her, and makes an honourable Exit, without any other Sign of Repentance for, or a Reformation from his former Villanies. If then our Prisons are filled with Persons for capital Crimes: If our Roads are infested with Robbers abroad, and our Streets with others nearer home: If Tradesmen cannot stir out for Fear of being knock'd down, and their Goods cannot be safe in their own Shops, it must be allowed, that the Poets, Actors, and Audience have given the greatest Encouragement to all these Misfortunes, and have done their utmost to shock the Authority of the Laws, which are made to restrain them, and render the Punishments inflicted in those Cases as most contemptible. Since therefore these profane and vain bablings do (as the Text saith) increase unto more ungodliness; this should exhort all such, who pretend to a Sense of Religion, or Love to their own Souls, to avoid them. Such evil communications will corrupt good manners, and therefore let us not be deceived. You cannot after such a Warning pretend to Ignorance, and therefore the Crime must be wilful and inexcusable. It is universally reckoned a Scandal for any Clergyman to be seen in such Places; and therefore that, which is scandalous in one Order, must be disreputable in others. When Eusebii Historia Ecclesiastica, lib. 3. cap. 28. alias 25. St. John the Apostle saw Cerinthus the Heretick in the same Bath with him, he immediately withdrew himself, and advised others so to do, lest the Judgments of GOD should overtake them for being in such Company; and certainly we have as much Reason to take his Advice, in Relation to the Play-House. What Tertullus falsly said of Acts xxiv.5. St. Paul, is too true of such Actors, We have found such Men to be pestilent Fellows, loimon, a Plague; and therefore we should do by them, as we do by others, who are afflicted with such a Distemper. Now if we are afraid of a Disease, which will only kill the Body; how much more should we fear that Contagion, which, if not prevented, will destroy both body and soul in hell? Let us remember the Charge, which GOD gives us in the Text, and not only there, but also in other Places of Scripture. Thus it is Eph. v.11,12. Have no fellowship with the unfruitful works of darkness, but rather reprove them; For it is a shame even to speak of those things, which are done of them in secret. So Prov. xiv.14. &c. Enter not into the path of the wicked, and go not in the way of evil men. Avoid it, pass not by it, turn from it, and pass away; For they sleep not, except they have done mischief; and their sleep is taken away, except they cause some to fall. For they eat the bread of violence, and drink the wine of deceit. And Psalm. i.1,2. Blessed is the man, that hath not walked in the counsel of the ungodly, nor stood in the way of sinners, and hath not sate in the seat of the scornful. But his delight is in the law of the LORD, and in his law will be mediate both day and night. If these Places were not frequented, they would fall of course; and, when the Hope of their Gains was gone, they might betake themselves to some reputable Method for a Livelihood. However, if some Men should be so obstinate and refractory, as to take no wholesome Advice in this Case; yet, one would think, that such Women, who have any Regard to their Reputation, will shun those Places. One would think, that such filthy Discourse would be very affronting in Conversation, and not to be endured by any young Lady, who values her Credit. And one would think it strange, that such Liberties, which they would justly resent in private Conversation, should entertain and please them on the publick Stage. In short, their Going thither seems to be no other than Spending their Money to hear themselves abused, and their Modesty affronted; and in such Case it is much better to stay at Home. To suppose that such can like it, is a gross Reflection on their Virtue; and therefore it may rather be hoped, that they will take Care not to expose themselves. To sit contentedly and hear a Parcel of such lewd, wanton, and smutty Discourse, both in Prose and Verse: To see such Plots and Contrivances carried on both for Whoredom and Adultery without Detestation, makes the Rakes of the Town think, that these are as bad as themselves, and that it is not a Sense of the Sin, but rather of some temporal Inconveniencies, or Want of Opportunity, which restains them from Committing the like. This exposeth them to such Adresses, which they themselves abhor; and then, being afraid wherever they go, they wish too late, that they had never given the Occasion. Lastly, Let us all be exhorted to put up our Prayers to GOD, First, For those who frequent such Places, that they may see their Error, repent of their Sin and Folly, and do so no more. If neither Sermons nor Advice can prevail; yet we know not but our Prayers may reach them, and GOD may have Mercy on them for our Sakes. Secondly, Let us pray to GOD for the whole Nation, that he would not lay these Sins to our Charge, but try and spare us a little longer. Never was there a greater Occasion for this than now. Do we think that there is a GOD? and that he is the Creator and Governor of the World and all that is therein? Can we Gal. vi.7. think that he will be always thus mocked, insulted, and provoked? that he will suffer his Isai. xlii.8. glory to be given to another, and his Praise to the Devil, his greatest Enemy? and that he will not, at last, shew his Resentment and Indignation? The Prophet Jeremiah saith, Jer. vi.29,30,31. that when such wonderful and horrible things are committed in the land, and the people love to have it so, then GOD exert his Authority. Shall I not visit for these things, saith the LORD? And shall not my soul be avenged on such a nation as this? And St. Paul adds, Rom. i.32. and ii.1. to 12. that when Men know the judgments of GOD, that they who commit such things, as Witchcraft and diabolical Representations, are worthy of death, they have pleasure in those that do them, they are most inexcusable. They despise the riches of the goodness, and forbearance, and long suffering of GOD; not knowing that his goodness should lead them to repentance. And after their hardness and impenitent heart, they treasure up to themselves wrath against the day of wrath, and revelation of the righteous judgments of GOD; who will render to every man according to his deeds. These old Distempers are more difficultly cured; and therefore we may dread, that Ad pœnam tardus Deus est, ad prœmia velox; Sed pensare solet vi graviore moras. the Medicine of his Wrath will be more severe at last. Let us then pray to him, that if the crying Sins of this Nation are too great to be winked at, and his Patience is provoked to Fury, yet he would at least spare those who are innocent, and keep themselves pure from the Pollutions of the Age; that he would hide them, in particular, under the Hollow of his Hand, until his Indignation is overpast; that he would make a Mal. iii.17,18. Distinction between the righteous and the wicked, between him that serveth GOD, and him that serveth him not; that he would Ezek. ix.4,5,6. set a mark upon the foreheads of them that sigh, and that cry for all the abominations, which are done in the midst of the Land. That if he deals with us as with Sodom, for those Sins in which we imitate them; yet that every just Lot, who is grieved to hear of such Things, may be 2 Pet. ii.6,7,8,9. preserved from the Flames. That if he should say, Ezek. xiv.12 to 21. Sword, go through the land, to cut off from it man and beast, and make it desolate; or if he should cause noisome Beasts to pass through it, or visit us according to his daily Threatenings with the Famine or the Pestilence; yet such Men as Noah, Daniel, and Job, who are found in it, may deliver their own souls by their righteousness. And that whenever he is pleased again to visit us in Mercy, to lift up the light of his countenance upon us, and give us peace; the Sense hereof may work such a Reformation in our Hearts, that we may no longer be guilty of such Provocations, but we may devote ourselves to his Service, like such as are preserved by him. To conclude, Let us all pray to GOD to give us his Grace, that we may shun these profane and vain bablings, since we find by daily and woful Experience, that they do increase unto more and more ungodliness. That we may delight ourselves in his Commandments, and say with holy David, Psal. cxix.113. I hate vain thoughts, or them that imagine evil Things; but thy law do I love. That instead of these profane, wanton, and ungodly Songs and Ballads, which are daily coined in this Mint of Iniquity, and tend only to the Nourishing of Vice and Corrupting of Youth, we may refresh our Souls with such Psalms, divine Hymns and Anthems, and such heavenly Hallelujahs, which an Angel may sing, or a Martyr may hear; and which will be so far from Leaving a Sting of Conscience behind, that we may repeat them with Satisfaction on a Dying-Bed. Such Musick as this would revive our Souls in the greatest Affliction; and, whilst we taste of such Enjoyments in this World, they will be but as Earnest of far greater, which we shall enjoy in the World to come.

Religion

A sermon [...] Occasioned by the erecting of a play house in the neighbourhood [...]

RelB1644

[sect] 1. HE that would know the true proper full importance of the word Scandall or Offence, or to be Offended or Scandaliz'd (as they are taken for the same) need not seeke into many authors for it. The new Testament, and the Apocryphall bookes, and the Greeke translation of the old Testament, are the prime authors that have used these words, and all other later Christian writers may justly be thought to have had them from that Fountaine; ancient prophane writers not affording them. [sect] 2. From hence 'twill be sure just to inferre, that in as many senses as the scripture Canonicall and Apocryphall hath used the words in so many they may be justly used, and in no more. Now the uses of the word Scandall skandalon among them are either naturall (as generally in the old Testament,) or borrowed, i.e. metaphoricall, (as cheifly in the new.) It naturally signifies 3 things. [sect] 3. 1, A Trapp, a Gin, or Snare to catch anything: So in the Greeke translation of Psal. 69.22. the word is us'd, (being joyn'd with 2 other words which signifie snare and gin,) and in our new translation is rendred a trapp: pagis kai thēra wherefore in the place of Rom. 11.9. where the same words are cited out of the Septuagints translation, and not out of the Hebrew text of the Psalme, I should conceive it should be rendred by analogy, not stumbling blockes but gin, or some other word belonging to this first signification. In this sence it is used 1 Mac. 5.4. where it is all one with snare, and it is farther interpreted by (laying wait by the way) to catch them treacherously. So againe Wisd: 14.11. the word is used, and explained by another word, signifying a trapp, or snare, the very same that was used in the Psalmes, and to the Romans. [sect] 4. 2. It signifies any Obstacle or hindrance layed in a mans way, by which the passenger is detain'd or stopt, peculiarly a sharpe Stake, such as in time of warre men were wont to put in the fields where their enemy should follow, to wound their feet or leggs in their passage: against which being so ordinary in warre, they anciently used greaves of brasse to defend their feet or leggs. 1. Sam: 17.6. to which you may referre that Epithite so frequent in Homer, ēyknēmides, and chalkoknēmides Achaioi: to signifie those greaves brasen or otherwise, that the Grecians used; described by that Poet, Il. Phi, by knēmis neoteuktou kassiteroio made of tin, and covering the whole legg to the knee, of so firme a substance that it made a loud noise at the stroake of the weapon on it, smerdaleon konabēse saith he. Thus is the word skandalon used, Judith 5.1. where we render it impediments, a word somewhat too generall to signify those sharpe stakes or other instruments to wound or gall the passengers, which are knowne to every body: for which I beleeve we have some proper english word, I thinke it is a gal-trapp. [sect] 5. 3ly. The word signifies a stone or blocke in the way, at which men are apt (if they be not carefull, or of they goe in the darke) to stumble and fall: and thereupon in the old Testament it is taken for a fall: and so sometimes for sinne, the fall of the soule, as Judith 12.2. (where these words [lest it be an offence] would more clearely be rendred out of the Greeke, lest it become an offence, 1.a sinne or pollution, as you may see in the same matter which is there treated of Dan. 1.8. Tob. 1.11. and 1.Sam. 25.31.) and sometimes for ruine or destruction, the fall of the whole person, which we are brought to by sinne, as Judith 5.20. our English renders it ruine, and Psal. 49.13. where though we read folly, the Septuagint read Scandall, by that rendring an Hebrew word which signifies both folly and ruine. lesev I confesse this last acception of the word for ruine, is somewhat rare (yet authoriz'd by our English in the place of Judith) and therefore if any dislike it, I shall not stand much upon it: because in both those places last mentioned it may well enough signifie sin, as that is a snare or stumbling blocke, an occasion of ruine, or falling, or destruction, in which sense I conceive 'tis used, Judg.: 8.27. where 'tis rendred a snare, i.e. a sinne ensnaring or occasioning ruine. [sect] 6. Beside these 3 significations, in which the word in Greeke retain'd in our language, is read in the old Testament, I am confident there is no other, save once Psal: 50.20. for slander or calumny or defamation, (for so the Hebrew ifd there signifies) a sense which is vulgar amongst us in English; by a Scandall meaning a slander: but that sence being but once met with in the whole Bible, or twice at most (Eccl: 27.23. where yet I conceive the translation might be mended) will not deserve to be taken into consideration. [sect] 7. Now for the use of the word in the new Testament: 'tis first observeable, that the best nomenclature for hard words in that is the observing the use of them in the Greeke of the old, for the writers of the new Testament, being Jewes not Greekes, wrote in an idiom proper and peculiar to them only, and those other Jewes that wrote also in Greeke, somewhat differing from that of the Atticke, or naturall Greeke writers. And therefore we may well resolve, that the uses of the word, which we have there found and already observed, will be very instrumentall to the understanding of the same word, and others derived from it in the new Testament. And so much the rather because, as I said, no prophane Greeke writer before the scripture, is knowne to have used it; only Aristophanes once a word neare it. skandalēthristas This being premised, 'twill be worth our paines (at least by so doing we shall put the whole matter beyond exception) to survey breifly all the places in the new Testament, where the word is used. [sect] 8. To that end I shall beginne with the first in my Concordance, which is Matt, 13.41. the Angells shall gather out all Scandalls: 'tis in a sence borrowed from the second mentioned signification of a sharpe stake, which he who has once met with and beene gall'd by it, is wont to gather up and cast into the fire, as there it followes the Angels for our sakes should do, v: 24. (to which Saint Paul also seemes to allude 2 Cor: 11.29. in putting Scandalizing and burning together) and denotes simply whatsoever may wound or gall us in our Christian course, and by that meanes foreslow our pace, cause us to slacken, or give over, or ly downe in the service of Christ, so Mat: 17.27. Christ paies tribute, that he may not offend the Jewes, i.e. that they might not thinke him a Contemner of the Temple, to which the Tribute was due, and so foresake and not beleeve in him; that he might not discourage them from following him. So Mat: 15.12. the Pharisees hearing a doctrine that gall'd them particularly, were offended and forsooke him, that doctrine drave them away from following him. So againe (Mat: 18.7.) it must needes be that offences come, which seemes to referre to false doctrines and heresies, if you compare that verse with 1.Cor: 11.19. there must be Heresies (and Rom: 16.17. where offences are said to be contrary to the Apostles Doctrine, and that they must be avoided, as the Hereticke must Tit: 3.10.) the venting of which of all things most hinders others in their Christian course, but whether it be meant peculiarly of Heresies or exemplary sins it matters not. To which soever you apply it, another place, Luk. 17.1. will belong unto it also, being the place directly parallell to it. So Matth. 18.6. He that shall offend one of these little ones. i.e. he that shall occasion their falling off into any sinne; or, which the place especially imports, by contemning them, discourage them from the study of piety. For so on the contrary side to receive them, v: 5. is by Saint Marke 9.41. exprest to consist in doing them kindnesse to encourage them in the wayes of godlinesse. So Christ crucified is said a Scandall to the Jewes, i.e. they that were otherwise not ill opinion'd of him, and so followed him with the multitudes, when they saw him crucified, were quite discourag'd, and fell away from him, (as they that are so gall'd by those stakes are faine to give over the pursuit, to return) and so resolved, seeing him dye, that he was not the Messias whom they expected, a glorious temporall deliverer. To which belongs that noteable place Matthew 11.6. Luk: 7.23. Blessed is he that shall not be offended in me, i.e. shall not be gall'd and discourag'd, and so fall off by seeing the sufferings that befall me, and await my disciples or followers. So againe Mat: 13.57. Mark: 6.3. It is said, that the consideration of his knowne and meane birth occasioned their being offended in him, i.e. their deserting and not beleeving of him, when the miracles which he had done inclin'd them somewhat to a valuing of him. So John 6.61. When Christ talkes of eating the flesh of the sonne of man, they were offended, (that is) that speech carnally understood (either that Christ was to dye, (which the eating his flesh presupposed, and they did not like to heare of; dreaming of a temporall glorious Messias) or that they were to turne Canniballs and eate mans flesh,) discourag'd them from following him, at least from taking him for the Messias. So Gal: 5.11. persecution is called the Scandall of the Crosse, or that upon which so many are discourag'd from professing the crucified Saviour, according to that in the parable of the sower, Mat: 13.21. Mark: 4.17. upon the comming of persecution presently he is offended, i.e. gall'd, and falles off, and Mat. 24.10. on the same occasion and in the same sence. So Mat. 26.31. Mark 14.27. this night (to wit of my attachement) Ye shall all be offended because of mee. i.e. fall backe, forsake mee: and so in Saint Peters answer, v. 33. Although all men should be offended, yet will I never be offended : upon which, that which Christ rejoynes ( before the Cocke crow ; i.e. before morning, or day breake, all one with this night, v. 31. thou shalt deny mee thrice ) is an interpretation of the word offended, and shewes, that to be offended, is to deny Christ. And so Joh. 16.1. These things have I spoken unto you, that ye should not be offended ; where Christ foretels the persecutions that should befall them, that they might be forewarn'd too, and not fall off, when they befall them. [sect] 9. These are the chief, if not all the places to which the second old Testament acception of the word Scandall in a Metaphoricall borrowed sense belongs, and of all of them, and each, you may observe, [sect] 10. 1 That Scandall signifies either some sinne, the occasion of farther sinne in others; or else somewhat else, which though it be not sinne, yet occasions sinne in others, though very indirectly sometimes, as the Crosse of Christ: and whether in one or other, the rule will be, that he that is offended or Scandalized, doth directly commit some sinne, and that, for most of the places, the sinne of infidelity, or foresaking or denying Christ. [sect] 11. 2. That the being Scandaliz'd, falling off from Christ, (or the effect which followes that occasion,) hath no reflection or influence (in any of the places) on that which was the occasion; so as to make it sinfull or avoydable, if it were not so before, (as will appeare to any that will survey the places) and consequently that anothers being Scandaliz'd is not sufficient to lay a charge on him, whose action (otherwise not chargeable or criminous) was the occasion of his being scandaliz'd. Let the Crosse of Christ, with which so many were in this sense, scandaliz'd, suffice for a proofe of this. [sect] 12. Other places there are which must be interpreted by bringing the metaphore from the first of the 3 senses, as it signifies a snare or gin to catch one in. So Mat. 16.23. Thou art an offence unto me, i.e. by expressing thy detestation against my sufferings, thou labourest to bring me into an horrour and feare of suffering, and so in effect temptest me to sinne; where you must marke, that though Peter were an offence to Christ, that is, tempted him, laboured to ensnare him, yet Christ was not Scandaliz'd, offended, ensnared, or overcome by the temptation. In the same sense is that Revel. 2.14. of Balaam who taught Balaack balein skandalon, we render it to cast a stumbling block; but sure it is most clearely, to lay a snare before the Children of Israell, to intice them by their Daughters to Idolatry, and by Idolatry to intrap and destroy them. Lud de Dein. In this sence Scandall is so perfectly all one with Temptation, that, as a learned man hath observed, the Ethiopick interpreter of the new Testament, instead of Scandall puts a word that signifies Temptation, and the same that in the Lords prayer is put for Temptation: twsnm from hsn in this sense is that of the eye and the foot offending us, Mat. 5.29.18.8. Mark: 9.47. i.e. when a mans eye, or any other member of his body proves a snare to him, an inlet to temptations, a meanes of bringing him to any sinne. [sect] 14. And of those places you must observe againe. 1. That no man is said to be offended, but he that commits the sinne to which he is tempted, and therefore Christ is not said to be offended, that is, really to be wrought upon by that Scandall: but as Satan tempted him, Mat: 4. yet he yeilded not, but overcame the tempter: So here hee uses that other Satan: for to have beene offended in this sence had beene all one with being overcome by a temptation. [sect] 15. 2ly. That the Agent, or he that is said to lay the snare or to offend, sinneth also (as in all the places it will de facto appeare that they did) though no body be taken in it, as he that tempteth to evill commits a sinne, though his temptation prove not effectuall. The setting of a snare being a positive act, a note of a treacherous designe, though it do not succeed. And therefore in 1. Macchab. 1.36. the laying of snares for to intrap the Isrealites, or bring them from observing the Law, is call'd there by the devills name, an evill Adversary, or as the Greeke hath it, a devill to Israell. diabolon tōi Israēl [sect] 16. A third and last sort of places there are that referre to the third mention'd acception of the word, as it signifies a stumbling blocke, so when the word stone is joyned with it, or the Greeke word that signifies stumbling, petra skandalou proskomma so Rom. 9.33. Christ is called a stumbling block, and rocke of offence, i.e. an occasion of fall, or sinne in many, and consequently of increasing their condemnation, as he saith, if he had not come, &c. they had not had sinne, i.e. had not beene so great sinners, had not beene guilty of the great sinne of unbeleife, and crucifying of Christ: and therefore Simeon prophesies of Christ, that he would be for the fall of many in Israel; many sinnes his comming should be the occasion of. So Rom. 14.13. That no man lay a stumbling blocke, or scandall (which we render an occasion of falling) in his brothers way, that is, do or practise any thing, that may bring another that comes after him, upon his nose, or to commit any sinne. So 1 Pet. 2.8. Christ is called a stone of stumbling, and rocke of offence, at which to stumble is to be disobedient to Christ. so Rom 14.21. stumbleth or is offended, or is made weake, i.e. by following thee, doth fall, commits some sinne, doth some act unlawfull for him, (though simply it were not for thee; it being against his Conscience, though not against thine) and so by falling bruises and weakens himselfe, makes himselfe lesse able for Gods service, then he was: for so every sinne against Conscience being a greiving the spirit, is consequently the spirituall weakening of the man, or if you will (as in St James asthenein signifies c.5.14) the wound or disease of the soule. So againe, 1 Cor. 8.9. stumbling block to the weake, and v. 13. where the case is clearely the same that we last mentioned: that if any man by doing any indifferent thing (which he in Conscience is inform'd to be perfectly lawfull for him to do) shall occasion another mans sinne by doing that after him which he is not resolv'd to be lawfull, that man offends against that charity due to his brother, and therefore must thinke fit to deny himselfe the use of that liberty which Christ has given him. To this may belong that other place, 1 Jo. 2.10. where that phrase (there is no Scandall in him) seemes to signifie, falls not into those sinnes that ignorant men or uncharitable (who are said in the Antithesis, v. 11. to walke in the darke) are subject unto. One place more there is belonging to this parpose, where though the word Scandall be not used in the Text, yet proskopē, offence, is used, and that I confesse to be all one, and it is 2 Cor. 6.3. giving no offence in any thing; where yet offence is interpreted by Beza, quippiam ad quod possint impingere, any thing that others may stumble at, or be alien'd from the Gospell by; as if we faile in any Christian duty (mentioned v. 4.5.6.) they that see us, would be apt to do: and so that which followes imports also (that the ministry be not blamed) that is, that our Actions be not justly reprehended or found fault with, but in all things approveing our selves. &c. [sect] 17. And of this third sort of places 'tis observeable againe, 1. that he that is offended, sinnes himselve, stumbles, and falls, and bruises himselfe, and 2. that he that is the occasion of his fall doth not alwayes sinne (for Christ, and grace, and that which should have beene for their wealth, proves to many an occasion of falling) but yet sometimes he doth: as if he purposely in a matter indifferent, when he might have chosen, doth any thing which another whose Conscience is doubtfull, doth after him, and so sinnes; nay if he do not absteine from that indifferent action, when he sees that consequent likely to follow; nay if he be not carefull to observe, whether the consequent be likely to follow, and if so, to absteine. This third sort of Scandall you see is applyed peculiarly to one kinde of actions, those by the doing of which another coming after, and doing the same, falls into sinne, as when either the example was sinfull, or being indifferent in it selfe is against the other mans conscience, and so being immitated by him, is in him a sinne against conscience and not indifferent. And then [sect] 18. Another sort of actions there are which may though not so directly, yet not improperly be referr'd to this head, as, when I do any thing in its selfe not unlawfull, yet very apt to be mistaken by other men, for somewhat else which is unlawfull; and see it strongly probable, that those which will be apt so to mistake, will be as apt also by occasion of this action of mine, to commit that other sinne which they conceive me to have committed, or to confirme and harden themselves in that sinne thorow that mistaken example of mine, which they might otherwise probably have reformed, if they had not received incouragement by this action of mine; And if question be made, what is to be thought of this, I answere, that although I am not sure that that place of Scripture in our English Bibles which commands [ to absteine from all appearance of evill , 1 Thess. 5.22.] doth come home to this purpose, (because apo pantos eidous which we render [ from all appeareance ] may beare another sence, and signifie no more then from every kind or sort of evill, for so both the Greeke eidos, and latine species import; and with all, appearance of evill is so uncertaine, and inconstant a thing, that to abstaine from it universius cannot be the matter of any possible command. And againe, though I dare not from that other præcept of hosa euphēma osa euphēma whatsoever is of good report Phil. 4.8 conclude it unlawfull to do any thing which hath the ill lucke to be of ill report i.e. to be mistaken for a sinne (because 1 there is no prohibition in that place interdicting the doing of every thing which is of ill report, 2. no analogy of other Christian rules to inferre such prohibition, it being rather the fate of all Christian virtues to be evill spoken of, and the receiving the praise of men, being branded by Christ as unreconcileable with beleeving, 3 because some actions of Christ were of ill report, particularly that of eating and drinking with publicans and sinners, (which rendred him suspected for a glutton) and that of casting out of Devills (which was defamed for sorcery or compact with Beelzebub,) 4 because that which is of ill report with one, may be of good report with a thousand others, and there the judgement of that one will not be considerable against those thousand to defame an innocent laudable action) yet still I conceive that the great obligation to philanthrōpia and philopsychia, loving of all men, and desireing the good of their soules, which lies upon all Christians (by force of Christs example, and legacy, and precept of charity) will extent so farre, as to have the force of precept that every man absteine from such purely indifferent actions (being so in themselves, and then by the Magistrate uncommanded) which he foresees will be thus mistaken for unlawfull by those who are likely to be moved by his example to commit those sinnes which they conceive him to have committed; this being an inseparable attendant of my charity to my brothers soule, to use all lawfull meanes which my conscience tells me will be to his ghostly health, or preservation. [sect] 19. Meane while some difference may be observed in things indifferent, some being commendable, though not commanded; of use, though not of necessity; and such as extra causam scandali I should on pious considerations be moved to choose, or practice: and in this case, if it be demanded whether that sole feare of scandall ought to restraine me from that which all other motives rather incline me to, and so make me absteine; or whether I should rather claime the priviledge of my Christian liberty, and that make me not to absteine. I answer that a middle course may yet be better then either extreme crudely taken: that is, that I ought to do my best to free this laudable indifferent action of mine from the evill colour that it is capable of, by rectifying his judgement whom I discerne to be mistaken in it, and by declaring (either expresly, or by some significative character of my intentions fastened to my action) the clearenesse and innocency of my purposes to any other that may be so mistaken; and by so doing if I cannot free my selfe from this uncharitable censure, yet I shall be sure to keepe him from any danger of following me to that sinne; for sure my very disclaimeing of that sinne which he suspects me guilty of, will divest that sinne of all authority which it may receive from my committing it, and not invite, but rather deterre and fortifie others from falling into that sinne, which they see disavowed and disliked by me. For if my authority be of any force with them, it will perswade them to absteine from that which I disclaime, and professe my selfe to hate (who certainely know my owne minde best) rather then to do, what they only conceive I do, but I professe I do not. And therefore the case being thus set of the commendable usefull indifferent, not of the meere frivolous unconsiderable, when the use and gaine of my action to me is certaine, and the danger of being mistaken by others at most but possible, and that also preventable by these other meanes, neither piety nor prudence will advise to absteine from that healthfull food, which if it be by accident unhealthfull to others, hath yet an antidote administred with it. Which will be yet farther heightned also, if this laudable indifferent fall out to be such as the examples of holy men in scripture, or the practise of the Church in purer times have given countenance to, especially if the perpetuall current of antiquity have commended it to us: for certainely these will be of great authority with all prudent pious men, and the more early and Catholique that practice, the greater that authority. [sect] 20. 'Tis true, very strict rules in many particulars the Judaicall law of the old Testament did prescribe, forbidding many indifferent things, on this only ground, because the using them might seem a complyance with the heathen customes of Idolaters. Such was that prohibition Ex. 34.26. thou shalt not seeth a kid in the mothers milk, in the sacrifice of the in-gathering; given no doubt in opposition to the Gentile practice of those which at the time of gathering in their fruits, solemnly used this custome of seething a kid in the dammes milk, and then in a Magicall way, sprinkled their trees and fields, & gardens with it to make them fructifie the next yeare, as Abrabenel, and others out of Jewish Writers have observed. Such was also the prohibition, Lev. 19.27. against rounding the corners of their heads, in reference to the hypotrochala keiresthai, or, perixyrein tous krotaphous the round cut used by the Arabians saith Herodotus Thal. c. 8., and thereupon forbidden the Jewes, and a woe pronounced Jerem. 9.26. epi panta perikeiromenon, &c. on every one that was so cut round, Si adjuverit tonsorem , saith Maimonides De Idol. c. 12., if he directed, or willingly permitted the Barber to put him into that heathenish guise: And many others in the Old Testament of the like nature, and the following Rabbins have added many more directions, if not percepts of the same nature. That one booke of Maimonides concerning Idolatry will furnish the Reader with store of examples: but some such as do not so well become the gravity of that author; as that, c. 3. If the Jew hath a thorne in his foot, when he is neer an Idoll, he must not stoope to take it out. c. 7. If a tree have been worshipt, or an Idoll set in it, it is not lawfull to sit in the shade of the trunke or body of that tree, though of the boughes or leaves it be lawfull; if there be any other way it is not lawfull to passe under it; if none, then he must run by it. Dionysius Vossius in his notes on that author hath added some parallel passages out of other Jewish writers as that of R. Menasse who being shewed an Idoll, did in contempt cast stones at it, which action of his, because the image was the image of Mercury (who was wont to be worshipt by the Heathens after that manner, by throwing stones at, or scattering stones before him, to which custome or ceremony the Mercuriall Statues referre, saith Phornutus peri theōn) was therefore noted, accused, brought before the Judge, and by him pronounced to be unlawfull, because it was the proper worship of that Idoll, though used in despight, not civillity by that man. So againe if there be but one way to an Idolatrous City, it is unlawfull to go that way, Aboda Zara c. 1. [sect].4. and so, saith he, the Hebrews in Rabot mention a tradition, that the reason why Mordochai would not bow to Haman, was, because there was woven in his garment the image of a false God. [sect] 21. Some instances also might perhaps be brought out of the practice of the ancient Christian Church (mentioned by Tertullian de Cor. mil:) to this purpose of absteining from things indifferent, for feare of any appearing complyance with the Heathens. Of which yet it must be observed 1 that this was in things of no manner of spirituall use or profit, neither commendable, nor advantageous, in things of ancient Christian prescription, or practise of purer times. 2 that it was in matters of such a quality, as that complyance would have seemed a dissembling or renouncing of the Christian faith, (and not of imitating of former purer Christians) and so contrary to that great Christian duty of confessing Christ before men, which they could not be said to do, who when that confession was persecuted, did thus comply with or not professe open dislike of the actions of those persecutors. And so those instances will not be so proper to the matter of Scandall, as to that other head of Christian duty, the necessity of confessing of Christ before men, (those especially who are the greatest oppugners of him, to which matter also those other Judaicall instances do belong) unlesse that non-confessing of Christ, may by the example scandalize also. 3 That the same men thought it not amisse, or unlawfull at other times to comply with other as great enemies of Christianity as the Gentiles, namely with the Jewes in observation of some of their out-dated ceremonies, nay thought themselves obliged so to do, when in prudence they conceived it more likely to gaine those enemies by that meanes, then to confirme them in their dislikes of Christianity, or drive others to those dislikes. 4. That even with the Heathen themselves they could in other things think fit to comply also, when prudence dictated that complyance as more instrumentall to Christian policy; and from these premises: 5 that this whole matter is to be referred to the Christians pious discretion or prudence, it being free to him either to absteine or not to absteine from any indifferent indiffererent action (remaining such) according as that piety, and that prudence shall represent it to be most charitable and beneficiall to other mens soules; and he that shall not thus regulate his actions by what he is convinced will be thus most conducing to that grand Christian end, the saving or not destroying, or not suffering sinne upon his brother, shall not by me be excused from the guilt and blame of having Scandaliz'd his brother in this last new Testament sence, at lest in some other which is not farre distant from it; though after all this it must be observed, that he which thus is betrayed to, or confirmed in any sinne by conceiving me to have committed it, when I have not, (this easie prostitute seducible sinner who will thus sinne upon any, upon no occasion) is not Saint Pauls weake i.e., doubtfull-conscienc'd Christian of whom he takes such care that he should not be scandaliz'd. For such is he only, that for want of knowledge of his just Christian liberty, thinkes it unlawfull to do those things, which being indifferent in themselves, are only unlawfull to him, which beleeves them so, or is not satisfied that they are lawfull; This weaknesse in faith, (a kind of disease of the minde, and so in the new Testament phrase astheneia) being only want of knowledge or of orthodox instruction, as will appeare by comparing Rom. 14. with 1 Cor. 8. where the asthenōn tēi pistei in one, is all one with the ouk en pasin hē gnōsis in the other, weakenesse in faith, with want of knowledge. [sect] 23. The only matter of question or difficulty behinde in this particular will be, why those who are in such Judaicall errors are sometimes appointed by Saint Paul to be so tenderly handled, not to be vilified, or set at naught Rom. 14.3. but care taken that they be not scandaliz'd in the end of that chapt: and 1 Cor. 8. and yet in the Epistle to the Galathians, they are by the Apostle reviled [O foolish &c.] c.3.1. and chid and reproached out of their Judaicall performances, and no care taken of not scandalizing them. The answering of this will require us to consider the different estate of those Galathians from those Romans. The Galathians had beene formerly Gentiles, and (though as it seemes not improbable from Gal. 4.9. formerly converted to Judaisme, yet) by Saint Paul thoroughly converted from thence and baptized into Christianity, as that is opposite both to Judaisme and Gentilisme also, i.e. fully instructed by him in the nature of Christian doctrine, and liberty, and had given up their hearts as well as names unto it, only after they had beene begotten by Saint Paul in the Gospell, had begun in the spirit, Gal. 3.3. had come to an absolute abrenunciation of all their former Jewish perswasions, and to some good progresse in Christianity, some false Judaizing teachers began to corrupt and poyson them, Gal: 3.1. and 5.7. and to bring them backe againe to that yoke, that they had beene taught to cast off; and these taires the Apostle could hope by reprehensions and sharpenesse to root out without endangering the wheate, and therefore sets severely and heartily to it, thinkes not fit either in civility or charity to use any complyances, or condescendings, or softer medicines, (knowing their errors to be contrary to the doctrine, to which they had beene baptized, and consequently that they might in reason give place unto it, and there was no feare that the rooting out of thee would root out Christianity with them, as it might probably do, if they had beene sowen or planted together) but imployes all his vehemence and bowells of kindenesse toward them, in conjuring out that evill spirit that had so lately got possession of them, and doubts not but Christianity that was earlier planted in them, (and that by him who had begotten them in the Gospell, and so had a paternall authority with them) then these vaine legall dreames, that some false teachers had lately instilled into them, might be able to survive them also. And in this case being to deale with adversaries and false teachers, not with weakelings but corrupters, had the Apostle used any compliance, had he circumcised Titus Gal. 2.3. (as at another time he did Timothy) had he then given place but for an houre v: 5. suspended the use of his liberty then, when liberty was decryed, this had beene scandalous in the Apostle, this had probably beene the confirming of the erroneous, the incouraging of the adversary, the misleading the doubtfull, shaking the faithfull, and disturbing what he had before settled among them. [sect] 24. Whereas on the other side the Romans at their first conversion to Christianity had not all of them beene taught to put off the opinion of the necessity of legall abstinences tē tou nomou katēchomenoi syneidēsei kai meta tēn pistin, saith Saint Chrysostome in proœm. ad ep. ad Rom. but continued their obligation to the law after receiving of the faith, being some of them (as may appeare by the matter of Saint Pauls discourse to them, in the former part especially of that Epistle) naturall Jewes, dispersed thither; who could not be easily brought to assent to such doctrine, but would probably have refused to embrace Christianity, if it had beene offered to them on such hard conditions, some others of them (who were Gentiles by birth) being perhaps proselytes to Moses and Christ together, partakers of the infelicity of those who are mentioned, Act: 15.5. that by the doctrine of the Pharisee Christians (or beleevers of the sect of the Pharises) had their entrance on the faith, a necessity of receiving Judaisme also prest upon them. This Saint Paul testifies clearely of Saint Peter Gal. 2.14. that he constrained the Gentiles to Judaize, to receive the Mosaicall as well as Christian law, and himselfe durst not converse or eate with the Gentiles whilst any Jewish Christians were by, v. 12. by which whether doctrine or complyance of Saint Peter, it was no strange thing if it came to passe, that those which were by him converted to the faith, (as Eusebius and other Ecclesiasticke historians agree that the Romans were, vid Eccl. hist. l: 2.c.: 14. and 15.) although they were Christian Christi in the positive part, acknowledging so much as was answerable to the now-articles of the Creed. &c: yet being not so in the negative, concerning the evacuating of the Judaicall law (but rather perswaded of the contrary) could no more eat swines flesh, then a meere Jew could do, and therefore 'tis Saint Chrysostome's opinion that these being so wedded to those Judaicall observances, rather then they would eate forbidden flesh, would in universum eate no flesh at all hōste mē ginesthai euphōratoi, tōn choireiōn apechomenoi monōn, pantōn hexēs apeichonto tōn kreōn, and so came to eate nothing but Herbes Rom: 14.2. [sect] 25. Of these therefore that were thus weake in faith, v. 1. that is either infirme, feeble, uninstructed Christians, babes not men; or else (as the fathers enlarge the sence, and as weaknesse astheneia mostly imports in the new Testament) sick and diseased in mind, brought up in this Judaicall error, the Apostle Ro. 14. gives these directions. 1. That the stronger healthfuller, i.e. more knowing and more Orthodox Christians should proslambanesthai (the vulgar read assumere) take them to them, first freindly to afford them communion, and not seperate from them for this errour, 2ly. labour to cure their malady, get them out of their errour, and not leave them in the pride and folly of their owne hearts, to judge and censure those who have done nothing amisse, but rather desire their good (which Saint Chrysostome understands by proslambanesthai mē eis diakriseis dialogismōn, and so Saint Jerome also, intending it thus, Nolite secundum vestras cogitationes, quæ rex non judicat judicare, alius enim credit &c.) and from that verse observes, that though the Apostle exhorts the strong, yet he covertly reprehends, and on their backs as it were whips, the weak or erroneous Judaizers, first in saying they are sicke, 2 in bidding proslambanesthe autous which is an evidence saith he, eschatēs arrhōstias that they are in very ill case, and 3 in mentioning diakriseis which notes (saith he) that they judge and censure those that least deserve it, and that are willing to communicate with them, and labour the curing of them; and indeed that these weake ones did so judge the strong is plaine v. 3. where the exhortation is distinct, let not him that eateth not, judge him that eateth.) 2ly. That the knowing againe should not vilifie or set at naught the weaker [mē exoutheneitō v. 3.] not call him Racha, empty sencelesse fellow, not reproach or scoff at his scrupulous conscience, but in charity suppose it to proceed from want of knowledge only, and consequently to have the excuse and benefit of that Gospell antidote, weakenesse or ignorance to plead for it, 3ly. That the stronger Christians (which although they have liberty, yet are not obliged alway to make use of it) absteine from those lawfull enjoyments which those weake ones, which count them unlawfull, may yet by their example be embolden'd against Conscience to venture on. [sect] 26. But then on the other side, the weake or sicke erroneous Christian, that cannot with a good Conscience use that liberty himselfe, is commanded. 1 Mē krinein that he do not judge or censure the strong, upon 2 reasons: 1 because ho theos auton proselabeto v. 3 God hath by calling him to the faith, assumed or received the strong (as that strong had beene exhorted to do the weake v. 1.) eis philian to freindship or communion first, (as proslambanesthai is used Philem. 12.) then to helpe and cure him of his former defect or disease, and bring him to his perfect health and growth in Christianity: and 2ly. because he is Gods servant and domesticke, and stands and falls to his owne Master v: 4. 2ly. That he be sure never to do any thing against Conscience, or which he is not fully perswaded in minde, that it is lawfull for him. [sect] 27. Having thus seene the state of those Romans, it will be superfluous to add much about the Corinthians in the almost parallell place 1 Cor. 8. This only difference will be worth noting betweene them, that (as there were two sorts of proselytes among the Jewes, one of Justice, or of those that undertooke the observation of the whole Iudaicall law; the other of the Gates, those that received only the precepts of the sons of Noah, of which the absteining from things offered to Idols was one, and as when the difference was betwixt the brethren, Act. 15. whether the Gentile-converts should be circumcised v: 1. i.e. be admitted proselytes of Justice, or only receive the 7 precepts of Noah, absteine from things offered to Idols &c. v:19. it was determin'd in the Counsell of the Apostles, that it should suffice, if they were proselytes of the gates, and therefore they tell them that if they thus be entred, absteine from things offered to Idolls, &c. they shall do well, so) the Romans being either Iewes, or under the first head of Jewish proselytes, in Saint Chrysostomes opinion, and so thinking themselves bound to all legall Mosaicall abstinences, the Corinthians were only under the second, and so by their principles, which they had received of those, who converted, baptised, and begot them in the faith, (and that according to the result of that Apostolick consultation Act. 15.) did continue to thinke it unlawfull to eate any thing offered to Idolls, or that came from an Idoll feast (which yet by the way Saint Paul resolves was but an errour in them, 1 Cor. 8.4. and by that judgement of his you see the unobligeingnesse of that interdict, Act. 15) and therefore (in like manner, as before) those, that were better instructed then they, ought to have that charity to them, as not to do any thing in their presence which might by the example draw them to venture on that which was against their conscience, especially considering, that they had not knowledge or understanding enough to judge how nothing an Idoll was v:7. [sect] 28. Having thus compared the Romans and Corinthians with the Galathians, and given some account of the reason of their different usage, it will not be amisse to add what Saint Chrysostom observes to be the cause of the like difference in Saint Pauls behaviour to the Colossians from that fore-mentioned to the Romans. It is a speciall passage in his proœme to the Epistles. Where having mentioned the order wherein the Epistles were written, different from the order of setting them in our bookes, concludes that this was no unprofitable disquisition, for thereby many passages in the bookes would be interpreted: As, that Rom. 14. he condescends to the weake brethren, but not so Col: 2. which saith he was for no other reason, but because, that to the Romans was written before the other, and therefore as Phisitians and Masters deale not so sharpely with Scholers or patients at first as afterwards, so the Apostle in the beginning synkatabainei Ioudaizousi, meta de tauta ouk eti, adding that he was not so familiar with the Romans as yet, having never beene amongst them at the time of writing that Epistle to them, as appeareth Rom. 1.15. [sect] 29. By all this 'tis cleare indeed, that those which are thus weake (either in the notion of babes or sick men) so that they are not able to discerne lawfull from unlawfull (as the Idoll to be nothing 1 Cor: 8.7.) meerely for want of sufficient instruction, or somewhat proportionable to that principles of understanding, or the like; but especially if they received those errors or mistakes together with their Christianity from the Apostle or from the Church which gave them baptisme, they must then, 1 in meekenesse be instructed, and cured of their ill habit of soule: 2 not be vilified or reproacht: yea thirdly be so charitably considered, that till they have received satisfaction of conscience and reformation of errour, we are not to do any thing in their presence, that may by the example bring them to do what their conscience is not perswaded to be lawfull, or if we do, we are said to scandalize a weaker brother, i.e. an erroneous Christian. But then withall 'tis as cleare: 1 That those who have first received the true doctrine, and are for some good time rooted in it, that are otherwise taught by the Church that gave them baptisme, are not within the compasse of this the Apostles care, but, (as the Galathians) to be reprehended, chid, and shamed out of their childish errours, these diseases of soule that their owne itching eares have brought upon them: 2 That they that have knowledge in other things, nay are able to distinguish as critically as any, even to divide a person from himselfe, and obey one when they assault the other, (and by their subtlety in other matters demonstrate their blindnesse in this one to be the effect of malice, of passion, of lusts, of carnality, and not of any blamelesse infirmity or impotence,) are againe excluded from the Apostles care: and so thirdly that they that are come to these errours by the infusions of false teachers, which not the providence of God but their owne choice hath helpt them to, preferring every new poyson before the ancient dayly food of soules, have no right to that care or providence of the Apostle, any farther then every kinde of sinner hath right to every thing in every fellowChristians power which may prevent or cure his malady, i.e. by the generall large rule of charity, and not the closer particular law of Scandall. Nay fourthly, that the case may be such, and the adversaries of Christian liberty, the opposers of the use of lawfull ceremonies so contrary to weake blamelesse mistakers, that it may be duty not to allow them the least temporary complyance, but then to expresse most zeale in retaining our lawfull indifferent observances, to vindicate our liberty from enslavers, when the truth of Christ would be disclaimed by a cowardly condiscending, the adversaries of our faith confirmed and heightened, and the true weakling seduced, (a copy of which we read in Saint Peters apostolē, Gal. 2.12. and Barnabas and the Jewish converts being carryed away with it v. 13. falling by his example into the same fault of dissimulation, pusillanimity, non-profession of the truth) which is a most proper kind of scandall, as frequent, and incident, as any, and so being as dangerous, as fit also to be prevented. To which I might add a fifth proposition also, That the Apostles speech of scandall Rom. 14. and 1 Cor. 8. hath beene thought by holy men among the ancients to have much of civility in it, at the most to be but an act of Apostolicall care for those weak ones, (proportionable to those which in other places he prescribes for every other kind of sinner) both which are farre enough from being able to inferre any claime or challenge of those weake for themselves, any farther then what the first part of it amounts to, that of instruction; or at least the second, that of not being vilifyed, as the sicke hath right to the Physitian, to cure him and not to reproach him, civilly to get him out of his malady, i.e. to rectifie not to scoffe at his mistake. For, that he should challenge any right to the third part of that care, that he should restrain me frõ the use of my lawfull liberty, because else he will sin against his own conscience, do after me what he resolves unlawfull to do, supposes a willfull sinne of his to be to him a foundation of dominion over me, & so that every man that will thus damne himselfe, doth for that merit and acquire command over me, which if it be supposed, is sure as wilde an extravagant irregular way to power, as that of its being founded in gratia, or any that these worst dayes experience hath taught us. [sect] 30. Having thus farre expatiated on this last kinde of scandall, and taken in that which is proper to it, and also that which is more distant from it, I shall now resolve it necessary to add yet one thing more, instrumentall to the understanding of this kinde of Scandall in the stricter notion of it, by way of farther caution and restraint, and 'tis this, that [sect] 31. This being offended, stumbling and falling in this third and last sence, is not to be extended to all kinds of sinnes, which a man may commit upon occasion of another mans indifferent action; but only to that one kinde, that consists in doing that after him, either doubting or against Conscience, which he did with an instructed Conscience; or at most to this other kind also, of doing some unlawfull thing which anothers lawfull action was yet by mistake conceived to give authority to; and which that man probably would not have done, had not that mistaken example thus emboldened him. For if all sinnes that by any accident might be occasioned by my indifferent Action, should come under the nature of being offended or scandaliz'd, consequently I must be interdicted all indifferent actions at all times, because at all times each of them may occasion (by some accident) some sinne in another: and 'twill be impossible for me to foresee or comprehend all such accidents that may occasion such sinnes. An action of mine may by accident produce a contrary effect; my fasting from flesh, may move another (that dislikes me) by way of opposition to me, to eate flesh, though in Conscience he be perswaded he ought not; as in philosophy there is a thing call'd Antiperistasis (by which excessive cold produces heat) and æquivocall generations, as when living creatures are begotten of dust and slime: and for such acidentall, perhaps contrary productions, no law makes provision, no care is effectuall; only for those effects, that per se, of their owne accord are likely to follow (as transcribing a Copy is a proper consequent only to the writing of it) these the law of the Apostle belongs to, and to them our care and spirituall prudence must be joyned, so that we do nothing, though to us never so lawfull, which we have reason to feare, that another who thinkes it unlawfull, may yet, without satisfying his Conscience, be likely to do after us, or on occasion of which he may probably do something else, which otherwise he would not venture to do. [sect] 32. Having thus farre dealt in the retaile and gone over all the kinds of scandall single, we may now ascend to the consideration of all in grosse, and then also these Corollaries will be found true, that from all kinds of Scandall it is cleare. 1, That no man is offended or scandaliz'd, but he that falls into some sinne, and therefore to say I am scandalized, in the Scripture sense is to confesse I have done that which I ought not to have done: and then my onely remedy must be repentance and amendment. [sect] 33. 2. That to be angry, grieved, troubled at any action of another, is not [to be offended] in the Scripture sense, nor consequently doth it follow, that I have done amisse in doing that which another man is angry at, unlesse my action be in it selfe Evill. For if it be not, then 1 he is angry without cause, and that is his fault, not mine; yea and krinei adelphon, he judges or censures his brother that hath done no hurt, which the weake is forbid to do. Rom. 14.3. And secondly, he is of all men most unlikely to do after me, which he is angry at me for doing, and therefore I have least reason to feare, or possibility to foresee, that he will be Scandaliz'd in the Scripture phrase: which feare or foresight were the only just motive to me to absteine from any justifiable indifferent action. [sect] 34. The occasion of the mistake (or in the Philosophers stile the aition tou pseudous) the reason that men think it a fault to do any indifferent thing that another is angry or displeased at, is first the equivocallnesse of the English phrase to be offended for that in English signifies to be displeased: but in Greeke (the language wherein the new Testament is written) it signifies no such matter, unlesse by accident, when being displeased with Christ, makes a man deny him and forsake him: but then also 'tis not the being displeased, but the forsaking or denying him that is meant by being offended, that is Scandaliz'd. [sect] 35. Or Secondly the use of a word that sounds like this in that notable chapter concerning Scandall Rom. 14. for there indeed v: 15. this phrase is used, [if with thy meate i.e. with thy eating, thy brother is greived, or made sorry.] Where yet 1. I hope 'twill be much more just that that one single word should receive its importance from the whole context, then the whole context from that one word. The whole context from the 13. to the last verse belongs to the 3 sort of Scandall when a weak brother seeing me eate what is lawfull for me, because my Conscience is instructed, followes me, and eates too, though it be with a doubting or resisting Conscience, and so falls into sinne; as appeareth v. 14. to him that thinketh a thing uncleane or unlawfull, to him it is so, and therefore if he shall do it, he sinnes by so doing, and v. 23. he that doubteth is damned if he eate, and therefore in all probability that must be the meaning of the 10 verse also. [Is greived] i.e. wounded, or falls into sinne.] explained by 3 words v. 21. stumbling being offended, and being weake or sicke. And so it may easily be resolv'd to signifie. For secondly lype, greife, may be taken for the cause of greife, a disease, or wound, or fall &c. as feare in Scripture signifies danger, which is the cause of feare, according to a vulgar Hebraisme ordinary in the new Testament, where for want of the conjugation hiphil, which in Hebrew signifies [to make to do any thing] the Greeke is faine to use the active to do. An observation which Hugo Grotius makes use of to explaine that Phrase (I shall not enquire how truly) Mat. 19.9. and resolves that there moichatai [committeth adultery] must signifie [maketh her from whom he divorceth to commit adultery] parallell to what we read, Mat. 5.23. So also penthein, to bewaile 2 Cor. 12.21. signifies to punish, to use sharpenesse, which will cause greife, or wayling in them that suffer it. The word is very neare this other of which now we speake, and therefore Hesychius (the best glossary for the new Testament,) renders penthos both by symphora calamity, and lype greife: i.e. greife and the cause of greife; which is also very bservable in the use of this very word lype or lypein in the Septuagint; the word tonod which signifies infirme, or weak, or sicke, being rendred lypeisthai Lam. 1.22. hē kardia mou lypeitai, where we render my heart is faint, and so Is. 1.15. pasa kardia eis lypēn, the whole heart is faint, by faintnesse meaning sicknesse: which is the cause of greife; and therefore the same Hebrew word, is in other places rendred odynē, affliction, or pain, and nosos Disease Deut. 7.15. agreeable to the 21 verse of that Ro. 14. where stumbling or being offended is explained by being made weake, which phrase is not to be taken in the sense that weakenesse is used in, v: 1,2. that of infirmity or errour (for such he is, before stumbling) but in this other as weakenesse and disease, i.e. sinne, are all one. So also another Hebrew word rkh' which signifies perdition, and destruction, and is frequently rendred by apōleia, is once interpreted lypē Prov: 31.6. hoi en lypais, for which our English read ready to perish; very agreeable to which doth Saint Paul here interpret, greiving the brother by destroying him. i.e. bringing him into some snare or sinne; the notion of Scandall, which all this while we speake of. From all which observations, and analogies it will be no rashnesse to conclude, that lypeitai, being greived, in that place, is perfectly synonymous with asthenei (which we there render is make weake, and in divers places of the new Testament signifies koinōs disease, or sickenesse, and is so rendred by us, James 5.14. athenei tis is any man sicke) and with apoleitai o adenōn 1 Cor. 8.11. in the same matter, thy brother is weake, and dyeth, or perisheth through weakenesse, and with the like phrase in this chapter also, in the end of verse 15. All which clearely denotate the disease or perishing of the soule i.e. sinne, which will destroy, if repentance and mercy intervene not. [sect] 36. The 3 (which is indeed the maine) occasion of the mistake, is an ordinary but an unjustifiable humour of men, to accuse and condemne all whom they do not like i.e. a desire to lay some crime to the charge of them, with whom they are angry, if it be but se defendendo, that they may not be said to be angry without a cause, and when they cannot finde any such reall crime, then they fly to the case of Scandall, and mistaking that for offending, or displeasing, or occasioning anger and dislike, their being angry with them, must make them with whom they are angry, criminous; which what a circle it is, first to be angry without a cause, and then to make that a cause of anger, (i.e. a sinne in the other) because I am angry, I conceive will not be hard for any to understand. [sect] 37. I will only adde, that if another mans displeasure or anger at my indifferent action, should make that my indifferent action a sinne against him, then any mans sinne of uncharitablenesse against me must make me to be uncharitable, for so I should be, if I sinned against him in scandalizing him: but if I were not so before, his sinne (being utterly accidentall and extrinsecall to me) shall not, I hope, make me to be so now. [sect] 38. To all which I shall here insert this appendage, that even for proper-scripture-scandalls, the criminousnesse of them is not to be measured by the event, but by the naturall scandalousnesse, or aptnesse to give Scandalls inherent in them; for I conceive God passes Judgement upon sinners by intuition, not by prevision, by seeing what the sinne is in it selfe, and in the aggravating circumstances that are inseperable from it (as that it is apt to give scandalls &c.) not by the casuall consequents that may possibly either follow or not follow. And I conceive, that that opinion of the Papists (on which they lay part of the foundation of their Purgatory) that men may after their Deaths sinne, and have more acts of sinne lying on them, (by reason of other men sinning by the scandall which they gave in their lifes) then they had at their Death, and so require in just recompence, some punishments increaseable above what they could be adjudg'd to at their death, is but a phansy or Schoole-notion, that hath some shew of truth, but little substance, seeing God punisheth every man by the verdict of his owne Conscience; and therefore that other sinne, which my sinne is apt to produce in another, will be by way of aggravation, layed to my charge by God, that sees my heart, and the inherent scandalousnesse of that action of mine, (though that other man by the grace of God do resist the Temptation which my Scandall gave him,) as much as if he had not resisted it, and so as his not sinning shall not excuse and lessen my fault which was apt to have brought him to sinne; so in like manner, if he do not resist the temptation, or if by occasion of it, he fall by accident (i.e. by the motion of some other part of his temper) into some other sinne, to wit that of causlesse anger (which no action of another can be said apt to produce; for if it might, the anger would cease to be causlesse) this accidentall fall of his shall not adde to the sinnefulnesse of my act, any more then his former not sinning did detract from it, nor consequently make it sinfull, if of it selfe it were not so. [sect] 39. You will best judge of this truth by an example. That Heliodor a Bishop committed a fault, first in writing, then in setting forth an amorous light fiction or Romance, and then improving that fault by choosing rather to loose his Bishopricke then to subscribe the condemnation of his worke, is and may be reasonably acknowledged; That some men also by reading that Author have since beene transported to the commission of some sinnes, may not improbably be imagined; but having granted all this (and withall that the aptnesse to give such Scandall, was matter of aggravation to his sinne) let me now suppose, that immediately after his death that booke had beene burnt (as before his death it was condemn'd) when he was no longer able to preserve it, would the Councells condemning and committing that execution upon that worke, any whit have mitigated his Sentence in Heaven? to affirme that, were to suppose Purgatory, or somewhat like it, or else that God by his foresight of that act of the Councell should have allowed him that mitigation at the day of his particular judgement, i.e. imputed the casuall future actions of others to the present acquitting of him; and then, besides the many inconveniences that might attend such concessions, it must also follow, that every reprinting of that booke since that time, hath beene a damnable sinne (not only of giving Scandall to such as have beene since infected by it, but especially) of uncharitablenesse to that poore dead Bishop, in increasing his Torments, or making them capable of increase ever since, by giving him a capacity of corrupting more readers; which humanity and charity, and our great obligations to the nature of which we partake, would not permit any good Christian to do willingly; and besides though our prayers may not be allowed to be able to fetch soules out of Purgatory, yet such a not reprinting of his booke might do somewhat like it, prevent the enlargement of his paines, though not make expiation for him. So againe when those obscene pictures that historians mention (as I remember in Tiberius his time) after the Authors death were burnt, and not permitted liberty to corrupt the eyes of posterity, but Aretynes have had the lucke to do it, it would by that Schoole reason follow, that Aretyne though in the worke and the designe but equall sinner, were yet by this mishap of not perishing, become farre more criminously guilty, then that other Author; which sure to affirme were a very irrationall nicety. [sect] 40. 3. A third Corollary, from the veiw of all the places together will be this, that to give Scandall is then most criminous, when it signifies by my example to bring another man to a sinne, especially if this scandalous action of mine be of it selfe a sinne, abstracted from the sinne adherent of Scandall; and then let any indifferent man judge in what degree may those be truly said to scandalize or offend others, (or indeed how they can be excused from that crime) who by being angry with me without a cause, and so committing that sinne against Christs law, Mat. 5.22. do also by so doing not only provoke and tempt me to anger back againe, which is a sinne in me, if I yeild to it, and that more then accidentally caused by them that provoke me, Eph. 5.4. but give other men, who have a good opinion of their Judgement and sanctity, a plaine paterne of that sin of uncharitablenesse to transcribe and copy out, I mean, to sinne also by causlesse anger. [sect] 41. 4. That the great sinne of Scandall in the use of things indifferent, that Saint Paul so speakes of, and resolves against, Rom. 14. is the sinne of uncharitablenesse, or pride in despising and not condescending to the weake brother; meaning by the weake brother not every one that may fall into any sinne (for so every one living will come under that title) but particularly him that is asthenēs tēi pistei, weake and ignorant, and unsettled in the faith; as it is opposed to the strong, i.e. the knowing Christian. [sect] 42. And then let any judge whether this can belong to them who professe themselves leaders of others, and would be unwilling to be counted ignorant, and particularly who in the points wherein they professe themselves to be offended, are so knowingly resolv'd, that they will never be induced to do that after me which they affirme themselves scandalized at: which you may discerne, because they are angry and inveigh against me for doing of it, and do not so much as pretend that they are by my example enclined to do what I do, and so scandalized; but only angry at me, or my Action, and so offended. [sect] 43. Meane while I cannot but confesse that any mans willfull sinne, though it cannot be called weakenesse in our vulgar notion; yet in the other notion of weakenesse, for disease of soule, it may well passe; and deserve to be the object of my charity and compassion, as much or more then weakenesse is: and therefore the uncharitablenesse of my brother or his causles anger against me being such, I conceive myselfe bound to use any lawfull meanes which I can hope may be able to prevent any such sinne in him, or to get or recover him out of it; especially if that sinne of his may become probably over and above his uncharitablenesse, a meanes to stoppe or hinder him in his course of reformation, or farther growth in piety; as probably it will be, if I against whom he is thus unjustly wrath, he be is lawfull Pastor; for then that causlesse anger or rage of his against me may, through his farther default, occasion in him some vow or resolution, never to heare me, never to be moved or perswaded by me in any thing, that out of the Pulpit or in private reasoning or exhortation, I shall (never so convincingly) propose unto him. [sect] 44. In this case it may be demanded whether I ought in charity to absteine from this indifferent action, which I foresee will be the matter, though not the cause of all this sinne in him, of uncharitablenesse and non-proficiency in his Christian course, and whether if I do not so absteine, this be not to scandalize my brother? To which I breifly answer, 1 That this anger or uncharitablenesse of his, is not the being scandaliz'd in the scripture sence, nor consequently in that respect my Action a Scandall, though it be the matter of the anger, or that which he is angry with. [sect] 45. Secondly, 'Tis true indeed that his revolving against my preaching, is in him to be Scandaliz'd, i.e. to fall and be stopt in the service of God: but this only in a generall sense; as every other such hard-hearted obdurate resisting of Gods grace is, or may be called also: and that which occasions this being Scandaliz'd, is not my indifferent action, but his anger or uncharitable conceit of me for it, unlesse æquivocally, or remotely, as my action is the object of that anger, which anger is the Author of that profane resolution. [sect] 46. Yet Thirdly, if I might foresee that my indifferent action would occasion, though unjustly, his anger, and his anger produce the effect before mentioned, I thinke I should do well to absteine from that indifferent action, in charity to him. [sect] 47. But that with these cautions, 1. Unlesse my indifferent action be ordinable to some good Christian use, and designed by me to it; for then, as the Jewes resolve that a tree set for fruit though it chance to be worship't, is not made unlawfull by that meanes, so that indifferent usefull action of mine will not be made unlawfull by the possibility of that ill consequent: Maimon: de Idol: c. 5. Or secondly unlesse that action in it selfe indifferent, by lawfull authority be commanded, and so cease to be indifferent to me who am under that authority: Or thirdly, unlesse my absteining may as probably prove matter of anger to some other of contrary perswasions: Or fourthly, unlesse that my absteining, or receding, or undoing what before I had done, be more likely to confirme him in his errour (which otherwise in time being not yeilded to, he may foresake) then to prevent or allay his causlesse anger and those effects of it. Or fifthly, unlesse I use some meanes in prudence not only sufficient, but probable to prevent this sinne of unjust anger in him before, or to reforme it afterward. [sect] 48. But if my absteining be like to fall into all or any of these inconveniences, then sure I ought not thus to absteine; because when these consequences do attend my absteining, they are nearer and more immediate to my absteining, then his resolving against my preaching, is to my doing of it. [sect] 49. And another consideration also may be taken, that he that will so causlessely be angry and resolve against the ordinary meanes of his salvation, will by the suggestion of the Devill or temptation of his owne corrupt humour, be likely to finde out some other matter of quarrell against me and my preaching. i.e. against his owne salvation, though I by absteining from that particular action, deprive him of that. [sect] 50. And lastly, though I shall not define, yet I would have it considered, whether he that is so disposed in soule and affection, that so gives up the raines of his passions, as upon every or no occasion to breake out into causlesse anger, uncharitablenesse, and the effects of it forementioned, be at all the more innocent or lesse culpable in the sight of God by the not committing of some one act of that sinne, only through wanting that or any other one occasion of committing that act. For as in good things God accepts the will for the deed (if it be a firme and ratified will, a full actuall intention, & want nothing but opportunity to shew it selfe) & againe accepts him that hath exprest that will by ten only acts, being by want of opportunity deprived depried of a possibility of adding one act more to the number, aswell as him, which having the opportunity that the other wanted, hath exceeded him in the number of outward acts. So there may be some reason to feare, that an unresisted, unrestrained propension or consent to evill, that wants nothing, but an occasion to actuate it, will be as criminous in the sight of God, as if (without any improvement or change, but only by meeting with that occasion) it breake forth into act: or that an habituall inclination to sinne in one man ten times actuated in the members, having no more occasions to actuate it, shall be as sadly punished, as the same degree of inclination and intention through presence of occasion once more actuated. [sect] 51. The same Consideration will be proper to other particulars incident to the matter of Scandall. As when any thirsty drunkard actually importunate in the pursuite of his espoused sinne, shall by occasion of my feast fall into an open act of that sinne, (and a hundred the like.) The question then may be, whether supposing him bent to excesse, and not only habitually guilty of it, but actually Intent upon it, and only kept off by want of Occasion, He would have had lesse guilt upon his soule, if I had not then invited him. I conceive it hard to maintaine the affirmative, for though with men, who see not the heart, no sinne is punishable but that in the members (unlesse in case of Treason) yet with God the sinne of the heart and the hand seemes to be equally great, the act of the mind and the act of the body; And the minutely preparations of that to sinne as punishable, as the minutely execution of this. As in the Schoolemens resemblance the pressing of the stone to the ground is as great when it is with-held by my hand, as when it is actually moving toward the center. [sect] 52. I confesse there is somewhat to be said, and perhaps with probability, on the other side. And I thinke Saint Augustine somewhere expresseth his opinion, that though in good things God mercifully accepts the will for the deede, yet out of the same mercy and indulgence he punisheth not so in evill things; Yet because Saint Augustine may perhaps meane the incompleate and not perfect act of the will, (which though we yeild to be lesse then the outward act, yet the compleate act of the will, wanting nothing but opportunity of execution, may still be as great,) Or however, because there are not such demonstrable grounds of resolution, as to yeild cleare conviction to all in this matter, and too assure the Christian that such an Addition of any outward act of sinne shall make the punishment the heavier to the habituall sinner, and so the absence of that outward act alleviate it; therefore, although I said I thinke he should do well to absteine, I dare not yet affirme that he is bound in charity to do so; Nothing but charity binding him to it, and the man that still hath that propension unresisted, being (upon this supposition, which we have made not improbable) like to reape little profit from that charity. As free, and not using your liberty for a Cloake of Maliciousnesse , but as the servants of God. 1 Pet. 2.16. But I say unto you, That whosoever is angry with his brother without a cause shall be in danger of the Judgement. Mat. 5.22.

Religion

OF SCANDALL.

Of Scandall [...]

RelB1650

The Lord is then best praised, when we acknowledge him to be his own praise. JAnuary the first 1649. We embarqued from Wexford in the Hector for Cork, sayled two or three leagues beyond Greenor-bay, but were driven back, the wind turning upon us: upon the Saturday following the wind being fair, we got within sight of Dungarvan, that night proved very windy, and about four in the morning, on the Lords day, a very tempestuous wind arose, and the storm was the greatest that ever any of the Sea-men knew (as they said) the wind was at South-east very thick, we hoped to fetch Cork, being within a mile of the shore, but could not possibly make land: in that distress we put to sea, hoping by that way to save life, the wind continued all that Sabbath day at South-east, South-east and by South, and south south-east, which if the wind had held at south-east, as it was in the morning, we could not have doubled the point about the land, but had been cast upon the rocks: we bore two courses to keep off from the shore all the day, and being as we supposed about the pitch of the Cape Cleere, at nine on Sabbath day night we shipt a great Sea which split and carryed away our foresaile, and so were forced to bring to a fore-top-sail to keep from the shore, and so bore that foretop sail till two in the night, in which time we were forced to cut our Anchor from the bough to save the ship from foundring, we having at that time five foot water in the hold. The Monday morning we were ten leagues to leeward of the Cape Cleere, and the wind was up at South-west, then we made all the sayl possible to fetch some harbour, and it pleased God, we made the Cape, hoping to fetch Baltamore, but the wind comming up at South-east and by cast, we were forced to Sea again all the night, the wind continuing at south-east, south-east and by south, and south south east. Tuesday we made the Misne head and could fetch no harbour the wind being still at south-east. Wednesday the wind came up at west, and we made for shore again, and came up as high as Galley-head hoping to fetch Kinsale; about three in the after-noone the wind came up at east south-east, and then we hoped to recover Castlehaven before night, and made for it, and in our running in, the wind veared at south-east and blew very fresh, and we still hoping to gain the harbour, ran in, knowing no other way to save life, the wind being so contrary, it grew extraordinary thick, rained and blew much, we fired three or four pieces of Ordnance (for lights) and saw one light from the Castle, as we supposed, and two other lights to the Eastward, which put us to an amazement, not knowing whether they were friends or enemies, and could not possibly see the going into the Harbour, but were in the very breach of the shore, the sight whereof caused a great scrick in the ship, and thereupon brought our ship to, hoping thereby to have come to an Anchor, which if we had done, we had been past all hopes of life, the rock being so neer would have cut our Anchor, but God being most merciful in that nick of time, the seamen dispairing of life, the wind at an instant came up at East, which carried us into the sea, and yet so great was the danger, that if the wind did not turn again to the West in less then half an hour, we were dead men, by reason of the rocks, called the Stagges, so we came in a little time within sight of the rocks, the wind driving us strongly upon them, and then seeing the rocks within a ships lengths of us, we put our ship to stay, which she would not, the sea being so extremely grown, the Sea-men being at their wits end, wishing us to prepare for death: the Lord again at that very instant caused the wind to come up at South west, which carryed us out into the Sea cleer from the rocks, where we had the wind favorable that night, and blessed be God on Thursday we came into Kinsale, it being the first Harbor that the Lord was pleased to give us, but that which is most admirable is this, that so soon as the ship was come into Kinsale Harbor, she leaked so very much, that the Sea-men came the next morning and told us, that they were almost drowned that night, and could scarce keep the ship alive in the Harbor, and were forced the next tide to bring her to the Key, and at the Ebbe to repaire her, and had much ado to keep her from sinking. This being the method of Gods dealing with us in our passage. Now concerning the work of God upon my spirit during the storm, thus it was. Towards the evening of the Sabbath day, January the 5. My heart was exceeding sad and sorrowful, even unto death, a dark night approaching, and the ship taking in much water, my spirit fainted and my heart sunk within me, the sorrows of death caught hold of me, much grieved I was for my poor dear heart, who did not express half so much fear as my self, many sweet expressions she used in prayer, wishing me to call earnestly upon God: many words I could not use, but my heart was praying; it almost broke my heart to think what my wives friends would say in England, that I should bring her into Ireland to drown her (though I bless God she never repined at it) troubled I was likewise for my poor servants that came in love along with us; it almost split my heart to think what the Malignants would say in England when they hear that we were drowned (how they would abuse that passage of Paul, Acts 28.4.) That though vengeance hath not overtaken me at Land, yet I was met withall at Sea; much troubled I was at the manner of the death, such extraordinary violent deaths importing the nature of some heavy Judgement, as if the Lord had been displeased with us, and had not sent us, and Jonahs storm was much in my thoughts (I having spoken some words of Exhortation to the company out of that Scripture before the storm began) for God sent that great storm, Jon. 1.4. because Jonah went contrary to his Commands, where I observed, That when a Christian is in Gods way, upon Gods errand sent to Sea, usually God makes the Winde and the Seas favourable to him, upon such considerations, and many objections made by flesh & blood, I had very much trouble with my unbelieving heart, & could not bring my mind to be willing to die, earnest I had been in secret prayer at the Throne of Grace before, for 16. or 18. hours together, pleading with the Lord, that if it were possible, this cup of his indignation might pass over us, that in Judgments he would remember Mercy, however that we might cheerfully submit to his sweet pleasure; the materials of my long suggested prayers were meditations and applications of several Scriptures which mention Gods power, wisdome and love in the Seas. God having put it into my minde not long before to note most of the cheif places in Scripture concerning the Seas, as proper and usefull for a Sea-voyage. I prest my deere Christ not to drown us, for said I, we fight for thy Kingly office, throw the Ægyptians and all thy implacable enemies into the midst of the Sea, but let us be preserved, that we may prayse thy Name, Exod. 14.27,30. & 15.1. Lord this is a calamity too heavy for thy poor creatures to bear. Job. 6.3. were it not that thou hast cast our sinnes into the depths of the Seas: Micha 7.19. Lord suffer not the deeps to swallow us up: Psal. 69.15. Let not all thy waves and billowes pass over us, We have seen thy wonders in the deep: Psal. 107.23. And if thou save us we shall declare them to the children of men; but if thou make our graves in the Sea, the dead cannot praise thee: Psal. 115.17. thou Lord which leadest thy servants through the deep, prepare dry Land for us: Lord, why should not the Seas be as favorable to thy servants as the dry Land? Thou layest up the depth in storehouses, Psal. 33.7. Thou Lord canst still the noyse of the waves, Psal. 65.7. Ps. 68.22. was a comfortable place to me, that the Lord promised to bring again his people from the depth of the Sea. Sweet Christ do thy office and be a Savior to thy people both for soules and bodies, thou layest the beames of thy Chambers in the waters, 10.4. Psal. 3. and rulest the raging of the Seas. Psal. 89.9. Now Lord the floods have lifted up their voyce and their waves: Psal. 93.2. but thou art mightier then the mighty waves of the Sea, The fishes of the Sea shall shrink at thy presence: but why art thou so angry with thy servants who are sent in thy service? Lord cast the great Dragon into the bottomlesse pit, that old Serpent called the Devill and Sathan. Revel. 12.9. but let thy people live to prayse thee; thou Lord canst say to the Sea, Be dry: Jsa. 44.27. Jsa. 50.2. and canst easily bring us safe to Land. Lord, hast not thou made the depths of the Sea a way for thy ransomed ones to pass over? Esa. 51.10. Why must then thy servants be drowned as if they were in this, malefactors? Ionah ran away from thee and would not obey thee, being unwilling to be the mouth and proclaimer of thy Iustice upon Nineveh the head of the Assyrian Empire; and thou sentest out a great winde, and there was a mighty tempest in the Sea, Ionah. 4. which was no ordinary wind, but sent as a punishment for his disobedience disobedince , yet because he was thy servant, and was not selvish, nor displeased in thy shewing mercy for fear of his being thought a false prophet, but out of zeale for thy glory which he thought was wronged and obscured by that change, and out of his ardent affection to thy people that their enemies should live; and though he said he did well to be angry, even unto death, they being not words of express rebellion, but of a passionate spirit blinded with anger, therefore when he prayed unto thee out of the belly of Hell, he was mightily preserved. Now Lord, thou which wast a God so gracious and mercifull, slow to anger, and of great kindness towards the Heathens in Nineveh: shall not we find thy mercy? if thou hast any further work for us to do in our generation, we shall. Lord, it is the wicked that is like the troubled Sea, whose water casts up mire and dirt, Isa. 57.20. Thy Justice was very wonderfull and glorious at Wexford, in drowning those Pirates and wicked men in the Sea, that had done so much mischief to thy people in that Element, and what will thy enemies say when the carkasses of thy people are given to be food for the Fishes? Lord command this great wind into thy treasure, and bring forth windes serviceable for us, that we may have an auspicious gale, and an expeditious saile into some Harbor where it shall please thy Majesty, for thy poor creatures are at their wits end, and death appeares in their faces; thou only canst shut up the Sea with doors, Iob. 38.8. Thou makest the deep to boyle like a pot, and makest the Sea like a pot of oyntment, as if the Sea was hory by the long white frothy path, Job. 41.31,32. Sweet Christ, thou hast dominion from sea to sea, Psal. 72.8. and thou hast given to the sea a decree, that the waters passe not thy commands, Prov. 8.29. Therefore though the sea roare and threaten to swallow us up, yet unless thou givest it a commission to devour us it cannot hurt us: sweet Christ, the sea is unto thee as the dry land, the winds and seas will obey thee, deere Redeemer wilt not thou speak one word to save the lives of thy own members? Matth. 8.26,27. & 14.27. Mark. 4.29. Peace, Be still, will make a great calme. Lord assure some of thy poor servants that all shall be well, as thou didst to blessed Paul, Acts 27.23. Give some vision and manifestation of thy love, for it was for thy sake that we committed our selves to the sea, let some of thy servants in the ship be assured from heaven that we shall be safe, however Lord let thy will be our wils: with other Scriptures, not now perfectly remembred. Now after long prayers and meditations, it pleased God about six on the Sabbath day night that the Lord Jesus Christ began to quiet my spirit in himself, and I was well perswaded to die, and began to be ravisht with the Consideration of the joyes of Heaven, how quickly I and my poor heart should be in our Masters joyes, that expression of entring into my Masters joy affected me so much, that the joy was too big to enter into me, I must be swallowed up in it, and that my Masters joy could be no small joy; thereupon I spake comfortably to my wife, desiring her to cheer up, for that we should suddenly be in Heaven, if the Lord was pleased thus to take us to himself, who resigned her soul to God, and we took our leaves solemnly of each other, with our eyes full of teares, which I felt running down her cheeks when I kist them, saying, that all tears shall suddenly be wiped from our eyes in Heaven, and with a great fervor of spirit I thought severall times to this purpose, Sweet Jesus I come to thee, we come not only in this Sea of waters, but Lord we come to thee in a Sea of blood, if it shall please thee to call us; the storm still increased, and I grew exceeding heavy and sleepy, but roused my self up, and checked my heart, that I should Jonah-like offer to sleep in such a storm: what, be drowned in my sleep! my wife often begged at me not to sleep, but I could not possibly forbear sleep, if it had been to have saved all our lives; so it pleased God, that sitting as upright as I could, I fell into as fast a sleep as ever I was in all my life. And in my sleep I dreamed. THat I was in an upper Chamber with my sweet Redeemer Christ Jesus, and that there were many Suiters attended to speak with him; to beseech him to save their Ships and Barks that they might not perish by the storme, I thought it was a large roome, wherein there was a long table with an ordinary Car pet and two candles standing upon it, two trenchers of Tobacco and Pipes, and one Man walking up and down by the Table, of a middle staturs, about thirty years of age, the hairs of his head long and white as flax; but curling at the ends, but the heire of his upper lipp brown, in fad color'd cloaths, and a cloth broad brim'd hatt, I asked him who he was, who said, he waited upon Jesus Christ; I asked him where Jesus Christ was, he pointed to a Curtin, saying, there he is; I beheld and saw a glorious shining but no person, and methought Jesus Christ spake to me, and asked me what I would have, I said the lives of all in the Ship, said he in what ship, said I in the Hector, it is a bad name said he, for such as professe me. Castor and Pollux is for Heathens, I prayed him that we might not dye in this manner, sayes he to me are not you safe? but good Lord said I, I must returne, and I beg life for all in the ship, who are they said he? J answered that there was my deare Wife and three Servants. Leiutenant Colonell Saunders. Major Bee, Mr. Hews, honest Abraham, and other passingers thy Servants, [said Jesus Christ at my naming Lieu. Col. Saunders and some others, its so much the better that they are there] the Captain and the Sea-men are serviceable to thy Cause, and they take wonderfull paines to save their owne lives and ours, but unlesse they speak the word, the Sea will swallow us up: then me thought Jesus Christ askt me why I was not willing to dye? I told him that by this death I could not glorifie him, thinking upon that Scripture, Joh. 21.19. and me thought I was something impatient that the Lord should surprize us, getting us into a ship at his call for his service, and then to drowne us, as if we were Parricides or hainous Malefactors, which by Law were drowned: at that me thought Jesus Christ withdrew, as if he was displeased, said I, Lord, if thou drownest those that love thee, what wilt thou doe to thine Enemies? but could get no answer, whereupon I was sensible of my impatience and thought that I fell downe flat downe on the ground, and cryed for Mercy, saying Lord, we kisse thy Rod, and turne our naked backs, strike as much as thou pleasest. Lord, I plead nothing but thy free grace; it may be many of us have offended in excessive drinking, and now thou art punishing us in our owne Element, however our sinnes are more then the sands of the Sea-shore, but let pity move thee to save us; thou sweet Redeemer which hast been at Sea in stormes, that art a mercifull high Priest, like unto us in all things but sinne. Heb. 2.17. and 4.15. take pity upon thine owne flesh and blood; what Father but would save his Child from drowning if he could hast thou no worke for any of us to doe? I thought the answer was, but little to be done by some of us; (my Wife tells me that but a little before I slept, I said, certainly God had something for me, and others to doe for his service, and therefore we should not dye at this time, which I did not remember;) sweet Christ hear us as thou didest thy Disciples, save us quickly or else we perish, and being earnest in prayer, in my dreame me thought that the man in the roome came to me, and told me that this was no naturall storme of Gods sending, but an extraordinary Tempest raised by Satan (by Gods permission) to destroy those which were coming to fight against his Servants, and bad me use that argument to his Master. Thereupon I instantly craved leave to speake, and said, sweet Saviour, if this Storme and Tempest be raised by Satan the Prince of the ayre as in Lapland and many other places where winds are sold, he works in the Children of disobedience, and hath nothing to doe with thy poore Servants, for though thou mayst justly for our sins give Satan power over us, as thou didst over thy dear Servant Iob. Yet where thou givest a particular particulrr faith to be free from Sathans stormes and witchcrafts, thou art pleased to grant that which is believed, and in great love it pleased Jesus Christ to give a gratious answer to my Spirit, and said, be not afraid, your lives shall be saved; instantly replyed Lord, let it be for all the Persons in the Ship He said, be it so, then I pressed for the goods in the Ship Lord said I, there are my L. Gen goods, & M. Gn. goods; Let them safe, but they are not there said Jesus Christ, no Lord said I, they are fighting thy battells, Jesus Christ answered, the goods shall all be safe. And the ship likewise, and nothing miscarry, then I gave humble thanks, and departed, and as I was going out, I thought Jesus Christ said to me, it is granted for halfe fifty, goe no more to Sea in winter. I further dream'd that the Devill and his Imps were very earnest with Jesus Christ to get leave to destroy the Governour of Wexford, by the storme; but the Lord said, it should not be; somethere were that had Barkes at Wexford, that attended to speak with Jesus Christ, I could not tell what they said, they discoursed much about the Governour, and all that I heard Christ say, was that winter was not yet come for them at Wexford, then I thought I met with Captaine Hairebottell, who had very great respect shown to him and I thought his prayers did us very much good, and he was very much commended for his tendernesse to the sick Souldiers at Wexford, I thought there were other men from Wexford that came for safe passages and one Officer was very earnest for a ship that he was to come in, and I heard this expression concerning him, we must take speciall care of his ship; for he was very tender and kind to the poor sick Souldiers, and much discourse I heard about sick Souldiers. Jesus Christ said, if stormes will not do, I have other afflictions to make them more tender-hearted and pitifull, me thought the person that so walked in the room, spake much to this effect, that there would be many stormes by reason of much hardheartednesse, to break and melt their Spirits, since which (blessed be God) Captain Lucas is come safe in the wild Beare, one whom I observed in Wexford to be very liberall, tender-hearted, and compassionat to the poor Souldiers, whereupon I awaked, this dream lasted about two houres, all which time the storme increased, my Wife told me, that shee jogged me above twenty times to waken me. And wondred that I should sleep, seeing we are all so near the point of death, said I to her, peace my deare heart, be quiet, we shall all be safe: Jesus Christ hath promised me our lives be not afraid, and told her all my dream, whereat she was much amazed, but could not beleeve any safety, and urged me to prayer, being her selfe well resolved to dye, chearfully submitting to Gods good pleasure, but told me she had a strong impression upon her Spirit by way of question as if the Lord had spoken to her, that in case he should be pleased to spare her life at this time, whether she could be content to suffer for him; whereunto she found her heart most ready and willing, by the Lords assistance, to lay down her life for his glory; but my owne heart was then giving thanks, and brim full of comfort. I related my dreame to Lieutenant Col. Saunders, Major Bee, Ben. and the two Maids that were in the Cabin. And sent in for Captaine Stoakes, the Master, the Gunner, Bennet, and Marshall, and bad them be of good cheere, and plye their businesse, for we should be all safe, telling them what I had dreamed, they admired at my confidence, and Captaine Stoakes could not believe it, (said he) I know God is very Mercifull and can doe much; but the Ship hath five foot water in the hould which the Pumpe could not reach being choaked, and very subject to leaks, being twenty years old, and then it was about nine at night, the storme increasing, and they not knowing where about they were, I told them that I was assured of safety, as if I were on Shore and one word more I had dreamed, which I told them of, said I to Jesus Christ, what if the Ship should break asunder? He answered me, you shall be as safe as if you were in Codds Boat (a Boat at Wexford that we went in towards the ship in the bay, and were driven back severall times) or as if you were in the Governors house in Wexford, what impression it had upon their Spirits I know not, but some that were in the great Cabbin told me that they did verily beleeve it, and that their hearts were much quieted by what I said. The storme increased and a great noyse was made in the ship, the water came in at the great Cabbine windowes, the ship ready to overset and to founder; many skreaks and cryes out now we are gone, and yet my confidence and assurance increased, I bad them pray and bethankfull for they were as safe as if they were on shoare still my poore Wife said it could not be. I told her I was sure of it; she must lye still and see the salvation of our God. I confesse I much marvelled at the change that was wrought in my own Spirit, from a trembling fearfulnesse to a rejoycing assurance and considering it was but a dreame I thought I might presume too much in an over Confidence and was jealous over my owne hart least I should offend, begging the Lords extraordinary assistance sutable to the present danger, but the more I checkt my heart of presumption; the more did my faith mount upon the wing as if I had been upon dry ground, and had not so much fear as the thousand part of the weight of a haire: the poor ship workt for her life, and the Sea-men took infinite paines, two parts being fallen sick & the other 30 were continually at it, somtimes they were in a little hopes, sometimes their soules ready to faint about twelve at night, he that was at the Helme by my Cabbin said all was broken, the water came in there a little before they cryed out, that the foresaile was split and carried away, and the Anchors thrown over board to lighten the ship, yet all this while me spirit was the same in a thankfull admiration. for so great a deliverance, and said, all shall be as well as heart could wish, when they spoke of lightning the ship, my wife cald to Capt. Stokes and bad him if he thought fit, to throw over some Trunks which we had in the ship, which I liked very well (as it was in Pauls-storm) in regard of others that were in the ship, but for my own part, I said I would not have any thing thrown over, for I knew all would be well and (to blessed be the Lord of Seas) about four in the morning the storme abated, my heart was in a very thankfull posture, and that Wednesday night after, when the Sea-men said, we were in most danger entring into Castle-Haven in the dark, that we must have the wind turn twice in halfe an hour to save us, first to carry us from the breach of the shoare to the Staggs, and then to carry us off from them: when we were within a Cables length of the shoare, and the Seamen devided, not knowing what to do, Captaine Stoakes bad let fall an Anchor or else we are all dead-men others said, try to get off from shoare, and there was a great skreak that all was gone, I was not one jot afraid, but told them they were sure to get safe to Land, and the ship to a Harbour, and the Lord shewed himselfe kind to poore sinners. One thing though it seeme to be of small importance, yet it runs much in my mind, and I must needs relate it, I thought that Jesus Christ said to me, that the goods should be all safe, and nothing hurt or lost by the storme, but when we came to look for our things we mist a looking-glasse and a Pistoll, the glasse case was all broke and shivered in many peeces by the rouling of the ships, being in one of the Boxes or Cabin-chests in the great Cabbin amongst other things, but the Glasse it selfe was not so much as broken or crackt, and the case though in eight or ten peeces yet might easily be joyned and glued together, that it is not worse by a farthing, which seemes to me very admirable, I told Captaine Stoakes of it, and desired him, if possible, to help me to my Pistoll, he examined them about it; but it could not be heard of, till the very day the ship was going out of the Harbour, and then somebody that had it could not be quiet till he brought it out, to let us see how weak our faith and confidence is in the Lord and that he will performe with his poore servants to a Title of his promise. I know that usually dreames follow mens naturall inclination or their daily conversation as in Pharaohs Butler and Baker, they dreamed of wine and baskets of meate, matters about which they were ordinarily imployed Gen. 40. and I having beene in a continued meditation of Jesus Christ his love, power, bowells of pitty towards his members, it was most likely, that if I dreamed of any thing I should dreame of him as many times upon the Sabboths nights: I have dreamed that I was in the very same company and at the same exercises as I was upon the day, and indeed the consideration of Christs humanity, his being at Sea, and his experimentall knowledge of our miseries much supported me, how many prayers did we put up for a safe passage which though they do not move the Lord by any eloquence, as an Orator moves his hearers, yet they move the Lord; as the cryes of children make the bowels of their thelr Parents yearne towards them, and we must distinguish between shadowes and substances, dreames are but the appearances of things which are not, naturall dreams are either sinful deceitful & vaine, as Isa. 29.8. the hungry & thirsty man dreames, that he eats and drinks, but he awakes and his soule is faint for food, or else they are representations of things past which were really done or things to come which falls out accordingly, and the matter of the dreame is principally to be regarded, some Christians have had difficult places of Scripture expounded to them in their dreames, as they have told me. Therefore although dreames which are naturall and ordinary be of little or no account, yet extraordinary dreames many times prove true, as if one cry in his dream or be so fast asleep that he feels not pinching when the Imagination is so extraordinarily powerful, and that the party dreaming is confidently perswaded that it will come to passe it commonly proves accordingly, as that of Katherin de Medicis Queen of France, who dreamed that Hen. the Second should be killed at the Tilt, and said she would venture her soule upon it. And so he was killed by a Scotsman, Montgomery as she dreamed; Petrarch in Padova dreamed that a Scorpion stung him to death, that was in one of the Lyons that stand before a statue which they fondly call Sancta Iustina, the next morning he told his dreame, went thither and put in his hand into the hole and out came a Scorpion, which poysoned him, whereof he dyed, the great Souldier Farese the night before he dyed; dreamed that he was drowned and that his Saint Christopher could not carry him over the River and the next day the Ferry-boat sunk and he was drowned. In 1629. Christina a Protestant Marquesses Daughter in Poland, dreamed that Jesus Christ had told her comfortable things for the Protestants, as the good successe of the King of Sweden, the death of the Emperors Generall Walsten and that it might be the better believed, she should dye four dayes and revive againe, one Minister Cotuonius slighted it as a delusion and vaine fancie she told him that God was angry with him, and such a day his only child should dye and himselfe presently after, which both proved true, she likewise fell into a Trance for eight and fourty houres and then revived and foretold victories of the King of Sweden, but that God would take him away, because the people began to make a God of him and thought him to be invincible. She dreamed that she was married to Jesus Christ, and that she had a Crown of Glory promised her if she could persevere in the faith, and told her she would be mockt and scoft at by many who would not believe but that such visions proceeded from imagination, melancholly humours or weaknesse of braine, but bad her not be discouraged, shewing her a cup of blood, which he said he would poure upon those that persecute his servants, and that she prayed very earnestly for the salvation of a deer friend of hers who was in armes against the Protestants, but that shee could not prevaile for the salvation of any of her friends, but only for her selfe and that night the same party died, she likewise in her dreame saw two great persons comming to be judged one a Papist who had prayed much to his St. Francis and desired to be admitted into Heaven, but Jesus Christ bad him go to Hell to saint Francis, whither he was immediatly dragged; and the other was a Protestant who argued for his salvation, because he fought against the Papists and the Ministers assured him of Heaven: Jesus Christ said he will put out his candle in Germany, for it gives a false light, it shines without but it is full of filth and selfe righteousnesse within: she likewise saw a man upon a Tree adored by many; and some Lyons came to the Tree and pluckt it down and an Eagle was flying away, which the Lyons caught and toare in pieces, and asking Jesus Christ the meaning of that vision, he told, that that that the man was that horrid beast the Pope of Rome my capitall enemy, not a Pastor, but a Woolfe, that sayes, behold I am set aloft, who dare come to touch me? the Lyons are the French, English, Sweads, Hollanders, Venetians, and others that shall pluck down the proud beast, and powre out my wrath upon her and her adherents, and that tha it should begin about 1650. and be compleat by 1666. in her sleep she was heard to say; welcome Husband, and laughed heartily and as shee awaked shee said farewell deere Husband, and she dreamed many thing more which fell out accordingly, being a vertuous child naturally merry In 1633. she was marryed in Lesno in Poland, and most of the Ministers in Germany have subscribed to it, for they seriously consulted about it, and sent into Holland and Geneva, for assistance and advise, and the result of the conference (which Mr. Deodate shewed me at Geneva) came to this; in Christinaes dreame, they did believe there was a divine light: for first the young Lady was regenerate, and very zealous for the glory of God, so there was a good life in the person dreaming: Secondly, there was a full perswasion of heart that it was from God, and it would prove true: Thirdly, there was a certitude in the event, the party was not deceived, for it proved so, and it was likewise their judgements, that in a time of generall persecution, or some extraordinary eminent danger, God might and did many times speake comfortable things to his people in dreames, as in the late Bohemian warres, many Calvinists were admonisht in their dreames to goe to places of security, which they attending were safe from the enemy; as the Angell of the Lord appeared to Ioseph in a dreame, and bad him flee with Jesus Christ into Egypt, Mat. 2.13. and others that neglected such dreames have afterwards repented it. The Lord keep us all that were made partakers of so great a mercy in an humble believing and thankfull posture, that we may spend the remainder of our new lives in the zeale of his service, as those that having their lives prolonged so extraordinarily are exceedingly obliged more then others to walk answerably to so great a mercy.

Religion

A Relation of Mr. Iohn Cooks passage by Sea from Wexford to Kinsale, being in the great Storm on Ianuary the 5.

A true relation of Mr. Iohn Cook's passage by sea from Wexford to Kinsale in that great storm [...]

RelB1667

I Have considered the Discourses sent me, published lately about Indulgence and Toleration. At their first view, I confess I was not a little surprized with their Number, as not understanding the reason of their Multiplication at this time, nor what it was that had made them swarm so unseasonably. Upon their perusal, I quickly perceived a defect in them all, which could no other ways be supplied; whether it be so by this means or no, Impartial Men will judge. The Design seems to have been; That what is wanting in them singly in Reason, may joyntly be made up in Noise; and their respective defects in Argument, be supplied by their communion in Suffrage. It will doubtless be the wisdom of those who are concerned in what they oppose, to stand out of their way, at least until the storm is over. Omnis campis diffugit arator Omnio Omni & Agricola, Dum pluit in terris, ut possint sole reducto Excercere diem. Their Reason will be better attended to, when this earnestness hath a little spent it self. For Men who have attained more than perhaps they ever aimed at, at least than they had just reason to expect, have commonly for a while strong desires to secure their possessions, which Time and a due consideration of their Title and Interest, may somewhat calm and allay. In the mean time, because You expect it, I shall give you a brief account of my thoughts concerning the Matter treated of by them; and if that do not too long detain me, of the reasonings also which they make use of. Some things I do much commend their Ingenuity in; For whereas two things were proposed to them, A Compliance with some by way of Condescention, and a Forbearance of others by way of Moderation, they equally declare against them both. They will neither admit others to them, but upon their own terms to the utmost Punctilio; nor bear with any in their dissent from them in the least different Observances; but all must be alike pursued by Law and Force, to their Ruine. Whether this seem not to be the frame of mens spirits, whose Fortune and Power (as one of them speaks) tempts them to an insolency, sober and dis-interested persons will judge. The minds I confess of fortunate Men are for the most part equal unto their Successes; and what befalls them, they count their due. Nothing else could perswade these men that they alone were to be esteemed EnglishMen, and that not onely as unto all Priviledges and Advantages attending that Title; but so far also, as to desire that all who differ from them, should be exterminated from their Native Soyl. It were well if we could see more of their endeavours to merit so high a favour, more of that usefulness, and advantage which they bring to the Kingdom, that might countenance them in pleading that they alone ought to be in it. For my part, I can see little consistency with Christianity, Humanity, or Prudence, in these Resolutions. For certainly if that be Christian Religion which we are taught in the Gospel, it inclines men, especially those who are Teachers of it, (such as the Authors of these Discourses, at least most of them, seem to be) unto a greater Condescention than that expressed, upon the Causes, and for the Ends of its being desired. The request of some for a Condescention, seems to be no more, but that the Rulers of the Church would forbear the prescription and imposition of such things on the Consciences and Practise of men, (for it is vain to pretend that Conscience is not concerned in practise in the worship of God) as there is not one word about, nor any thing inclining, leading, or directing towards, in the whole Bible, that were never thought of, mentioned or commanded by Jesus Christ, or his Apostles, or any Apostolical Men; that if they had not unhappily fallen upon the minds of some Men to invent, none knows who, nor where, nor when, would have had no concernment in Christian Religion. They indeed who impose them, say they are things indifferent. But the differences that have been almost this hundred years about these things indifferent, is enough to frighten and discourage unbiass'd men from having any thing to do with them. And what wise man, methinks would not at length be contended, that these differences and indifferent things may be parted withal together? Besides, they on whom they are imposed, account them not so: They look upon them as unlawful for them to use and practise (all circumstances considered) at least most of them do so. And they plead by the important Argument of their Sufferings, that it is meerly on the account of Conscience that they do not conform unto them. Others think that it is not so; but I am sure it is possible that it may be so; and if it be so, they cannot use them without endangering the Eternal Ruine of their own Souls; though others may speed otherwise in their observances, who have other thoughts and apprehensions of their Nature and Use. And yet on the other side, if those that impose these things, can make it appear with any probability, (I had almost said if they would but pretend) that they were obliged in Conscience to impose them, by my consent there should be an end of this strife. But whilst there is this Left-handed Contest, Real Will and Pretended Prudence, fighting against Conscience and Duty, it is like to be untoward and troublesome. And for what end is it that some desire that there might be at least some relaxation as to the present severe Impositions of some of the things which are thus contended about? They say it is meerly that they might serve God in the Gospel to the good of others, without sinning against him, to the ruine of themselves. They speak particularly unto Men who profess it to be their Calling, their Work, their Design to promote the blessed ends of the Gospel towards the Souls of Men: They desire of them that they may have leave to come and help them in reference unto this end. Nor can it be pretended, That they themselves are sufficient for the Work, and that they have no need of the Assistance of others: God and Man know that this cannot be reasonably pleaded. And this is a business, which certainly by such men as profess themselves to be Guides and Rulers of the Church, can hardly be justified unto him who is the great Lord of it. When the Disciples found some casting out of Devils in his name, they rebuked them because they followed not with them; a worse and greater non-conformity than that which some are now charged withal; and yet the rebuke of others, procured only one to themselves. He said well of old, concerning those who contended to promote common good; agathē d'eris hēde brotoisi This is a good strife for mortal men: So is that which is for promoting of the good of the souls of men by the preaching of the Gospel; and shall it be forbid for such things, Quæ dicere Nolo, of so little importance are they in this matter, which hath an influence into Eternity. What is answered unto this request? Stories are told of things past and gone; scattered interests, dissolved intrigues, buried miscarriages, such as never can have any aspect on the present posture of Affairs, and minds of men in this Nation, are gathered together, and raked out of their graves, to compose Mormoes for the affrightment of men from a regard to the ways of peace and moderation: This they enlarge upon with much Rhetorick, and some little Sophistry; Like him of old, of whom it was said, that being charged with other things, Crimina rasis Librat in antithetis; doctas posuisse figuras Laudatur Many inconveniencies are pretended, as like to ensue upon such a condescention: but in the mean time men die, and some it may be perish for want of that help and instruction in the things of Eternity, which there are many ready to give them, whilst it is altogether uncertain, whether any one of the pretended inconveniencies will ensue or no: I fear whilst men are so engaged in their thoughts about what is good and convenient for them at the present, they do scarce sufficiently ponder, what account of their actions they must make hereafter. But neither is this all that these Authors contend for: Men are not only denied by them an admission into their Societies to preach the Gospel, unless it be on such terms as they cannot in conscience admit of, and which others are no way obliged in conscience to impose imposs upon them; but all forbearance of, or indulgence unto them who cannot conform unto the present establishment, is decried, and pleaded against: What though men are peaceable, and useful in the Common-wealth? What though they are every way sound in the Faith, and cordialy imbrace all the doctrine taught formerly in the Church of England? What though those in this condition are many, and such as in whose peace and industry, the welfare of the Nation is exceedingly concerned? What if they offer to be instructed by any who will take that work upon them, in the things about which their differences are? What if they plead conscience towards God, and that alone, in their dissent; it being evidently against their whole temporal interest? What if they have given evidence of their readiness in the ways of Christ and the Gospel, to oppose every errour that is either pernicious to the souls of men, or any way of an evil aspect to publique peace and tranquility? All is one, they are neither severally, nor joyntly, no one of them, nor all of them, in the judgment of these Gentlemen, to be forborn, or to have any Indulgence exercised toward them; but Laws are to be made and put in execution against them to their ruine; extirpation and destruction destrustion . It may be it will be said, that these things are unduly imposed on them, seeing they press for a prosecution of men by Laws and rigour, not for dissenting from what is established, or not practising what is prescribed in the publick Worship of God, but for practising what is of their own choice therein, in Meetings and Assemblies of their own; otherwise they may keep their consciences unto themselves without molestation. But it doth not appear, that this can be justly pleaded in their defence: For as the Prohibition of men under severe and distructive penalties, from that exercise of the worship of God, which is suitable to their light, and which they are convinced that he requires of them, so that in nothing it interfere with the fundamentals of Christian Religion, or publick tranquility, is as destitute of all Foundation in Scripture and Reason at all times, and as things may be circumstantiated in Prudence or Policy; as the inforcing of them to a practical compliance with any mode or way of Worship against their Light and conscience; so the practice in this latter case hath been more severe amongst us, than in the former. For a Testimony hereof, we have those great Multitudes which at this day are Excommunicated by the Courts Ecclesiastical, meerly for their not attending the publique Assemblies of the Nation in their Administrations: And as they are by this means, as things now stand, cast, as they say, into the condition of men out-Lawed and deprived of all priviledges of their birth-right as English-men (of which sort there are forty times more, than have been proceeded against unto the same issue in all his Majesties Courts of Justice in England for many years) so in the pursuite of that sentence, many are cast into prisons, where they lye perishing (sundry being dead in that state already) whilst their families are starved or reduced to the utmost extremity of poverty, for want of those supplies which their industry formerly furnished them with all: And what influence this will have into the state of this Nation; time will manifest, if men are not as yet at leasure to consider. The hands that by this means are taken off from labour, the stocks from imployment, the minds from contrivances of industry in their own concerns, the poverty that is brought on Families, in all which the common good hath no small Interest, are not I fear sufficiently considered by persons whose fullness and plenty either diverts their thoughts from taking notice of them, or keeps off any impressions on their minds and judgments from what is represented concerning them. Others begin to feel the evil, whose morning they saw not, gathering up towards them, in the decay of their Revenues, and intanglements of their Estates, which without timely remedy, will increase upon them, untill the breach grow too great for an ordinary healing. And I am perswaded that none who have been active in these proceedings, will take upon themselves the trouble of confirming this kind of Church Discipline out of the Scriptures, or Examples of the Primitive Churches, for some hundreds of years. This therefore, is that which by these men is pleaded for; namely that all the Protestants in England who so dissent from the established Forms and Modes of Worship, as either to absent themselves from their Observances, or to attend unto any other way of Worship, which being suitable to the Principles of that Religion which they profess, (namely Protestantism) they are perswaded is according to the Mind of God, and which He requires of Them, be proceeded against, not onely with Ecclesiastical Censures, but also with Outward, Pecuniary, and Corporal Punishments, to the depriving of Them in the progress, of Their whole Liberty, Freedom, and Benefit of the Laws of the Land, and in some Cases unto Death it self; and that no Dispensation or Relaxation of this severity, be countenanced or granted. And herein I confess, whatever Pretences be used, whatever Fears and Jealousies of Events upon a contrary Course, or the granting of an Indulgence be pleaded, I am not of their Minds; nor do I think that any countenance can be given to this severe Principle and Opinion, either from the Scriptures of the Old or New Testament, or from the Example of any who ever endeavoured a Conformity unto the Rules of them. This is the state of the Controversie, as by these Authors formed and handled; nor may any thing else be pretended, when such Multitudes are ready to give Evidence unto it, by what they have suffered and undergone. Do but open the Prisons for the relief of those Peaceable, Honest, Industrious, Diligent Men, who some of them have lain several Years in Durance, meerly in the pursuit of Excommunication, and there will be Testimony enough given to this state of the Controversie. This being so, pray give me leave to present you with my hasty Thoughts, both as to the Reasonableness, Conscience, and Principles of pursuing that Course of Severity towards Dissenters, which I find so many Concerned Persons to plead for: And also of the way of their Arguings and Pleas. And first as unto Reason and Conscience, I think Men had need look well unto the Grounds of their Actings, in things wherein they proceed against the Common Consent of Mankind, expressed in all instances of the like occasion, that have occurred in the World; which is as great an Evidence of the Light and Law of Nature, as any can be obtained. For what all Men generally consent in, is from the common Nature of all. We are not indeed much concerned to inquire after the practise of the Heathen in this matter, because as the Apostle testifies, their Idolatrous Confusion Confnsion in Religion was directly and manifestly against the Light of Nature; and where the foundation was laid in a transgression of that Law, it is no wonder if the proceeding upon npon it be so also. There was a Law amongst the Romans, reported by the Orator to be one of those of the Twelve Tables, forbidding any to have private Gods of their own: But this regarded the Gods themselves, the Object of their Worship, and not the Way of Worshipping Worsbipping them, which was peculiar and separate to many Families and Tribes amongst them, and so observed. Scarce any Family or Tribe of note, that had not its special and separate Sacra. Besides, they seemed to have little need of any new Authorized Gods, seeing as Varro observed, they had of them they owned, no less than thirty thousand. And I have often thought that Law was imposed on them by the craft and projection of Satan, to keep them off from the knowledge of the true God: For notwithstanding this Law, they admitted into their Superstition all sorts of Idols even the folly of Egyptians themselves, as having Temples in Rome unto Isis and Serapis Onely this Law was pleaded to keep off the knowledge of the true God, Act. 18.13. And of him they had the highest contempt, calling the place of his Worship, the Land Dei incerti . And the Custome among the Athenians not to admit any strange Objects of Worship, any Unwarranted Devotion, was never made use of, but to oppose the Gospel, unless it were when they destroyed the Wisest and Best Man that ever the City bred, for giving some intimation of the true God, and not consenting with the City in Opinion about their Established Devotions: Other use of these Laws there was none. It is true, when any Sacra or Superstitious Observances were actually used to induce Men and Women to Sin and Wickedness, contrary to the Light of Nature, the very Being of Civil Societies, the Romans severely animadverted upon them: Otherwise this Law was not made use of, but bnt onely against the Jews first, and the Christians afterwards; whereby it was consecrated to the use of Idolatry, and rendred unmeet for the Churches Service or Reception. The Jews were those who were first intrusted with the Truth of Religion and the Worship of God. And it is known what was their Law, their Custom, their Practice in this Matter. Whoever would dwell amongst them, if they owned their Fundamentals, they afforded them the Blessing and Peace of the Land. All that they required of such Persons, was but the Observation of the Seven Noachical Precepts, containing the Principles of the Light of Nature, as to the Worship of one God, and Moral Honesty amongst Men; whoever would live amongst them of the Gentiles, and took upon themselves the observation of these Fundamentals, although they subjected themselves to no instituted Ordinances, they called Proselytes of the Gate, and gave them all Liberty and Peace. And in those who submitted unto the Law of Moses, who knows not what different Sects and Opinions, and Modes of Worship there were amongst them, which they never once supposed that they had any Rule to proceed against by external Force and Coercion. The Case is yet more evidently expressed in the Judgement and Actings of the first Christians. It will be utterly superfluous to shew how that for three hundred years, there was not any amongst them who entertained thoughts of Outward Force against those who differed from the Most, in the things of Christian Religion. It hath been done I perceive of late by others. And yet in that space of time, with that Principle, the Power of Religion subdued the World, and brake the force of that Law whereby the Romans through the Instigation of Satan, endeavoured with Force and Cruelty to suppress it. When the Empire became Christian, the same Principle bare sway. For though there were mutual Violences offered by those who differed in great and weighty Fundamental Truths, as the Homousians and Arians; As to those who agreeing in the important Doctrines of the Gospel, took upon themselves a peculiar and separate way of Worship and Discipline of their own, whereby they were exempt from the common Course and Discipline of the Church, then in use, never any thoughts entered into men, to give unto them the least disturbance. The Kingdom of Ægypt alone had at the same time above forty thousand Persons, Men and Women, living in their private and separate Way of Worship, without the least controul from the Governours of Church or State; yea, with their Approbation and incouragement. So was it all the World over, not to mention the many different Observances that were in and amongst the Churches themselves, which occasioned not Division, much less Persecution of one another. And so prevalent is this Principle, that notwithstanding all their Design for a forcing unto an Uniformity, as their peculiar Interest, yet it hath taken place in the Church of Rome it self, and doth so to this day. It is known to all, that there is no Nation wherein that Religion is inthroned, but that there are thousands in it that are allowed their particular ways of Worship, and are exempt from the common ordinary Jurisdiction of the Church. It seems therefore, that we are some of the first who ever any where in the World, from the Foundation of it, thought of ruining and destroying Persons of the SAME RELIGION with our selves, meerly upon the choice of some Peculiar Ways of Worship Worsbip in that Religion. And it's but reasonable, as was observed, for men to look well to the grounds of what they do, when they act contrary to the Principles of the Law of Nature, exprest in so many Instances by the consent of Mankind. And I fear all men do not aright consider, what a secret Influence into the Enervating of Political Societies such Intrenchments on the Principles of Natural Light, will assuredly have. For those things which spring up in the Minds of Men without Arguing or Consideration from without, will insensibly prevail in them against all Law and Constitution to the Contrary. It is in vain to turn Nature out of doors, it will return. And whence shall we learn what Nature inclines unto, unless from the common practise of Mankind in all Instances, where an evident demonstration may not be given, of the prevalent influence of the interest of some Men unto the contrary? Which is, Pessimus Diuturnitatis custos. It will not always prevail, nor ever any time without great regret regreet and commotion in the minds of Men, who have no concern in that Interest. Consider also the thing it self, of Forcing the Consciences of Men, in manner before expressed; and you will find it so uncouth; as I am perswaded you will not know well what to make of it. Learned Divines tell us, That Conscience is the Judgement that a man maketh of Himself and his Actions, with reference to the future Judgement of God; or to that purpose. Now let others do what they will, Conscience will still make this Judgment, nor can it do otherwise. Whatever Men can alter in the Outward Actings of Mens Lives, they can alter Nothing in the Inward Constitution of the Nature given it by God in its Creation, which refers to its Future End. How can this be forced? It is said therefore, Let Men take this liberty unto themselves: Who forbids them to judge of Themselves and of their Actions, what they please? None goes about to take this Liberty from them. But is this all? Conscience doth not judge of Men and their Actions, but with respect unto what in the Name of God it requires them to be, and to do. It first requires several things of them in the Name of God, and then judges upon their performance, with reference unto the Judgement of God: And this is the soveraign Dictate of it, Worship God according to that Light and Understanding which you have, of what is that Worship which is acceptable with Him, in matter and manner, and no otherwise. If this Command be not obeyed, Conscience will judge with reference unto the Judgement to come. Let Conscience then have its Liberty for this Work, and this Difference is at an end. But it will be said, If Conscience must be free as to it first Act of Directing and Commanding, as well as unto its Self-Judging, it may lead men to all Abominations, Wickedness, Murthers, Sedition and Filthiness; and so a Liberty unto them also must be granted. So I have heard men speak, but I have wondered also that any man that hath a Conscience of his own, or knows what Conscience is, should give entertainment to so fond an Immagination: I would ask any man whether ever he found any such direction in his own Conscience, or any Inclination that way? Nay, if he have not constantly found a severe Interdiction given in by his Conscience against all such things? And how can he then conceive it possible that the Conscience of any man should be of such a Make, and Constitution; seeing naturally it is absolutely the same in all. Besides, as was said, It is a mans judgment of himself in reference to the future Judgment of God. And this Intimation supposeth, that a man may judge that God at the Last day will approve of Adultery, Murders, Seditions and the like Evils! Which is to suppose all common inbred Notions of God to be blotted out of the mind: Nay it is utterly impossible, as implying a contradiction, that any man should consider God as a Judge, as Conscience doth always, and suppose his Approbation of the Evils specified, or of any of the like nature and importance: But men will yet say that Conscience hath been pretended for these things. I answer, never by any in their witts. And what any brain-sick, or Enthusiastick Person may say or doe in his Paroxisms, is not to have any place in considerations of what becomes a guidance of the Actions of Man-kind one towards another. It is true; that some things as they have been Circumstantiated, have been debated, even in Conscience, whether they have been Lawful or no; that is whether God would approve of them, or condemn them at the last day. But what is evil in its self, and against the light of Nature, there is no direction unto it, no approbation of it from Conscience in the least. To take away this Liberty of Conscience in things of its proper Cognizance Coguizance and Duty, seems to me, to be as much as to say, men shall not judge themselves with referrence to the Judgment of God to come; which is to put Gods great Vicegerent out of his place and Throne. Let us now apply this notion of Conscience unto the present occasion. There is prescribed a way of Divine Worship, with Ceremonies, Forms of Prayer, and Orders for the Administration of Sacraments, all things that concern the Joynt and Publique Worship of God. What is the Work or Duty of Conscience in reference hereunto? Is it not, in the first place, to apply the Mind and Understanding to consider of what sort it is, in referrence unto the future Judgment of God? This cannot be denied; the first Actings of a man who makes any Conscience of what he does, must be of this sort. If then it apprehend it to be such as God will approve of the Practice, and Observation of it at the last Day, Conscience is satisfied, and reflects no self-Condemning thoughts upon its Observance. But suppose a man doth not understand it so to be; he cannot conceive it to be appointed so by Christ, nor that any men have Warrant, Authority, or Commission to impose on the practice of others what is not so appointed by him. How shall he do to be otherwise minded? Can he force himself to assent unto that, whereunto in truth he doth not assent? Is it in his power so to do: Ask any man who hath an Understanding, whether he can apply it to what he will; that is to assent, or not assent unto what is proposed unto him: All men will assuredly say, that their assent necessarily followeth the evidence that they have of the truth of any thing, and that otherwise it is not to be obtained. The Mind despiseth all violence, or coaction from the Will: Yea, it implys a Contradiction that a man should cause himself to assent unto that unto which he doth not assent. Can then other men compell this assent? It is so far otherwise that God himself will not; yea, be it spoken spok n with reverence of his Holiness, cannot force such an assent, seeing it implies a Contradiction; Namely, that a man should assent and not assent to the same Proposition at the same time: Neither can a man himself force himself, neither can all the men in the World force him, to understand more than he doth understand, or can do so. Men do not seem to have exercised many reflect Acts of Consideration on themselves, who suppose that any can command their Understandings to apprehend what they please, or to assent unto things at their will. These things follow Conviction and Evidence; and so God himself procures the Assent of Men unto what he revealeth; and otherwise the Understanding is absolutly free from all imposition. If a man then cannot understand these things to be approved of God, and accepted with him; suppose they are so, yet if a man cannot apprehend them so to be, what is the next work that Conscience will apply it self unto? Is it not to declare in the Soul, that if it practise these things, God will judge it the Last Day, and pronounce Sentence against him? For Conscience, as was said, is a Mans Judgement of Himself and his Moral Actions, with respect unto the future Judgement of God. And I am perswaded that this is the condition of Thousands, in reference to the present Impositions. Their Apprehensions and Judgements of themselves in this Matter, are to them unavoidable and insuperable. It is not in their power to think otherwise than they do, nor to judge otherwise of themselves in reference unto the the the practise of the things imposed on them, than they do. Neither can all the men in the World force them to think or judge otherwise. If ever Light, and Evidence unto their Conviction of the he Contrary, is imparted to them, or do befall them, they will think and judge according to it; in the mean time, they crave that they may not be forced to act against their Light and Consciences, and so unavoidably cast themselves into destruction. All then that some desire of others, is, That they would but give them leave to endeavour to please God; seeing they know it is a fearful thing to fall into his Hands as an Avenger of Sin. God deals not thus with Men; for although He requires them to believe whatever He reveals, and proposes as an object of Faith, and to obey whatever He commands, yet he gives them sufficient evidence for the one, and Warranty of his Authority in the other; and himself alone is JUDGE of what Evidence is so sufficient. But men can do neither of these: They can neither give Evidence to their Propositions, nor Warrant to their Authority in their Impositions in Spiritual things, and yet they exact more than doth God himself: But so it is, when once his Throne is invaded, his Holiness, Wisdom, and Clemency are not proposed to be imitated, but a fond abuse of Soveraignity alone, is aimed at. To impose Penalties then inforcing men to a Compliance and Acting Actlng in the Worship of God, contrary unto what they are Convinced in their Consciences to be his Mind and Will, is to endeavour the inforcing of them to reject all respects unto the future Judgments of God; which as it is the highest wickedness in them to do, so hath not God Authorized any of the Sons of men, by any means to endeavour their Compulsion unto it. For the former of these, that men may Act in the things of God, contrary unto what they are perswaded he requires of them; I suppose none will ever attempt to perswade themselves or others. Atheisme will be the end of such an Endeavour. The sole Question is, Whether God hath Authorized, and doth warrant any man, of what sort soever, to compell others to Worship and serve him, contrary to the way and manner that they are in their Consciences perswaded that he doth accept and approve. God indeed where men are in Errours and Mistakes about his Will and Worship would have them taught, and Instructed, and sendeth out his own Light and Truth to guide them, as seemeth good unto nnto him. But to affirm that he hath Authorized men to proceed in the way before mentioned, is to say, that he hath set up an Authority against himself, and that which may give controule to His. These things being so, seeing Men are bound Indispensably not to Worship God so as they are convinced and perswaded, that he will not be Worshiped; and to Worship him as he hath Appointed and Commanded, upon the Penalty of Answering their Neglect and Contempt hereof with their everlasting Condition at the last day; And seeing God hath not Warranted or Authorized any man to inforce them to Act contrary to their Light, and that perswasion of his Mind and Will which he hath given them in their own Consciences; nor to punish them for yeilding Obedience in Spiritual things unto the Command of God as his mind is by them apprehended, if the things themselves, though mistaken, are such as no way interfere with the common Light of Nature or Reason of Man-kind, the Fundamental Articles of Christian Religion, Moral Honesty, Civil Society, and Publike Tranquility: especially if in the things wherein men acting, as is supposed, according to their own Light and Conscience in difference from others, are of small Importance, and such as they probably plead are unduly and ungroundedly imposed on their Practice, or Prohibited unto them, it remains to be considered whether the grounds and ends proposed in Exercise of the Severity pleaded for, be agreeable to common Rules of Prudence, or the state and condition of things in this Nation. The ground which men proceed upon in their resolutions for Severity, seemes to be, That the Church and Common-Wealth may stand upon the same Bottome and Foundation; that their Interest may be every way the same, of the same breadth and length, and to be mutually narrowed or widened by each other. The Interest of the Kingdome they would have to stand upon the Bottome of Uniformity: So that the Government of it should, as to the beneficial ends of Government, comprehend them only, whom the Church compriseth in its Uniformity; and so the Kingdoms Peace, should be extended only unto them, unto whom the Churches Peace is extended. Thus they say, that the Kingdom and the Church, or its present Order and Establishment, are to be like Hypocrates Twins, not only to be Born together, and to Die together, but to cry and laugh together, and to be equally affected with their mutual Concerns: But these things are evident mistakes in Policy, and such as Multiplied Experience have evidenced so to be. The Comparison of Monarchie or the Fundamental Constitution of the Policy and Government of this Nation, with the present Church-Order, and State, Established on a Right, mutable and changeable Laws; And which have received many alterations, and may at any time when it seems good to the King and Parliament receive more; is expressive of a Principle of so evil an Aspect towards the solid Foundation of the Policy of this Nation, as undoubtedly those who are principally concerned in it, are obliged not to admit an avowance of. For whereas it is not the Gospel in general, nor Christian Religion, or Religion considered as it best corresponds with the Gospel, or the mind of Christ therein, but the present Church-Order, Rule and Policy, that is intended, all men know that it is Founded in, and stands solely amongst us, on such Laws, as is usual with Parliaments to Enact in one Session; and to repeale in another, or at least to Enact in one Age, and to repeale in another, according as use and Experience manifests them to be conducing, or obstructing unto uuto Publick Good. And whereas the constitution of the Civil Government of the Nation, is built upon no such Alterable or Changeable Changeabl Laws, but hath quite another Foundation, Obnoxious to Nothing, but to the All-over. Ruling providence of the most High, it is a great shaking and weakning unto its Fixation and Interest in the minds of Men, to have it compared with things every day alterable at pleasure. And the attempt to Plant the Kingdomes Peace, on the Foundation of the Churches Uniformity, which may on a thousand occasions wherein the Peace of the Kingdom of it self is not in the least concerned, be narrowed unto a Scantling wholy unproportionate unto such a Superstruction, is without doubt as great a mistake in Government as any persons can fall into. All the World knows, how full at this day it is of various varions Opinions, and Practises in things concerning Religion; and how unsuccessful the Attempts of all sorts have been for their Extinguishment. It is no less known, as hath in part already been discoursed, how unavoidable unto Men, considering the various Alotments of their Condition in Divine Providence, their different Apprehensions and Perswasions about these things are. He therefore that will build the Interest of a Nation, on an Uniformity of Sentiment and Practices in these things, had need well fix this floating Delos, if he intend not to have his Government continually tossed up and down. The true Civil Interest of this Nation, in the Policy, Government, and Laws thereof, with the Benefits and Advantages of them, and the Obedience that is due unto them, Every English-Man is born unto; he falls into it from the Womb; it grows up with him; he is indispensably engaged into it, and holds all his temporal Concernments by it: He is able also by Natural Reason to understand it, so far as in point of Duty he is concerned, and is not at liberty to dissent from the Community. But as for Religion, it is the Choice of Men; and he that chuseth not his Religion, hath none: For although it is not of necessity, that a Man formally chooses a Religion, or one way in Religion in an opposition unto, and with the rejection of another; yet it is so that he so chooses in opposition to no Religion, and with Judgement about it, and approbation of that which he doth embrace, which hath the nature of a voluntary choice. This being the Liberty, this the Duty of every Man, which is, always hath been, and probably always will be issued in great variety of Perswasions, and different Apprehensions, to confine the Peace Peaee and Interest of Civil Societies unto any one of them, seems scarce suitable unto that Prudence which is requisite for the steerage of the present state of things in the VVorld. For my part, I can see no reason the Civil State hath to expose its Peace unto all those Uncertain Events which this Principle will lead unto. And it seems very strange, and I am perswaded that on due Consideration it will seem strange that any should continue in desire of confining the bottom of the Nations Interest in its Rule and Peace, unto that Uniformity in Religion, which as to a firm Foundation in the Minds and Consciences of Men, hath discovered it self to be no more diffused amongst the Body of the People, than at present it is, and from which such Multitudes do, upon grounds to themselves unconquerable, dissent; resolving to continue so doing, whatever they suffer for it; who yet otherwise unanimously acquiesce in the Civil Government, and are willing to contribute to the utmost of their Endeavours, in their several places, unto its Peace and Prosperity. Whatever therefore be the Resolution as to a present procedure, I heartily wish that the Principle it self might for the future be cast out of the Minds of Men; that the State and Rule of the Nation, might not by plausible and specious pretences, suited to the interest of some few Men; be rendred obnoxious unto impression from the variety of Opinions about things Religious, which as far as I see, is like to be continued in the VVorld. Especially ought this consideration, if I mistake not, be applied unto those Differences about which alone this Discourse is intended; namely, those which are amongst men of the same Religion in all the Substantials of it, and which having been of long continuance deduced from one Age to another, are greatly diffused, and deeply rooted in the Minds of Men; being such also, as no countenance can be given to act severely towards them, from any thing in the Scriptures, or practise of the first Churches in the VVorld. And I hope it will never more amongst sober and dis-engaged persons be said or thought, that the Interest of England, or of its Rule and Government, is in any thing confined unto a precise determination of the Differences in the Minds and Consciences of Men, so that those who are of one Mind in them, and would impose the Apprehension and Practise of their Perswasion upon others, should be alone comprehended therein. But let the Ground of this Severity in proceeding against Dissenters be never so weak or infirm, yet if the End proposed in it be accomplished, the Counsel will appear at last to have been adviseable. What then is the end of these things, of this Severity so earnestly pressed after, to be engaged into? Suppose the best appearing Success that in this case can be supposed, and all that seems to be desired; namely that by External Force and Compulsion, Men be brought unto an Outward Conformity in, and unto the things that are imposed on them. This is the utmost of what seems to be desired or aimed at. For no man surely is so vain as to imagine that Compulsion and Penalties are a means suited to perswade or convince the Minds of Men. Nay, Commonly it is known, that they have a contrary effect, and do exceedingly confirm men in their own perswasions, and into an alienation from the things they are compelled unto. Suppose then this End to be obtained: Is there better Peace or Establishment assured to the present Church-Order thereby, than what it may enjoy whilst Men have their Liberty to profess their dissent? Both Reason and Experience do testifie the contrary. Nor will the Church find any more dangerous Opponents, upon any emergent occasion, than those who have been compelled to Uniformity against their Conviction. For bearing their Condition always as their Burthen, they will not be wanting unto an opportunity to ease themselves of it. And it may be sundry Persons now vested with Ecclesiastical Power, if they would recollect their former Thoughts and Expressions, might remember that they both conceived and declared their mind to this purpose; that former Severities in the like kind, were unduly and disadvantagiously pursued against that strong inclination in so many unto an Indulgence, and Freedom from their Impositions, which surely they cannot think to be now lessened or weakned. But present Power is apt to change the minds of Men, and make them neither remember what were their former apprehensions, nor foresee what would be their thoughts upon a disappointment in their present Undertakings. But neither yet can this rationally be supposed; nor is it probable in the least, that the outward Conformity intended, will ever be obtained by Rigor; especially where the reasons of it are so remote from influencing the Consciences of Men. For whatever Arguments may be used for a Restraint to be put upon Conscience, in things concerning Faith and the Worship of God, which must be taken from the nature of the things themselves, are utterly superseded and made useless, by the nature of the Differences that are in contest between the Imposers, and those that deprecate their Impositions. For as very little hath been done, especially of late, to prove the Lawfulness of the things imposed, nothing at all to assert their Necessity; so the nature of the things themselves, about which the difference is; quite casts them out of the compass and reach of those Arguments which are pleaded in the case of Coercion and Penalties in the things of Religion or the Worship of God. For if men should be able to prove that Heresies and Idolatries are to be punished in the Persons of them that do assert them: no Conclusion will or can be thence made, as I suppose, for their Punishment and Ruine, who by the Confession of them that would punish them, are neither Hereticks nor Idolaters. Force must stand alone in this case; and what small Influence it is like to have on the practices of Men, when it hath no pretence of Reason nor Judgment, wherein Conscience is concerned to give its countenance, is not uneasie to determine. Nay experience hath sufficiently in most places baffled this attempt: Violence hath been used in matters of Religion to the shame and stain of Christianity; and yet never succeeded any where, to Extinguish that perswasion and Opinion which it was designed to extirpate extripate . It may be; for a while indeed, and sometimes it may obtain such succese, as to seem to ro have effected the end amed at. But still within a short space, mostly in the compass of the same Age, it hath been manifest, that it hath but laid in Provision for future troubles, Oppositions, and Animosities. Let the Prelates, or Rulers therefore of the Church advise, press unto, and exercise this Severity whilst they please; They may as evidently see the Issue of it, as if it were already accomplished. Some may be ruined, Multitudes provoked, the Trade of the Nation obstructed, some few be inforced unto an Hypocritical compliance with what is against the Light of their Consciences, compassion be stirred up in the residue of the People for innocent Sufferers, and by all Indignation against themselves and their ways encreased; considering what are the things about which these differences are, How deeply rooted a dissent from the present Establishment is in the minds of Multitudes: For how long a season that perswasion hath been delivered down unto them, even ever since the first Reformation, gradualy encreasing in its Sufferage to this day, the Advantages that it hath had for its Growth and Improvement, with successes evidently suitable unto them, and resolution that mens Spirits are raised unto, to suffer and forgo the utmost of their earthly concernments, rather than to live and die in an open Rebellion to the commanding light of God in their Consciences: It is the utmost vanity to have other Expectations of the end of such a course of Rigor and Prosecution. In the mean time, I am sure whoever gets by Persecution, the King looseth by it. For what if some Officers of Ecclesiastical Courts have been inriched by the booty they have got from Dissenters? What advantage is it all this while to the Kingdom? when so many Families are Impoverished, so many ruined, as are by Excommunications and Imprisonments ensuing thereon, so many more discouraged from the exercise of their Faculties, or improvment of their Stocks, so many driven beyond the Seas; and yet all this nothing, unto what in the same kind, must and will ensue, if the course sometimes begun should be pursued. To me it seems that an attempt for the pretended Conformity, (for attained it will never be) is scarce a due Compensation for his Majesties loss in the diminishing of his Subiects and their Wealth, wherewith it is and will be certainly attended: Besides! to ruine men in all their Substantials of Body and Life, for Ceremonies, and those our own Country-men and Neighbours, seems to carry with it somewhat of that severity which English-men after the subsiding of the impetuous Impressions of Provocations, do naturally abhor, and will not long by any means give Countenance unto. On the Consideration of these things, and other doubtless of more deep Investigation, his Majesty hath often declared, not only his Resolution to grant the Indulgence Intimated in his Gracious Declaration to that purpose, but also the exceeding Suitableness of those Intentions unto his own Inclination and Clemency. The Advantages which have already ensued unto the Nation, in the Expectation of Indulgence have been also remembred, and repeated by him with an uncontrouleable Manifestation of its conducibleness for the future, unto the Peace and Prosperity of the Kingdom. And it seems very strange, that so Noble and Royal Dispositions, such Thoughts and Counsels of Wisdom and Authority, such Projections of Care and Solicitude for the Kingdoms Good, should be all Sacrificed to the Interest of any one Party of Men whatsoever. I cannot but hope, that His Majesty will re-assume those blessed Counsels of Peace: Especially considering that the Spirits of Men are singularly disposed to receive and put a due Valuation upon the Execution of them. For all those who desiring an Indulgence, though differing amongst themselves in some things, do joyntly cast their Expectations and Desires into a dependance on His MAJESTY, with Advice of His PARLIAMENT. And as notwithstanding their Mutual Differences, they are united in this Expectation, so may they be made Partakers of it: Although in other things their Differences continue, they cannot but agree in Loyalty and Gratitude: When the Denyal of it unto them, although they still differ in other things, will reconcile their Mindes in regret regreet against the Impositions they Joyntly undergo. And, whereas men have by the Fears, Dangers, and Sufferings which they have passed through, evidenced to all the World, that the Liberty and Freedome of their Consciences is of more consideration with them, than all other things whatever; and have learned themselves also how to esteem and value that Liberty, without which they are sensible how miserable their Condition is, and is like to be, it is impossible that any stronger Obligation unto Peaceableness Loyalty, and Thankfulness, can be put upon the Subiects of any Nation, then a Grant of the Indulgence desired would put upon Multitudes in this. This would set their minds at Liberty from fom Fears and Contrivances for the Avoidance of Impendent Dangers; incourage them to engage the utmost of their Endeavours and Abilities in the businesses of Peace and Security, leaving them no Fears, but only of any Disturbance of the state of things, which hath secured unto them all their principal Interests in the World. And how foolish, senceless, and unbecoming of Men, would any other Thoughts be? To think, That Men who have given this Evidence at least, That they are such as exercise A Good Conscience towards God and Others, in that they have suffered for it, and are ready yet farther so to do, should not despise and contemn all suggestions of unpeaceable Dispositions, or should suppose that they tbey have any Community of Interest with such as being not concerned in Conscience with them; at least not so far as to evidence it to be their Chief and Principal Interest, as theirs it is; or to have any Inclination to the Disturbance of the Publique Tranquility, wherein all their Desires and Aims are secured; Is to judge by such Imaginations of Folly, Madness and Wickedness, as Those who use these Pretences, would be loth to be judged by; although They have not given that Testimony of Their Respects unto Conscience, which the Others have done. And hereby, whereas the Parliament have been necessitated through the Exigence of the publique Affairs, to engage the Nation in payments not passed through without difficulty, they will, as was said, put a real and effectual Obligation upon great multitudes of Men, without the least semblance of Disadvantage unto any others. Neither is this a matter of any Expence, but only of Generous Clemency in themselves, and the deposition of Wrath, Envy, and Revenge in some few others; things that may be parted withal, without the least detriment unto humane Society. And, as it is in the Matter alone of Indulgence, and Conscience, wherein the People are capable of a sensible Obligation, others not concerned therein, being apt to think that all which is done for them, is but their due, and less sometimes then is so; those Partakers of it, by an avowment of the favour received, will be in their own minds indispensably bound to promote the common Interest of Publique Good. It is true indeed, that the Parliament have thought meet some years past, to direct unto another course of Proceedure: But Dies Diem Docet. And wise men are never wont pertinaciously to adhere unto the pursuite of Conjectures and Projections about future Events; Such as former Laws were Suited unto, against Experience, and those second Thoughts which a new consideration of things may suggest unto them: Besides the alterations of Affairs in many concernments concernmenrs , may fully justifie the alteration in Resolutions pleaded for; which is not such neither, as to be contradictory unto any thing already Established, but what may be brought into Compliance with it, and Subordination to it: They may say of what is past, as was by one said of old: Res duræ & regni Novitas me talia cogunt. The present Assurance of publique Peace and Tranquility, admitts of Counsels impartially tending to the Good of all, uninfluenced by a mixture of Fears and Jealousies. But suppose the Peace and Prosperity of the Nation to be much Secured and Advantaged by an Indulgence, as undoubtedly under the Protection and Blessing of God, it will be; yet I have heard some say, and it is commonly pleaded, That the Church will not be able to keep its Station, or to retain its it Members in compliance; but they will many, if not most of them, make use of the Liberty desired; especially if it be for and unto Protestants, which must be prevented. Now this I confess seems strange to me, that any such events should be feared or expected. Those who make this Objection, Suppose the Church to be really possessed of Truth and Order in the matters that are in difference; They express every day not only the great Sence they have of the Learning, Ability and Piety of the Clergy, but are ready also on all occasions, to contemn their Adversaries, as men Unlearned, Weak, and Inconsiderate. It is also granted that all outward Priviledges, Incouragements, Advantages, Promotions, Preferments, Dignities, Publick Conveniencies, Legal Maintainance, are still to be confined unto the Church, and its Conformists; as also that those who desire the benefit of Indulgence, must together with an Exemption from all these, pay all Dues required by the Law to them; and if they will joyn themselves unto others, besides a Deprivation of the great conveniencies of their usual places of Assemblies, and their Legal Interest in them, and the Inconveniencies of repairing unto other Assemblies, it may be far remote from their Habitations, contribute also to the Maintainance of their Teachers where it is indispensably needed. If I say, all these and the like Considerations, with a Reputation of publick Favour, and regard with Authority, be not sufficient to preserve and secure the Church in its Station, and its Members in the Communion of it, It is evident that they are things which have no Foundation in the Consciencies or Minds of Men, but stand meerly on the props of Law and Power. Which if true, is yet a Secret which ought not to be divulged. I confess Chief Justice Hubbart, in his Reports, in the Case of Colt, and the Bishop of Coventry and Litchfield, says, That though it be de Jure Divino, that Christian People be provided of Christian Officers and Duties, as of Teaching, Administration of the Sacraments, and the like, and of Pastors for that purpose; and therefore to debar them wholly of it, were expresly against the Law of God; yet all other things, as he there shews, are not so: For (saith he) We know well that the primitive Church in her greatest purity, were but Voluntary Congregations of Believers, submitting themselves to the Apostles, and after to other Pastors, to whom they did minister of their Temporals, as God did move them. A liberty for which state is pleaded for, the thing it self being owned to be according to the Pattern of the Primitive Church in her greatest Purity. And if it be so as he speaks, all other Orders and Observances in the Church, must be built onely on Law and Custom. But yet such is their Force also on the minds of Men, that as attended with the advantages and conveniences before mentioned, and fenced by the inconveniences and disadvantages which attend Dissenters; the Differences also contended about, being of no more weight than they are; there is no doubt but the most of men, at least to the full as many as without force to Conscience, will do so under the severest Penalties to the contrary, will continue their adherence to the present Church-state, although the Liberty of the dissent desired, should be indulged. It may be this suggestion of Peace and Moderation, may not have an equal rellish unto all Pallats, nor find a like reception in the minds of all. The Interest of some, and the Prejudices of others, are so important with them, as that they cannot attend unto impartial Reason in this matter. I am perswaded that some have scarce any better or more forcible Argument, to satisfie their own Minds that they are in the right in Religion, than the inclination they find in themselves to hate and persecute them whom they suppose to be in the wrong; or at least that they can no longer believe that to be Truth which they profess, than whilst they are willing and ready to destroy with violence that which is contrary unto it. For what is forborn, they suppose must needs be approved; all which are so palpable misapprehensions, as there needs no Endeavour to lay them open. It is far enough from being an evidence of Truth in any, that they are ready to destroy them that are otherwise minded. It is Errour and Superstition, which being conscious of their own weakness, are impatient until their Contraries are ruined. And never are there such Mutual Violences in Matters of Religion, as where the several opposite Parties are all of them most grosly erroneous and superstitious. The Egyptians were of old the scorn and sport of the World for their Devotions in general: Oxen, Apes, Crocodiles, Garlick, and Onions, being some of the best of their Deities: And yet about these they had amongst themselves such endless Animosities, and mutual Persecutions of one another, as can scarce be parallell'd. So he tells us: And what was the ground and occasion of the Quarrel? Crocodilon odorat Parshæe, illa pavet saturam Serpentibus Ibin. Their Controversie was about the Worship of a Crocodile on the one hand, and of a Fowl that devoured Serpents, on the other. Neither is the Difference of much more importance, or managed with much more moderation, which is at this Day between the Turks and Persians, about the true Successors of Mahomet. So little Reason have Men to please themselves with a surmize of being possessed of the Truth, by the inclination that they find in themselves to persecute the contrary: Seeing such an inclination is an inseparable Companion of Error and Superstition, and is generally heightened to Cruelty and Revenge, according as Men by them are drenched in Folly and Blindness. It is yet pretended by some, That such a Toleration as will satisfie them that desire it, and secure the Publique Tranquility, however it may please in the notion of it, will yet be found unpracticable when it comes to be examined and instanced. But it is evident that these pretences must be countenanced by some peculiar Consideration of this Nation, and Government thereof; seeing the utmost of what is here desired, is both established and practised in other Nations. The whole of it is plainly exercised in the Kingdom of France, where the Protestants paying all Duties to the Church, sustaining all Burthens and Offices in the Commonwealth, equal with others, are freed from Ecclesiastical Courts, Censures, and Offices, and all Penalties for their Dissent, with an allowance for the Worship of God in their own Assemblies, provided by themselves, and known to the Magistrates under whose Jurisdiction they are; which is the sum of all that is here desired. The like Liberty, if I mistake not, is granted to the French and Dutch Churches here in England. The United Provinces of the Netherlands have continued in the same practise ever since the Reformation. So also hath the Kingdom of Poland, where the Dissenters are both numerous, and divided among themselves. Lutherans are tolerated in the Dominions of the Pauls-grave, Elector of Brandenburg, and Landtgrave of Hassia: So are Calvinists in many free Cities of the Empire; in some places of the Kingdom of Denmark: And both Lutherans and Calvinists in sundry Principalities in Germany, whose Magistrates are of the Roman Religion. In the Hereditary Dominions of the Emperour, where-ever Difference in Religion once made an entrance, either a Forbearance and Toleration is granted and continued, as in Hungary; or the Countries themselves have been made utterly waste and desolate, as Bohemia and Moravia, and yet in a great measure continue so to be. The Attempts of the Duke of Savoy against it, have been condemned, detested and abhorred, by all Princes of the same Religion with himself, and yet have ended in some tollerable forbearance. It is also known, that the Kings of England have by vertue of their Power in things Ecclesiastical, in all Ages as occasion required, and as they saw meet, exempted Persons and Societies from the common and ordinary course and way of Church-Discipline and Inspection. Certainly therefore the unpracticableness of such an Indulgence lies in the desires of them, whose Interest, as they apprehend, is opposite unto it; although it is more probable, that their Moderation known and declared in this matter, would give them a greater Interest in publique Esteem and Veneration, then by any other ways they are like to obtain. Neither is this at all by wise men to be despised, who are able to foresee the probable events of continued Exasperation. Why then should men pretend, that that cannot be done, which hath been done, and is done at this day in so many Kingdoms and Nations, with the wished-for success by Peace and Happiness? And as it may be very few Instances can be given of such Severity against Dissenters, who come up to so full an Agreement Agreemment in all material things with them from whom they dissent, as that of late practised, and still pressed for in England; so it will be found, that whether we respect the Nature and Temper of the People of this Land, or the admission of the Principles of Dissent, with the grounds of them, in Multitudes; or the Resolution to undergo all Difficulties and Sufferings, rather than to transgress against the Light of their Consciences; or their Valuation of Forbearance above all Secular Things whatever: There is no Nation under Heaven, wherein such an INDULGENCE or TOLERATION as is desired, would be more Welcome, Useful, Acceptable, or more subservient to Tranquility, Trade, Wealth and Peace.

Religion

Indulgence and toleration considered: in a letter unto a person of honour

RelB1674

THe CAUSE of the GOD of TRUTH hath rarely wanted the Endeavours of men of greatest Power and Literature in almost every Age to slander it, nor the constant Adherers to it, contumelious Treatment for their Integrity: No Virtue hath been so Conspicuous, no Quality so Great, no Relation so Near, as to protect them from the Fury of blind Tradition and prejudic'd Education. But as this ought not to discourage any that pursueth so Good and Heavenly an Interest, especially, when the Invincible Faith, Patience and Hope of those Holy Ancients that so heartily espoused it, stand before us as so many bright Examples and Encouragements; so neither have the many and great Attempts of Men of divers, yea opposite Interests, to render us Unfit for the Earth, and (what in them lyeth) to invalidate our Claim to Heaven, abated one Grain of our Love to, Confidence in and Zeal for that worthy Cause: And Blessed be the God and Father of our Lord Jesus Christ, their Essayes have been Insuccessful, their Designs frustrated, and not one of their Weapons form'd against our Sion hath yet prospered; But Crescit sub pondere Virtus. These very Sufferings God hath turn'd to our Enlargement, daily rewarding our Tribulations with Patience, and our Conflicts with Joy in the Holy Ghost; fulfilling to us that comfortable Saying of the Apostle, All things shall work together for good to them that love him. Having this Encouragement from God, what Injury soever we sustain from Men, well may we say with that Kingly Prophet, Whom should we fear? Of whom should we be afraid? With that Godly Resolution, which becometh the Justness of my Cause, I enter upon my present Work, and first of the Occasion. We have been long threatn'd with a Report of the joynt-Endeavours of many Ministers, which rais'd several into an Expectation of some notable Piece, some grave and moderate Disquisition of what had been as frivolously as fouly mannaged by our other petulant Adversaries, that the Controversy so long depending, might terminate with some Advantage to such as had made any sober Enquiry after it; but we had no sooner received and lookt into the Book, then we saw our selves under a very great Disappointment; for instead of some New Essay behold! an Old Discourse new vampt, or a new Impression of a Book twice largely consider'd, and some think, effectually Answer'd, I mean, John Faldo's Quakerism no Christianity, but now recommended, as the Title-page tells us, by the Epistles of many Learned, and Worthy Divines. But since it hath pleased so many Persons under that Character, to fall in with his Discourse against us, to Commend it so highly, Recommend it so earnestly, and bestow so liberal an Elogie on him that wrot it, I think I may without any the least Injustice, look upon them as Authors of this Impression, and consequently (by espousing his Endeavours) Responsible to the People call'd Quakers, for all those Miscarriages therein rightly chargable by them upon him: And I no waies doubt, through God's Assistance to evidence their Concern in this Affair to carry with it an utter Inconsistency with that Superbe Title they have either given themselves, or the Author or Bookseller conferr'd upon them for the good turn of their so seasonable Epistle, viz. LEARNED, REVEREND and WORTHY DIVINES; Words that make a fine jingle, and please and blow up Vain People at a strange rate. The first Paragraph of their Epistle is a great Truth, both worthy of the Minds of good Men, and necessary to be consider'd at any's Entrance into the Judgment of another's Cause; It runs thus: One and Twenty Divines. That, as God is the Wise Distinguisher of Good and Evil; and so loveth the Good in any, as not to abate his Hatred of their Evil; and so hateth the Evil, as to love all that is Good; So is it no small part of the Wisdom and Integrity of his Servants to Imitate him herein; and not like Men blinded by Partiality, to justifie all in those whom they like, and Vilifie all in those whom they dislike, &c. W. P. One would think by this that you had Imitated God in your Conduct towards the Quakers; and doubtless you writ it, that those that read it should think so: but why? I know not; unless because you looking upon your selves his Servants, such ought to do so or else to give greater Credit to your Work then your selves perhaps believe it deserves: But let us hear what Use you the great Men of Uses, make of this Introduction; I find it in the next Paragraph in these Words. One and Twenty Divines. This Justice we must and will observe towards this People, called, Quakers, The Fear of God and Love of Truth forbids us to render them Worse or Better then they are. W. P. Better! there is little Fear you will: You may turn Pelagian in the Case, and exclude all Divine Assistance; for I hope none are so ignorant in this Age, as to think that Men of our Stamp need special Grace to keep you from the Sin of rendering the poor Quakers Better then they are: How much Worse will be the Question? I confess, you say fair; but what if you break your Word with us? Must not your Censure of us fall upon your own Heads? And will it not be reasonable for us to interpret your Use of so true an Expression to be a Trick to decoy People into a Belief, that you had taken right Measures of us, whilst you have really dealt most unjustly with us. Let me a little expostulate with you in this Matter. You have either read or not read the Book ye recommend: If you have not read it, certainly you have done very Ill to recommend it, since you know not what you recommend: which is not to Imitate God, or do the Quakers Justice: If you have read it, you manifestly entitle your selves to all the Evils of it. Again, since the Strength of the Book depends upon Testimonies out of our Writings: either you have compared his Citations with the Books themselves, or ye have not; if you have not (and I am apt to think that's your Case) you commend him, and condemn us by rote: If you have compared and considered them, you must needs have offered great Violence to your Understandings in giving your Approbation, which anon we shall so undeniably evidence, as it would have been comparatively your Virtue, to have recommended the Book without reading it or examining the Citations. Besides, the most of what he chargeth upon us to be our Principles, are not so laid down by any one of us, nor, say we, sayable by any of us upon our real Principles; but are such Consequences as he through Ignorance or Malice hath indirectly drawn from our Words: For Instance, That there is no other Judgment, Heaven or Hell, then what is within us in this Life; Which is so far from being our Principle in Our Words, that it is as inconsistent with the Truth of our Creed, as Darkness is with Light: Charge this upon him , and he will tell you, I doubt not, That this is not the Quakers Faith in terminis, but the Consequence of it; but then it is to be observed, that he must have the making of it. I would fain know of you, if you would be so treated with the Respect to the Articles of your own Creed? Would you esteem it just in me, to give my Consequence for your Principle, supposing I thought it a true Consequence, especially if you reject it? For Example; You are most, if not all of you, strict Calvinists in the Point of Election and Reprobation; would you take it for a candid Representation of your Judgment, that I should proclaim it to the World, T. Manton, T. Jacomb, &c. believe, That God is the Author of Sin; That God's Secret Will crosseth his Revealed Will; That no Man is oblieged by the Laws either of God or men; That Men are not the Cause of their own Destruction; That there are neither Rewards nor Punishments, &c. because perhaps I believe those Consequences to be deducible from the Calvinistical Principle? I am perswaded you would look upon me as an Injurious Person in so doing; yet this hath been the Practice of your Reverend Author J. Faldo: and which is less to your Credit, you have notwithstanding commended him in it, which, how well it suits with One and Twenty Learned and Reverend Divines, I leave to their Judgment who understand what Persons of such a Character ought to do and be. But I hope you do not think this to be Imitating of God; if you do, your Case is desperate. But had your Carriage been less blamable in these Particulars, it had not only been your Discretion, but Duty, to have enquired if ever any thing had been writ in Answer to this Discourse you recommend, by any of that People that it was writ against; if there had, to have procured and perused it, before you had so freely spent your peremptory Judgment against us. You generally fling Infallibility at us, though it be about Matters of highest Importance to Salvation, as if it were a Capital Sin to be assured of what a Christian ought not to make a Doubt of, and yet nothing below asscribing such an Infallibility to your Reverend Author, can excuse you in not examining him by our Discourses, before you conferr'd so kind an Epistle upon his Book: I ask you, if the like Practice would please you in your own Case? you have prov'd, it doth in ours, which makes not for your Honour: Some of you are Writers your selves, and thereby have ascended to no small Degree of Fame for some thing or other; tell me honestly if you would think it a Piece of Justice in any Class of Men to recommend a Book most abusive of your Religion to the World, for an Ingenious Essay, an Exact Account of your Belief, a Tract that in Matter, Proof and Style (your own Words) merits the Notice of all such as desire an Information concerning your Principles of Religion, whilst you both disown the Principles of Religion it calls yours, and in Two large Answers have detected him of several hundred Miscarriages against your Persons and Principles? I am perswaded you will provide better for your selves. But if you must needs be so liberal, me thinks your Recommendation had been better bestow'd upon his Vindication, since his writing That, proveth, This wanted it; and if it wanted it then, it wants it still, and yet it seems the Book Vindicated must be the Defence of the Vindication, and all the Return I am like to have to my Rejoynder, bating The Epistle of many Learned, Reverend and Worthy Divines, in Praise of such a Book, and such an Author: May none of you, at least in this Temper, be Inquisitors when I am to be examin'd for my Religion! I shall now fall more closely to the Matter of your Epistle. One and Twenty Divines. The Quakers preach another Gospel, and endeavour to seduce wellmeaning Souls, to whom they speak in unintelligible Words, and from whom they hide the Poyson of their Antifundamental Doctrines. W. P. Here is a great deal in a little, and very sowerly said: Were it as True as it is False, the Day were yours. You say, We preach another Gospel: You do but Say it, and I thank God, You can Do no more. But doth it become One and Twenty Learned and Reverend Divines, to give so general and black a Charge, without making any the least Offer to Prove it ? Is not this to Calumniate rather then to confute us? If you say, your Reverend Author, John Faldo, hath done it for you, I must tell you, that he is an Irreverent Abuser of God, the Christian Religion and the Quakers; and which is more to my Contentment, whatever it be to his and yours, Some, and No Quakers too, think, I have prov'd him such. And let me ask you, If it be Another Gospel, To own Remission and Eternal Salvation by the Son of God, both as he appear'd above 1600 Years ago in the Flesh, and as he reveals himself within in Power and Spirit? What is the Gospel or Glad Tidings, but Deliverance from Sin here, and Wrath to come? And what can effect this, but the Powerful Grace of God that bringeth Salvation, which is dispens'd by Him to all men, who is full of Grace and Truth? For the other part of your Accusation, That we should Say one thing & Mean another; It is by Consequence, to call us the worst sort of Knaves, by how much a Deception in matters of Eternal Moment, is more impious then any Cozennage about things of this Life; and yet you would be thought Charitable Men, and say, We want it: Is this the Way to supply us? But I would willingly know of you, By what Skill you arrive at the Knowledge of our Hearts? Inspiration is one part of our Heresy, if your Reverend Author is to be credited: The Scripture can not be your Rule in the Point; for that nowhere saith, The Quakers Say one thing and Mean another: and if you measure us by our Words, you must grant, that either you do not understand us, or we mean very Good Things; for you elsewhere say, That our obnoxious Tenets we usually mask under Expressions Doubtful, Unintelligible or under Scripture and Orthodox Phrases: If Doubtful, your Consequences can not be Certain; If Unintelligible, you infer that which you do not know; If Scriptural and Orthodox, you must either tell us, how you come to know our Meanings to be Contradictory to our Phrases, and prove them such, or you must acknowledge that we stand upon Equal Terms with your selves; I do not say, upon no better, for as great Infidels as you would have us to be, we have both Discretion and Religion enough, not to write such Abusive and Contradictory Things, as so fluently drop from the pens of One and Twenty Learned and Reverend Divines. But your Incharity far exceeds your Indiscretion; You make us to know Poyson, and to hide Poyson, giving for Antidotes, Destructives to the Souls of Men and Women. I would fain know, why the Conscience of a Quaker should not be as good as the Conscience of a Presbyterian or an Independent? what Mischiefs have we made our selves Authors of to the World, that it should not be as valid every Jot? Have we no Souls to be sav'd? Is there no Desire in us that they may be sav'd? No Honesty? No Conscience? No Fear of God? All animated to such Evil Purposes, as the Wilful Damning of our selves, & the Proselyting others into Eternal Misery; and rather then not compass such an End, expose our selves to all sort of Sufferings in this World? Oh bitter Invective! God, the Searcher of Hearts, will require this Injustice at your hands: You have unworthily traduc'd the Reputation of those who dare meet with you upon a publick Test, to prove their Integrity to God and Men. Why will you give such occasion to remind you of Old Stories? But of that anon. Had you judg'd us Ignoramus's, you had been kind to the Cruelty of making us designed Murderers to our own and other mens Souls: God forgive you. But this I must tell you, that it is not We, That say one thing and think another; but You, and such as you are, that make us think another thing then what we say, and then entitle us to your own Inventions. I must further tell you, We make it not our Business, as you falsly insinuate, to decoy People into antifundamental Principles: for besides that we know none to be such that we hold, we make not our Religion to stand in a Belief of so many verbal Articles; but a Conformity of Soul to the Grace of God It is a great part of our Work, to dehort People from curious Enquiry after Notions & Opinions, be they never so true in themselves; knowing how much more beneficial it is to Men, and well pleasing to God, to have an Honest Heart, then a Full Head: DOING is degenerated into TALKING, and the LIFE of Religion into Contention about the NOTION of it; Such Christians will not stand in God's Day: Besides, many of those, who are otherwise remote enough from saying any thing in favour of the Quakers, do frequently acknowledge, that They generally preach and press Good Living. It is our Desire to bring men into a Sence of God's Grace in their own Hearts, and to know the effectual Operations of it, to the Renewing of their Mind to God; And That Divine Assistance within, and right Use of the holy Scriptures without, are enough to inform them of what is fit to be believed. And though you would have People think very severe things of us, with respect to the Scriptures of Truth, by telling them, the Quakers hold, That the Scriptures are not the Word of God, nor a Rule of Faith and Practice, yea, that we readily assert it in so many words: I must tell you, you have acted with us herein far from men of common Ingenuity; A man might, at this rate by Scripture prove, There is no God, if he would but leave out, The Fool hath said in his Heart. We deny the Scriptures in that sense wherein you deny them to be the Word of God, that is to say, The Word that was in the beginning with God, and was God, which you call the Essential Word; and, because we find in no place that it calls it self The Word of God, we rather chuse to say, The Scriptures given forth by Inspiration, are the Words of God. The like Abuse you put upon us about denying them to be a Rule of Faith and Practice: you leave what makes for us behind, that you may make your Advantage of what you take; That the Scripture is not a Rule in all things therein exprest, you your selves confess, respecting the Dispensation of the Jews, and other things; and that there may be somethings wherein the Scriptures cannot be a Rule, I presume you will not deny: and that they are not a Rule in any Case, the import of your Charge, we utterly deny; for we believe and know they contain many godly Rules: I shall place this to the rest of your Account of Calumnies, and so proceed. One and Twenty Divines. Though the Reverend Author hath shewed you how much infidelity is among them, and how many of the very Essentials of Christianity their Leaders contradict, and how consequently they are indeed no Christians; yet it is not his purpose (as he plainly premiseth) to fix this sad Character upon all those who pass under the Name of Quakers There are divers of them, who are honest and well meaning Persons. W. P. Methinks you are got into a very kind mood, of a sudden, but it holds not a whole page; for you tell us soon after, That the whole Body of this People seems to be judicially deserted of God : If so, then no more Christians then their Leaders, as you are pleased to call them; neither Honest nor Well-meaning, unless God judicially deserts honest and well meaning People. In the next page you call them Wasps of Satan's Hiving, who have Hives, but no Honey, or sweetness of Spirit, except for themselves . The less we have, the more you have; And would not one think you all Honey by your Writings? How can you expect that we should have any to spare, whom you make to have so little, if any at all? And what need is there of giving to them that think they have so much already? The Truth is, we are Wasps, and you are Bees by one and the same Figure: We know that you have always a good Name for your selves, and have long loved the HoneyPot; But where did you get it? Did you gather it? No such matter. Of who then? Of the People, no doubt; they Toyl, and you Talk; they are the Bees, and you so many cunning Hivers, at the Tinkling of whose Bells the silly Bees assemble, and when you have safely Hived them, your next Business is to take their Honey from them. Howbeit, if we are Wasps, then not Bees, by which I suppose you intend Christians; if so, your Charity is at an end, and those you Christian'd with J. Faldo just now, you do here manifestly Unchristian; unless Wasps be Christians, and that Christians, while such, may be judicially deserted of God, and hived by the Divel. Methinks such Contradiction becometh not Men of your Style and Pretences. But tell me, why are we judicially deserted of God? Is it not beause we have judiciously deserted you? And don't you therefore say we are hived by the Devil, because we will not let you hive us? speak Truth Fain would you have it (according to the old Proverb) as your Bell tinketh, the poor Quaker thinketh. But blessed be God, his Grace has made us wiser then such Teachers; we know the Heavenly Voice of our spiritual Shepherd, and can no more suffer our selves to be carried away with a Worldly Ministry; and that I aver to be such, which is not founded upon the Revelations and internal Motions of God's Holy Spirit, a Principle you do, in the Person of your Reverend Author J. Faldo, not only deny, but deride, who is so far from shewing any Infidelity amongst us, that his Book is but a Proof of his own Injustice; and not that our Principles, but his corrupt Consequences contradict the Essentials of Christianity. This is an Inadvertency in you that well deserves, as my Reproof, so your Repentance. But to your next Passage. One and Twenty Divines. And the Truth is (excepting some Jugling Socinianiz'd Persons or Papists that assume their Name) there are few of them who are Men of so much Understanding and Consistent Principles, as to be Able and Willing to give a Methodical and Intelligible Account what they themselves or their Party hold. W. P. A quick Way to do a Quakers Business at once: He must either be an Ignoramus, a Socinian, or a Papist, chuse him whether; if an Ignoramus, he is laught at; if a Socinian or Papist, he is hated. Doth this flow from the Beeishness of your Nature, Jugling Socinians, Papists or Ignoramus's? These Expressions do not quadrate with the Titles of Learned and Reverend Divines. What is it but to tell us, you resolve to render the Quakers odious, and if they have nothing of themselves, you will adapt any thing that is hateful of other Perswasions into theirs, that you may bring them into Suspicion and Abhorrence with your Paople: However, you are so constant to contradict your selves, that you grant to some of us both an Ability and Willingness, to render a Methodical and an Intelligible Account of what we and our Friends believe, after having rated us for designed Obscurities and affected Unintelligibleness. But that I may not leave you so, let me tell you, first, that both Socinians and Papists have written, and that with Severity against us; next, The Labours of no Adversary hath had more grateful Acceptance in the Thoughts of your Reverend Author J. Faldo, then a noted Socinian, of whose Attempt he speaks thus; I resent it as one of the best and most ingeniously mannaged that ever I read against that Sort of People , meaning the Quakers: He also, both in his first Book and in his Vindication, as heartily advocates the Cause of a Socinian against me, as if he had been doubly feed to the Work: Besides all this, we have been of late both publickly publibkly and vehemently, yet groundlesly, exclaimed upon, for denying the Man Christ Jesus, and asscribing the Christship to the Divinity alone; and you know the Socinians own him to be but a bare Man; and that some of our eminentest Adversaries in that Controversie were assisted by Socinians, I am able to prove: But to what Pitch of Inconsistency may not the Pride, Passion and Prejudice of Men raise them? You think it enough to do our Business, to pin the Pope at our Tail; but you may remember how unjust you thought such Suggestions from some of the former Prelates of the English Church, who made the same Use of your Separation; and as well as you Presbyterians & Independents agree against us, both of you have mutually Jesuited one another; the Refuge of Malice, when drove to a Pinch. To conclude, I must tell you, we are neither Socinians nor Papists; and I do hereby require at your Hands to produce one Socinian or Papist that goes under the Name of a Quaker among us; till when you remain under the Just Imputation of Slanderous Persons. But let us see what is next. One and Twenty Divines. Divers Honest, Well meaning and Ignorant Persons have fallen in with the Quakers, supposing them by their plain Habit, Austerity and rude Deportment to be the strictest, and threrefore the Holyest Sort of Professors - And thus seeing no farther, they become Quakers, from the same Principles in the main, and from the same Dispositions, as the more Ignorant Votaries among the Papists are Carthusians, Franciscans, and other such like Monks and Nuns. W. P. I would fain ask you, if you can yet think your selves Men of Charity? You elsewhere say we want it; & at this Rate we may do so for all you. Behold the Brand you set on every Soul that leaves you! Can you satisfie your Consciences, that you have herein shown the Justice you promised us, in describing the Quakers, or Imitated the Rectitude of God in the Measures you have taken of us? Truly if you can, they are greatly to be suspected: Give us one Instance of any Honest or Well-meaning Person, that for the sake of those outward Appearances became a Quaker, which in other Terms is, to expose themselves to the bitter Anathema's of such High Priests as your selves, the Severity of their dearest Relations, the Penalties of Magistracy, and to the general Reproach of the Multitude: Methinks, upon second Thoughts, you should not have such good ones of your selves, and such bad ones of your Neighbours; But though you take so little Care of being tender, nay Just to us, yet you should be more circumspect for your selves: You tell us in the Person of J. Faldo, That the Quakers deny to perform any Thing relative of Religion, but upon Inspiration or Motion of the Spirit; And you all know, or may know, the Papists turn not Carthusians, Franciscans &c. upon such Pretences, or as being so disposed: You, or your People have affirmed, That they by such Works think to merit Eternal Life ; Whether it be true or false, let them look to that; sure I am, that such as say, Those Works are my Works, and that upon my Principle , who otherwile tells the World, That I admit of no Work in Religious Matters, but by the Impulse of God's Spirit , contradict themselves to purpose, and that you have done. Popery brought into Company with what you call Quakerism, doth your Work with some of your Vulgar; but your Comparison had shown less of Envy, if you had pleased to produce those Principles, and describe those Dispositions you unworthily insinuate Quakers and Monks in common to be acted by. But methinks, your frequent frothy Reflections upon our Deportment as Monkish and Cynical, &c. look more then ordinarily ugly from the Mouths of such as profess themselves to be of the Race and Stock of Ancient Puritans, whose little Bands, cropt Locks, exceeding plain Apparel, severe Aspects, with many more Instances of Preciseness and Austerity, as you call it, were the Subjects, frothy Minds play'd upon: You do not think B. Jonson acted like a Christian-Man in his Comical Representation of Puritans, & yet your selves call'd Learned, and Reverend Divines, have shown as much Injustice, though it may be, one and Twenty more of you could not show so much Wit. It is known to God with what Sincerity we are acted in Obedience to the Convictions of his own Spirit, and that it is not Affected Singularity, but Real Conscience, that engageth us to those things you make the Subject of your Mockage and Contempt; and God hath to reckon with you for the Liberty you give, and your People take: To indulge them in that Unchristian Latitude, and fling Monkish Austerities upon us, who through Fear of offending Almighty God, by giving Way to a Worldly Appetite, conscientiously live under some more then ordinary Restriction is, to deal deceitfully with them, and injuriously with us; and God will judge for these Things. The Truth of the Matter is, you are Angry the People can live without you; and rack your Wits to bring that Principle, People and Way into Suspicion and Hatred, whose selfDenyal judgeth you and yours: your Interest in People stands in that, which when the Everlasting God shall terribly shake all Things, will fall; nad such as have vainly conceited themselves Christians upon your Character, they will be found without their Wedding-Garment. But the Truth is, nothing is well with some Men that a Quaker doth; if he be retired, he is sullen; if plain in his Apparel, Cynical; if careless about Salutation, Proud; his Industry must be Worldly-Mindedness; his Moderate Uses of Injoymens, Penuriousness; his Hospitality, Flesh-Pleasingness; his being at a Word, a Decoy for Custom and a New Way of Cheating; if he refuse to answer any Questions relating to Religion, either he can give no Account of his Religion, or he he he holds some Error he is afraid to discover; if he doth answer them, either it is Nonsense or Equivocation: In short, his Virtues must be Vices; but this is his Resolution, if to be, as he is be to be Vile, he will be more Vile; and I doubt not but God will plead our Cause against you, and evidence to you and all Men, that we have not pursued Cynical Singularities, nor Affected undue Separation; but with Holy Fear and Sincerity of Soul have been herein resign'd to the Good-Will of God, as he hath made it known by the Light of his Son in our own Consciences; and this I affirm, that all those Endeavours many vigorously employ to vilifie an Inward Principle, and disswade Persons from believing in it, waiting upon it, and being guided by it, center in the rankest Atheism, because the Sence and Influence upon the Mind, is the most sensible, express and constant Argument for God and his pure Religion, which lost, makes Way for Infidelity. But as in Point of Doctrine, so in Conversation you believe we are not all alike; your Words are these: One and Twenty Divines. And yet some of them being Rich, and grown into Estates in the World, can and do live in as Flesh-pleasing Fulness, Splendor and indulging to a sensual Life, as others whom they have condemned. W. P. I would willingly know these Persons, who they are, and where they live: Did you love Truth and your own Credit, ye would scarce be so lavishing of your Words. You say, We condemn all but our selves; what is the Consequence but this, if you speak true, That there is not a Person in the World that is not a Profest Quaker, who either hath more Ability to live Flesh-pleasing, or that actually doth indulge himself more to a Sensual-Life then some Quakers can and do, Which way to save your Credit, I know not, unless you make it appear that the Quakers are both as Rich as other Men, and as indulgent to themselves in all sensual Pleasures. I perceive, rather then the Quakers shall want Faults, you will make some for them; a Practice very unfit for One and Twenty Learned and Reverend Divines! But to do you right, you are kind in your Cruelty; you provide against believing what you say, by saying what is incredible of us. I shall now consider your Recommendation of his Book. One and Twenty Divines. Wherein the Quakers Principles are more thorrowly investigated then in any Book which we have seen; and we judge it for Matter, Proof and Style, to be especially useful for those who need, or desire Information concerning the Quakers and their Principles. W. P. Had we no other Weapon, this were enough to Wound your Cause incurably; for first, he hath laid down about 20 Principles in the Quakers Name, 18 of which are not only None of theirs, as so exprest, but not so much as by Consequence: That they are none of ours, it is enough we say so, unless our Faith is not to be taken at our Mouthes, but at our Adversaries. He that tells me I believe that which I do not believe, is either Foolish or Dishonest, and his Confutation is not of me, but of himself. That they are not our Principles by Consequence, I have abundantly proved, both in my Answer and Rejoynder: However, Matter, Proof and Style you commend it for. The Matter of it lyeth in the Proof of it: What Proof and what Style, I am willing to shew you; and first, as to Proof. Who would not think it excellently performed, that hath such an Epistle, and so subscribed, on Purpose to recommend it? But that so many Men, with such fine Titles, may be guilty of great Mistake and Abuse, I will produce you Ten Instances of Notorious Perversion, any one of which were unworthy even of such poor Heathen as ye think us to be, referring you to my Answer and Rejoynder for a more compleat Detection of his Miscarriages. 1. John Faldo affirms, That W. Smith had not one Exhortation to read the Scriptures; nay, that the main Design of the Book was to deny them, and throw Dirt upon them ; yet J. F. cites him concerning the Scriptures, thus: Qu. no Chr. pag. 45. Child, Then the Scriptures are to be own'd and believed, &c? My Answer, pag. 42. Father, Yes, They are to be OWN'D and BELIEV'D; and they that do not so, are to be DENIED. Rejoynder, pag. 60,61,62. Observ. Can any thing be more inconsistent, then your Reverend Author? Is it this sort of Proof you commend? Can you think this the Way to convert such Infidels, as you deem us to be? To this let me add another notable Passage in the same Discourse he faults with Dirting and Denying the Scripture. Rejoy. ibid. Quest. Of what Service are the Scriptures as they are given forth and recorded without? Answ. MUCH EVERY WAY unto those that have receiv'd the same Spirit from whom they were given forth, for unto such they are PROFITABLE, and MAKE WISE unto Salvation; and are unto them of Service, for INSTRUCTION, EDIFICATION and COMFORT. Obs. Is there no Exhortation lodg'd in these words? And is this to Deny or throw Dirt upon the Scriptures? If any shall object W. Smith's making the Spirit necessary to the profitable Reading of the Scriptures, let them go to W. Tindal, J. Bradford, Bp. Jewel, J. Philpot, Luther, Calvin, Peter Martyr and others, they will preach them the same Doctrine; which I have observ'd in my Rejoynder, and may easily be found in my Catalogue of Authors. 2. My second Instance shall be this, That he maketh W. Smith call the Scriptures Traditions of men, Earthly Root, Darkness, Confusion, Corruption; All out of the Life and Power of God ; which he only asscribed to degenerated Men, their Worship, Imaginations and Traditions. Qu. no Chr. p. 117,119. My Rejoynder, from pag. 141 to 157. Shall this be call'd Proof or Perversion? Doubtless a Proof of nothing, but of that hateful sort of Perversion. 3. That the Quakers understand by Knowledge according to the Flesh; the Use of the Understanding, though sanctified: which is also a gross Abuse both of our Words and Sense. Qu. no Chr. pag. 41. Answ. p. 35. Rejo. p. 424. 4. That I. Penington should call Visible Worship, as such, the City of Abomination. Vind. p. 50. This is a downright Forgery; and your Praise of his Proof makes you Accessories: Look on it as you will. Rejo. p. 194,195. 5. That by Traditions of Men, we understand the Scripture, or written Word. Qu. no Chr. part 3. pag. 88. A base Abuse of our Words. Answ. p. 250. 6. That the Quakers mean by the Vail that is over People, their Belief of the Man Christ Jesus born of the Virgin Mary, to be now existing in Heaven. Qu. no Chr. pag. 89. An Impiety of his own Inventing and your Approving! Answ. p. 251,252. Rejoy. p. 395,396. 7. From W. Smith's saying, that the present Practice of the Sacraments, as, Baptizing with a Cross, and counting the Bread and Wine the Flesh & Blood of Christ, arise from the Pope's Invention, You in the Person of John Faldo, give out, That W. Smith calls the Lord's Supper the POPE's INVENTION. Qu. no Chr. pag. 163. At this rate, what will your Testimony be worth? Little, certainly, with such as know Good Coyn from Bad. 8. From Edw. Burrough's making the Light of Christ within to be One in Nature with the Spirit of Christ; Vindic. from p. 75 to 84. J. Faldo infers, That the Quakers hold the Soul to be God : as if that had been said of the Soul, which was said of the Light of Christ shining in the Soul, or that they were Synonymous. Rejo. p. 348,349,350. What cannot a Man of his Skill in This black Art do? yet this is your own Reverend Author, who for his Proof against the Quakers, is not a little in your Books. 9. Because G. F. rejected that carnal Notion that confines the Infinite Omnipresent God to a Residence only above the Stars, he makes no Difficulty of inferring, That we deny the Manhood of Christ Jesus. Qu. no Chr. p. 9,10. As Absurd as Base! Answ. p. 14. Rejo. p. 420. 10. From our affirming that such a kind of Reading of Scripture as the Pharisees us'd, and to those Ends, makes men harder to be wrought upon to true Conversion then the Heathen, John Faldo infers, That reading the Scriptures, and getting Knowledge thence, puts men into a worse Condition then the Heathen; and that there is scarcely any thing more Dangerous then reading the Scriptures : Qu. no Chr. pag. 190. Rejo. p. 126,127,425. Yea, he accuses us of Charging the Miscarriages of mens Souls on the Knowledge the Scripture BY GOD's BLESSING doth convey. Behold at what rate your Reverend Author hath investigated our Principles! you have said truely in saying, he did it throughly; for he hath scarcely toucht any Thing, that he hath not throughly abused; yet this is the Man whose Attempts so obnoxious as you see, you have adventured to commend. You say, you judge it ( among other Things) for the PROOF of it, to be especially useful for those who desire Information concerning the Quakers and their Principles: That ever Men of your Age, Experience and Reputation should precipitate themselves into any Thing so foul and scandalous! Can you believe this is Imitating God, and being Just to the Quakers? I hope your Condition is not yet so dangerous. I think fit further to add for the Information of the Ignorant, that J. F. began with us in this Book, call'd Quakerism No Christianity; I answered him in a Book, entituled Quakerism a New Nick Name for Old Christianity; against this he put forth his Vindication, unto which I made my Rejoynder, consisting of TWENTY THREE CHAPTERS, in which I vindicated our Principles, stripping them of those frightful Vizards and hateful Disguises he put upon them, confirmed them by many Scriptures and Reasons, and to compleat our Defence, produced in favor of the whole above TWO HUNDRED TESTIMONIES out of both ancient and modern Authors. Besides all this I faulted his Conduct and Behaviour in this Controversie, in above FOUR HUNDRED PARTICULARS, and that under distinct Sections. None of which hath he taken notice of, how much soever it stood his Credit upon; but after his own Proof of his Books, wanting a Vindication, he reprints it to consummate the Controversie. To me it is a manifest Token that the Man hath gotten to a Ne plus ultra, & therefore goes back again; and doubtless, were not his Cause deeply sunk, it should never need the Help of One and Twenty Divines, and those term'd so Learned and Reverend as you are, to recover it, and yet you see at what a Rate you have performed your Task: We have Hopes you will be better advised the next Time; I am sure your Circumstances need it. And that you have as well abused us in your STYLE as Proof, and therefore proportionably deserve the Censure of Impartial Readers, I shall produce some Instances out of your Epistle and his Book. (I may say yours; for ye have made it so by adopting it:) First, In your Epistle, A strange Sort of People, preach another Gospel, and endeavour to seduce well-meaning Souls; Poison of their Anti-fundamental Doctrines; Infidelity among them; Jugling Socinianized Persons; Papists, Carthusians; Franciscans, and other such like Monks and Nuns; Judicially deserted of God; arrived to Pride and Ignorance; seek Back-biting, Reviling and Reproaches; nauscous Conceitedness; Deluded Souls; Barbarous Language; Pittiful Ignorance; No Christians; subverting Christianity; Wasps of Satan's Hiving. This is the Language of your own Epistle, that do not love Reflections nor Railing, if we will believe you. Now for the Style of your Reverend Author in his Books, whom you would, have us believe is a Friendly Person to the Quakers. Of our Light. Ignis fatuus; the second Anti-christ; the Quakers Idol; Pernicious Guide and Saviour; Fancyful Teacher: And in his Vindication, A Sordid, Sinful, Corrupt and Ridiculous Thing. Of our Religion and Friends. Quakerism made its Way by, and began in Blasphemies against the Lord Jesus Christ; Quakerism entered the World, as if Hell were broak loose, and Possessions of Satan were to make Way, and fit Souls for the Quakers Spirit; Blasphemy and Idolatry. Our Friends (Quakers so called) Dark-Lanthorn-Men; being hid with Palpable Knavery and Impudence; Absurd and Blasphemous Idiots; Prodigiously Wicked; Oh the Hell-Dark Expressions of the Quakers Preachers, speak the Amazing Delusions of Satan. And in his Vindication, A Presumptuous and Blind Accuser; a Sophister; an Haman; an Accursed Ham; a Treacherous and Wilful Deluder; a Madman; an Hangman; an Infallible Stager; a Fool; an Ape; a Dunce; an Impudent Forger; and what not? Is this to act like a FRIEND to the Quakers, or give Testimony of a Large Spirit and Principle, as you (to make a foul Matter fair) have so untruly intimated? Doubtless, no Man hath taken more Pains to abuse a poor People, then J. Faldo hath to misrepresent the Quakers; yet this very Style you more especially recommend: Can you yet think your selves Learned, Reverend and Worthy Divines, Men of Conscience and Honour? And the Truth is, you were very hard put to it to make up the Recommendation; for in the Scope of four Pages, you three times compare us to Papists and Infidels; thrice charge and aggravate our designed Obscurity, with abundance of Impertinency and Contradiction; four Times go over our Separation from you; and last of all, you five Times charge us with Singularities, enlarge and grow Elegant upon it, Repetitions, Tautology. And by the Way I must needs take this notice of the New Advertisement in this Impression. First, That he most horribly abuseth us in saying, We pretend all our Ministers to be Infallible. More then ten Times over hath he both scornfully and untruly cast this at us: We asscribe not an Infallibility to Men, but to the Grace of God, and to Men so far as they are led by it; for that it certainly teacheth what it doth teach. Secondly, Whereas he insinuates, as if I allowed of every Passage he cited, as of the Books and Authors themselves: This is so great an Untruth, that many of them are misquoted, and almost every one of them mis-applyed; and this I have largely and frequently complained of in my Answer, and more particularly in my Rejoynder. I leave off Wondering at him; for he seems to have prepared his Conscience for any thing that may countenance his Attempts against the Quakers; which gives us Cause to suspect the altering of the folio of the Old Book in this Impression, is done on Purpose to hinder the Reader from finding his (in my Answers thereto referred) Miscarriages. But to you again. Suppose we are as bad as you bespeak us; how can we help it? Your Principle takes away all Liberty from our Wills, and tells us of being ordained to all these Mischiefs: Would you have us better then we can be? that is, to expect Impossibilities at our Hands? Or would you that we should attempt to invalid God's Immutable and Absolute Decree, which, besides that it cannot be done (allowing your Notion) were a great Impiety but to think of; you should either change your Creed in this Particular, or seem less concerned at the Event of Things confessedly Irremedable. I remember an Old Book published by Three and fifty Presbyterians, some of whom help to make up your One and Twenty Reverend Divines; it's call'd A Testimony to the Truth of Jesus Christ and our Solemn League and Covenant (for you know they must go together) the Bent of it is to collect the then held Errors, and bitterly to Exclaim on all that hold and plead for, or encline to favour a Toleration; and such were Episcopalians, Independents, Anabaptists, &c. Among many other these are brought in for Capital Ones. 1. HIERARCHY. 2. INDEPENDENCY. 3. An Opposition of the Doctrine of Election and Reprobation, as you hold it. 4. The Doctrine of the Freedom of Man's Will. 5. That Christ died for all Men, or that the Benefit of Christ's Death extended to all Men. And some Leaves off, thus express themselves, "Doubtless, that old Serpent, call'd the Devil, hath been the grand Agent in propagating these stupendious Errors, all which Errors, Heresies and Blasphemies, we are confident we may loath, execrate and abhor, and that without the least Breach of Charity. Oh the Strength and Religion of this Charity, that can loath, execrate and abhor to think that Christ dyed for all Men, or that all Men may be saved! as plain Scripture as any in Scripture. This they call the Presbyterian Testimony, which in plain English doth but loath, execrate and abhor the Belief of the Generality of Christendom. And that you may yet know your selves better, observe this Passage; The Cursed Blasphemies; the general Looseness; the spreading Heresies of our Times have in a manner born down before them the Authority of the sacred Scriptures, the Life and Power of Godliness, & our solemn League & Covenant; but above all, Our Souls are wounded, to think with what Hope and Industry a TOLERATION of all these Evils is endeavoured . Which in short amounts to this; 1. All that quadrate not with Presbytery is Error, Heresie or Blasphemy. 2. That above all things it wounds them to think of having such tolerated as believe and maintain them. This Doctrine (with some Allay) in the Episcopacy you exploded for Antichristian, Popish and Tyrannical. When through such Pretences you had mounted the Chair, by a notable Figure, call'd Self-Interest, it became an excellent Doctrine with you, yea a most necessary part of your Creed: Pray tell me if this be Imitating of God? being Just to all men? Doing as you would be done by? Can you yet be so blind as not to see your selves to be a great way off from Christian Charity, and an universal Communion of Christians, that even make Believing of plain Scripture, a Reason for your Abhorrence of their Communion that so believe; unless they will subject such obnoxious Passages to Calvinistical Interpretations? Is not this like the Egyptian Tyrant, that stretcht all longer that were shorter, and cut all shorter that were longer then Himself? This shows, you Cæsar-like, would have had no Equal, and resolv'd to raign alone, come what will of those you now have learn'd to call Christians: It is but too manifest that the genuine Sense of your Faithfulness to promote God's Cause and Interest, is YOUR SELVES. But you are several times angry with us for our Separation. One and Twenty Divines. They seek by Backbiting, Reviling and Reproaches, to disgrace the Doctrines, Practices and Persons of others, that they themselves may seem more excellent and glorious than all that have been excellent before them, and that they may not be thought unworthy of some Communion themselves, grow presently of Opinion, that all the rest of the World of profest Christians, are so ignorant or so bad, as to be unworthy of Communion with them. W. P. Methinks that it is not only an ill way to be thought more Excellent and Glorious then all that were before us; but that no Man that refuseth to captivate his Sence and Reason to serve the Interest of whatsoever you say or do, can believe that we should take such an improbable Way to Glory: Such juggling Socinians and Papists, as you make the chief of us to be, should better understand their Business, then to be guilty of so much broad and distastefull Folly, in doing of it; but what cannot you say of the Quakers, who rather then not say enough, will be impertinently Tautological, and say the same thing in four pages five times over, to fix an Odium in the Minds of People against us; What is this but to do what you condemn? But the Truth is, you have so well exprest the Matter for your selves, that an unwary Reader would think you equally Enemies to Separation, and Reviling those you separate from. But of all men this Language is most insufferable from you, who have transcended in the Guilt of those things you seem so heartily to censure. You are made up of Presbyterians and Independents; let me a little Expostulate with you: Argumentum ad hominem. I will begin with you who are called Presbyterians; Are you not Separatists from the Church of England? You know you are; And pray, what is the Ground of your Separation? Is it Difference in the Essentials of Religion? you know, you say it to be only in some matters of Discipline; for this you have divided your selves, and smartly vindicated your Separation, witness Galaspee in Scotland, and Smectimnæus in England. Was it not a great Reason of the Wars, that divided so many Families, shed so much Blood, and exhausted so great a Treasure? Did it not lay Episcopacy in the Dust, and excite the Parliament in these very Terms? Elijah opposed Idolatry and Opression, so do ye: Down with Baal's Altars! Down with Baal's Priests! Do not, I beseech you, consent unto a Toleration of Baal's Worship in this Kingdom, upon any Politick Consideration whatsoever . Which is as much as to say, Away with the Arch-Bishops, Bishops, the whole Ministry and Worship of the Church of England. Again, The Mouthes of your Adversaries are opened against you, that so many Delinquents (that is to say, Royalists) are in Prison, and yet but very few of them brought to their Tryal (Did he mean, to release them?) And saith another of your eminent Brethren before the Commons, Aug. 28. 1644. Ye cannot Preach nor Pray them down directly and immediately Well, That which the Word cannot do, the Sword shall : To render which saying authentick, the Apostle is brought in two lines after. I could set out this part of your Story to the Life, but at this time shall forebear: nor do I delight in this, but since I must needs mention Your Separation, how can I do it without telling who it was you seperated from? And can I do it more candidly then in your own Words? I wish there had been no need for it: Only from hence you may observe your sort of Dislike of Separation; and how notably Presbyterians revile even Men that are one with them in the Essentials of Religion. Behold, a short Instance of your Carriage to the Church of England you separated from! Let us now take a short view of your Treatment of those that dissented from you: You shewed the Independents the way, first to separate upon Conscience, and then to plead Conscience for Separation; and how reasonable it was that Conscience should be Tolerated. Are you constant to your selves? Do you give what you will take? No such matter: But let us hear you. Matters of Religion , (says Dr Corn. Burges in his Sermon before the House of Commons, Novemb. 5. 1641.) ly a Bleeding; all Government and Discipline of the Church is laid in her Grave; and all putredinous Vermin of bold Schismaticks glory in her Ashes, making her Fall their own Rising to mount our Pulpits. That the Independents are concern'd under the term Schismaticks, Dr Cawdrey bestows an whole Book upon it, which is Entituled, INDEPENDENCY a great Schism; yet some of these great Schismaticks are some of the One and Twenty Reverend & Worthy Divines. I find another of your Brethren, Octob. 22. 1644. that tells us of Parliamentary Heresies, saying, You are the Anabaptists, and you are the Antinomians; these are your Errors, if they spread by your Connivance. Was not this spoaken like a Man of Charity, one that disdain'd not the Communion of other Christians that are not altogether of his Mind? A Virtue commended by you in your Epistle. Another eminent Person of your Way, before the Parliament Sept. 12. 1644. We are grown beyond Arminianism, Brownism, Anabaptism; we are come to the down-right Libertinism, that every man is to be left to the Liberty of his own Religion: An Opinion most pernicious and destructive , saith he. And another of your Brethren in his great Zeal, before the House of Commons, 1644. styles them Bastard Imps of the Whore of Babylon: Though you know that many of you plead a Romish Succession for your Ministry, and consequently that you ministerially descend of what you call the Whore; think on't as you will. But all this is exceeded by a zealous Presbyterian who in his Book, called, The Gangræn, &c. Part 1. p. 91. querieth thus; Shall the Presbyterians Orthodox Godly Ministers be so cold, as to let Anabaptism, Brownism, Antinomianism, Libertinism, Independency come in upon us, and keep in a whole skin, when Arch-Bishops, Bishops, &c. hazarded the loss of their Preferments to withstand the Toleration of Popery? Where not only Anabaptists and Independents are rendred unworthy of a Toleration by this great Presbyterian; but their Perswasion rendred more intolerable then Popery. I would ask G. Griffith, M. Barker, R. Mayo, M. Palmer, T. Cole (who help to make up the One and Twenty Learned and Reverend Divines) if this Man was a Wasp or a Bee? one that had more of Sting or Honey? Well - what's his Resolution? Let's therefore , saith he, fill all Presses, and cause all Pulpits to ring, and so possess Parliament, City and whole Kingdom against the Evil of Schism, and a Toleration, that we may no more hear of a Toleration, nor of separated Churches, being hateful Names in the Church of God, AMEN, AMEN. All I shall say of the Man is this; he was hearty in his Work, and what he did, he did with all his Might. Another of them runs so high, that he impeacheth Gamaliel for a loose Naturalist, a Time-serving Polititian, a second Architophel, and only because he was for Toleration; when you know, the rest of the Jewish Counsel were for Persecution: If you will not believe me, peruse J. Words Sermon before the Commons, 1645. How agrees this with your present Desires of Indulgence, and Thanks for it? Let me say, there is the same Exception against you upon this Doctrine, as any other sort of Dissenters: But, as ill as this man thought of Worthy & Prudent Gamaliel, his Counsel hath been strong and seasonable, even in Presbyterian Apologies. But lest you should reject these Evidences of your rank Severity to others though for minute Differences, as being but the Opinion of 3 or 4 men, I will conclude with the Judgment of the Presbyterian Ministers in the City of London, presented in a Letter to the Assembly of Divines sitting at Westminster 1645. INDEPENDENCY is a Schism; they draw & seduce our Members from our Congregations; a Toleration of it will be follow'd with inevitable Mischiefs; They erect separate Congregations, under a separate and undiscover'd Government; They refuse Communion with our Churches in the Sacraments : And are such men fit to commend Christian Communion to others, who themselves break it, and impeach one another at this bitter rate for doing so? But what follows? The Godly, painful Orthodox Ministry will be discouraged and despised; the Life and Power of Godliness will be eaten out by frivolous Disputes and vain Janglings; it is too much to be doubted lest the Power of the Magistrate should not only be weakened, but even utterly overthrown, considering the Principles and Practices of Independents, together with their Complyance with other Sectaries, sufficiently known to be Anti-magistratical; Hereby we shall be involved in the Guilt of other Mens Sins, and thereby be endangered to receive of their Plagues; It seems utterly Impossible (if such Toleration should be granted) that the LORD SHOULD BE ONE, AND HIS NAME ONE IN THE THREE KINGDOMS. This seriously consider'd, let me ask you, if you did not think these Independents either so Ignorant, or so Bad, as to be unworthy of your Communion with them, or being so much as tolerated in their separated Communion from you? Certainly, if so small a Difference as that which remains between you and the Independents, finds not Charity enough with you to be tolerated, not only the Quakers have no Reason to expect Toleration from you, had you Power in your hands: But there is great need, that you should be ashamed of Censuring others, or being so Narrow-spirited, as not to Commune with People of a different Perswasion in Matters confessedly of greater Moment, then that upon which you have exercised so much Gaul. That You that are INDEPENDENTS, have thought the Presbyterians Unworthy of your Communion, it is needful only that we put you in mind of your Separating from them, and sitting down in distinct Congregations under a different Discipline and Administration of Ordinances; The Reason of which, if we will believe the Presbyterians in the Account they gave to the Parliament, was, because you esteem them Prelatical, Tyrannical and Anti-christian in their Ministry: An ancient Acquaintance of mine, who had more Learning and Discretion then to be one of your Learned and Reverend Divines, in his Book against D. Cawdrey, doth affirm, That Ministry that cometh through Romish Succession, and is no Ministry without it, can be no better then a Romish Ministry ; and the Truth is, I am of his mind. J. Cotton, Brownists Apol. J. Cann, ancient Independents also writ in Defence of Separate from National Communion. From hence and that second great War between you and the Presbyterians, who should inherit what you had joyntly gotten from another Party, are none of the clearest Proofs to us of your Brotherly Love and Christian Communion, though a great Check to both of you for your turning Judges, who are such notorious Criminals; and yet I will not say but the Presbyterians Fury was your Provocation. In short; As the Reason you have both render'd of your Separation from the Church of England, and One from Another, is Greater Purity of Worship and Discipline; so We had never separated our selves from you, but upon the same Principle: And if this will not serve your turn, when You that are Presbyterians, have given better Satisfaction to the Church of England for your separate Communion; and when You the Independents, have in the like Case answer'd the Presbyterians, and the Anabaptists, you, We shall, we hope, not be wanting to our selves in any necessary Vindication of OUR CAUSE. I am sorry you have given me Occasion to remind you of your Separation among your selves: However, this deserves the Notice of all Impartial Readers, that though you were so Bitter, and all Wasps one against another for your Separation; yet that now you are Confederated against us without any Provocation, then such as was the Cause your selves pretended for your own Separation: So that to use your own Words with better Reason, You are the Men that have no Honey nor Sweetness of Spirit, except for your selves. And I must needs say, that notwithstanding your Reflection upon us, as Destroyers of Christian Communion, you have been so fond of your own Apprehensions, that many of your Way have lost the Friendliness so commendable in Civil Society; and some, no small Preachers neither, have vehemently dehorted their Hearers from so much as conversing with us, no not about the Lawful Things of this World, so far as may be avoided; nay, one of them was so extravagant as openly to profess, He had rather his Hearers should go to a BAUDY-HOUSE, then to a Quakers Meeting: To such a Dergee of Bitternes are some of you arriv'd, for all your Pretences to Charity. I am sure if you had had any Regard of those Natural Truths you are forc'd to confess, make up Part of our Religion, viz. To do as you would be done by; remembring that for all these Things God will bring you to Judgment; you would never have dealt out such hard Measure to us; and it cannot be too much lamented, that men will not make the best of their Accord, so far as they do accord; I mean what you do, if you mean what you writ, viz. That God so hateth the Evil, as yet to approve and love all that is Good; and that his Servants should not dispraise all in those whom they dislike : For, We own ONE GOD; we fear him as well as own him; and through his GRACE are enabled to perform the Works of Righteousness, whose Fruit is Peace: We believe this Grace is communicated to us through Jesus Christ our Lord; that he is the Only and Compleat Saviour, as well from the Pollution as Guilt of Sin; that without his Holy Spirit we cannot please God; that therefore it is Reverently and Incessantly to be waited for, to inform, inable and conduct us through the whole Exercise of our Life, respecting our Duty towards God and Man; we also believe that there is an Eternal State for Sheep and Goats, Godly and Ungodly, and a Day in which God Almighty will judge the Secrets of all Men by Jesus Christ, rendering to every Man according to the Deeds done in the Body: And this we do believe without any Mental Reservation whatever, and find dayly Comfort both in Believing and Living accordingly; nor do I know that you in any thing contradict this, in Words, at least. Now that your Zeal for your Way of Religion should transport you beyond all Natural Tenderness or Affection, as the Apostle renders it (your Duty to every Man as he is God's Workmanship) and then glory in so great a Vice as a Christian Virtue, by terming it Godly Zeal, &c. which is no more but an Unwarrantable Heat for your particular Perswasions; I must needs say, is a great Way off from that Moderation that the Apostle exhorts us to make known to all Men. It is an ill Way of admiring Grace which destroyes Nature, and such, I must needs say, some of yours is, or hath been, who have sacrificed Universal Love, Natural Affection, Relation, the Liberties and Lives of Men differently perswaded to the Promotion of your so much Beloved Interests: Remember T. Edward's Gangræn, and the London-Ministers Petition, and the New-England Tragedy. How exceeding short doth this fall of the Admirable Sweetness of his Nature, who is Lord of the Christian-Religion, that was so far from Indulging Hatred to his Conscientious Friends, that he forbid it to his greatest Enemies? Can you call for Fire from Heaven upon Dissenters, and rather then not compass their Destruction, kindle Fire on Earth to devour them, and yet with any the least Pretence to Modesty check others for Incharity and Separation? But take this with you, that good Notions will signifie little to the Comfort of an ill Soul at God's Bar; it will not be Well Held, but Well Done Good and Faithful Servant. Preferring Opinion before Piety hath filled the World with Perplexing Controversies, and Mens Censures have been according to Notion, not according to Conversation: It is not what Works, but what Faith? though Works best of all define and evidence what Faith is. But this Age hath no Kindness for Good Works; the more the Pitty: Loose Men slight them in Life, and you in Doctrine; A Man cannot plead for them, but at the Hazard of being counted a Papist. Tell you such an one is a Virtuous Person, and you answer us commonly, He is a Good Moral Man, but he hath no Saving Grace; as if Grace and Morality were at as great Distance as London and Constantinople: These Notions have abused Religion, and greatly injured the Souls of People; 1. By giving them to conceit themselves Christians, though Unlike Christ. 2. In Distinguishing between a Good Man and a Christian, from whence hath flown that Stinginess of Spirit, that denies any to have Saving Grace that fall not in with their Principles, and so divides Grace from Virtue, which God hath Inseparably joyned. This is the Doctrine that deceiveth Men, which make them too great for the rest of Mankind: Moral Men are no Company for them; they may be that, and go to Hell for their Pains, if what some of you say be true. It is the Presbyterians special Grace that saveth; for Morality's Part, alas! she is a poor Heathen, an Alien, an Infidel, without the Pale of the Church and Mercies of the Covenant; but then it is to be understood of the Scotch One. Oh I beseech you for the sake of Jesus Christ, by whom alone God will judge you and I in the Dreadful Day of Account; let the Universal Principle in your Consciences have Power with you; the Divine Fruit of which is, first, A Discovery of Duty to be done; and as closed with there, next, Power and Ability to perform it, which strips you of Self, and Glorying in it, and will work all necessary Works In you and For you: It will first correct and then comfort you; Its Wayes are Wayes of Pleasantness, and all her Paths are Peace; To Faith it adds Virtue, to Virtue Knowledge, to Knowledge Temperance, and to Temperance Patience, and to Patience Godliness, to Godliness Brotherly-Kindness, and to Brotherly-Kindness CHARITY. Contend not against it; your Credit is a Temptation to you; sacrifice it for the sake of your own and other Mens Souls upon the Altar self-Denyal, and that Humble and Heavenly Obedience you owe to the God of the whole Earth; and think not Repentance a Work to Mean for you, because you have been so long Preachers of it to others; your Time hastens on, and in the Grave it will be too late: If it was John's Honour to receive him when he came in Flesh; let it not be your Judgment to reject his coming in Spirit: God knows I have no Ill-will but much Kindness for you; I wish you were as truly taught of him, as you are great Teachers of others: could my Desires prevail, you should be such upon better Terms; but as We be unto them, who are sent and don't preach; so We be unto them who do preach and are not sent; It is not hard in this Sense to be Righteous overmuch, to be too Officious, and to act Thanklesly for God. Oh that we may all consider what we are Building with, and whether our Works will stand the Tryal of God's Fire! whose Terrible Day hastens upon the World, in which he will severely plead with all Flesh that hath corrupted its Way before him; as with the Gentile, so with the Jew, as with the Prophane, so with the Professor, VVho hath had a Name to live, and yet will be found Dead, who calls himself a Jew, and yet is not; a Christian, and is not; who runs, and God hath not sent him, who cryeth, thus saith the Lord, and God hath never spoaken by him: Let us therefore be perswaded into a Serious Examination of our selves and Preparation for this Great & Notable Day of the Lord, that the Sound of the last Amazing Trump may not surprize us, nor any of us be overtaken at unawares, but in Godly Fear wait till our great Change comes , that with Holy Habakkuk, we may all find Rest to our Souls in the Day of Trouble, Amen. Your Friend in much Sincerity, W. P.

Religion

A JUST REBUKE TO One and Twenty Divines, (So called) &c.

A just rebuke to one & twenty learned and reverend Divines (so called) [...]

RelB1687

SIR, I Am very sorry to think that you should be always such a Subtle Adversary, but you say, You never had an Opportunity to shew your Spite and Malice until now. You say you could never find a Convincing Reason, and what was the Cause? Is it not because it doth not consist with your Interest; for that is all that you aim at, for that is the God of this World, and he hath blinded your Eys, and stupified your Understanding, and thickens your Scull, so that if an Angel came to Instruct you, you would not be able to receive it, if it did not agree with your Interest. I thought Liberty of Conscience might have chang'd your Disposition, seeing that the Kings Intention is so Gracious, as thinking it is the best way to Unite our Differences, and to heal our Breaches, and you know it was the Care of the King and Parliament, to prevent Scandalous Pamphlets against the King and Government, and therefore it is strange to me how you can Print your Paper with Allowance, when it is of such a Pernicious Nature, and its whole Aim is against the Government: surely those Gentlemen that had the Care of the Government, are very Negligent, or else you dare not say, With Allowance; certainly none that is in Authority would grant it you, and if they did, they must be Treacherous to their Trust, and are no Friend to the King and Government: for can there be any thing of a more Pernicious Consequence than this, that would destroy the very Foundation? How do you think I can bear it, when God hath fill'd my Heart full of Love and Loyalty, and I know you Abuse them, for you have no cause to call their Loyalty into question, for I know Their Loyalty, and have been a Labourer with Them, therefore I have the greater Reason to Plead for them: but I know you will say I am a Woman, and why should I trouble my self? Why was I not always so, when I pleaded with the Parliament about the Right of Succession, and with Shaftsbury, and Monmouth, and at Guild-Hall, and elsewhere; and I made Applications to my late Soveraign Lord the King (whom my Soul Loved) That he would be pleas'd to let me Undertake for the City, and to make me a God Mother, to which the King Answered, It would be too great an Undertaking for me, but I replied, That if it might not be for all, that it might be for some, and the King granted my desire; and I ask'd His Majesty whether He would not wish Well to it, and the King Replied, Ay, with all my Heart and Soul: Was not he a Gracious Prince, for I am sure He sought nothing but the True Interest of His People, but I know such as you, are none of His Friends, for you did all you could to Pervert his Kingdoms and Sow Divisions amongst his People, and (by such Doings) you made his Throne Uneasie. Indeed then you might be for the Dukes Interest, because it was your own, but I am sure it was His loss, for before He looked toward you, all the People Lov'd and Admir'd Him: And who was the cause of the Change, was it not you, That went up and down Incensing the People of the great Proselites you had made (for I suppose you are a Priest, and they were of the same Nature) for they came to me, and I know what they said; therefore I find such as you are the Plotters, for they troubled me many Weeks together, and I thought I should never get Rid of them, but I Fasted Seven Days and Nights to give the late King a Petition, that He might know in what State His Kingdom stood in, and though I never saw them afterwards, yet I do not question but there was endeavours used to blind Him; but if it had pleased God, that His Majesty had Lived a little longer, I do not doubt but He would have taken New Measures, That you should never had cause to Boast, that you made him a Proselite: And as for my Soveraign that now is, he is as Sweet and Precious a Prince, as the World can afford, and it is pitty you should Abuse Him, for He is a King of Great Experience, and hath Suffered as much as any Prince in the World, which doth teach His Majesty such Wisdom, that it is His whole Care to keep His Kingdoms in Peace, and to have His People Flourish, and will not disturb the Peace thereof upon any Condition whatsoever, and (God be Thanked) the King hath no need to distrust us, for is not His God is our God, and we acknowledge Him to be a Christian King, who Belives in the Almighty who made the Heavens & the Earth, and he doth believe that Jesus Christ is His Son, and that he came into the World to Save Sinners, and I doubt not but that His whole Trust is in His Merits, and we all hold and own the same; so that we lack nothing but a Holy Life, agreeable to the Life of Jesus; but I find you are Metilesome Spirits and want Employ; therefore I would desire you to go to the Turks and Infidels, and Convert them, and in so doing you might expect your Reward, and I should like it well; but for you to think that you can Convert People when they are Converted already, is meer Nonsense; for it is Perverting, and undoing what the Blessed Spirit hath done, which will be a Sin of such a Nature, that I would not be guilty of it for all the World. I know you will be Angry, but I do not value it, for I must discharge my Conscience toward all, and if you would have me to be your Friend, you must take New Measures, and Learn of Christ, for he did Good to all, and hurt to none; and if you would not have me to speak against you, you must not give me the Occasion. I am sure my Soveraign will not allow you to Villifie and Abuse us; for He is a Prince of Justice as well as Mercy, and hath promis'd, That He will Defend us, and not only so, but will venture as far as any in our Vindication, and the King was satisfied with our Loyalty, and declared it to the World, and how dare you condemn the Kings Judgment, and Scandalize the Church; for all that knows Her, knows Her to be the only Church for Loyalty: for doth any of you own the King to be Supream Head and Governour but She? And for your part, all the World knows what you own; so that my Soveraign cannot be your Supream Governour, and therefore there is no Comparison to be made, for I myself can Weigh you all down for and Loyalty; and if I can do so much that am but one, what shall we all do? Therefore I know the King will not be Angry with me if I Vindicate the Church of England, for in Vindicating of Her, I Vindicate His Majesty, which I have always done; for when the Peers Speech Abused my Soveraign, I Answered it; for I hate Rebellion, and the Church doth not hinder any one from that Singular Gift of Loyalty, for Her Desire is, That all should Fear God and Honour the King; and She is the Spouse of Christ, and He will own Her for His Mystical Body, and every one that truly believes in Christ, is a Member of that Body, and aad all the Members makes the Whole, and Her Doctrine is Holy: I wish those that own Her, would Live according to Her Doctrines, for then they would be Safe and Happy: She hath been Infallible in Her Duty to Her King, which Her Discontented Brethren knows full well, for that was the only thing that they laid to Her Charge, That She would not be Treacherous to Her Prince, nor Side with His Enemies; for if She had, you would not have been so great as you are now, tho She was not for Popery as some thought, for indeed She hath always been the Bulwark against it; and that makes you Envy Her so: for you think if you can but bring Her down, you shall do well enough with the Brats whom you Begot, tho your Infallible Belief in them may deceive you; for though you made them Enemies to the Church of England, yet I find they will prove no Friends to the Church of Rome; for indeed every Good Soul will rather endure any thing than to be inslaved with Popery: And as for the Church of England, She never Lived under the Slavish Fear of it, as the Dissenters did, but doth Trust God with all, and desires nothing else but to Serve God Truly, and the King Rightly: And as for Her Revelations, as you say is Peculiar to Her Self, is a clear Mistake, and yet Her Lord and Head hath promised, That the gates of Hell shall not prevail against Her: And what is the Gates of Hell? But all those things that lead us to Darkness and Ignorance, and to fling down Gods Holy Will, and to sett up the Will of Man, and secretly makes us to be an Enemy to Christ, and a Friend to Anti-Christ? But Christ is able to Save HIS OWN, and that you shall know, for He hath His Chosen People amongst all, and I really do believe He hath His Saints and Servants in the Church of Rome as well as any other, and I hope (out of His Infinite Mercy) He will Reconcile our Differences, and make us Happy: And as for those that envies our Happiness, They shall not be able to stand before the Almighty in the Day of His Anger, for His Power is able to disperse them, and to blow them away in a Minute, as his Divine Power did the Locusts. Therefore I would Advise all the Enemies of the Church of England to be Quiet and Amend for the time to come, for while we are Contriving the Ruin of one another, God may justly destroy us all, and bring in the Heathens, who may bring forth better Fruits than we: And for your Allowing our Loyalty to King Charles I. I do not thank you, for it is well known, or else you would not have owned it; For that Destruction of Three Kingdoms, and the Death of the Best of Princes, is Writ in Gods Book, and who shall be called to an Account for it, God Almighty knows, but I am sure You cannot be Acquitted: For was it not the Fear of Popery, with your Pride, that caused the Difference, when you Compelled the Queen to go bare-foot, and in the mean time such as you Rid in Her Coach, to the great Hazard of Her Life: For (as I was told) She Miscarried; who did you learn it of, I am sure not of Christ, nor His Disciples: And for your Loyalty to King Charles I. was it not for your own Protection? For the wrath of God was so upon you for you Sins and Iniquities, that you might very well have the Fear of Gain upon you: And as for the Liturgy and Discipline, what made it so hateful, but because we had Complied as near as we could to you for Unities sake. And the Occasion of the War, and of that Good Prince losing His Life and Crown, might be (for ought I know) for Sheltering such Unfortunate Men as you are, for you were not so Sensible nor so Honest as Jonah was, for he declared the Truth, That he was the Man that had Offended, and by his Counsel the Ship was Sav'd; but you are of a contrary Nature, for you do not care if you perish your Selves, so others perish with you; but the Saints and Servants of God are not of that Nature, as Abraham, Moses, David, and Christ Himself; for He undertook Death that we might Live; and Poverty, that through Him we might be made Rich; but You are an Enemy, for you would have none Rich but your selves, thinking thereby to enslave us and triumph over us. Therefore I find you have the Nature of Cain, who Envied his Brother, because his own Deeds were Evil. For my part, I can call God to Witness I have been always for the Peace of the King and Kingdom, and there is nothing in the World that is dearer to me than the Kings Life and Happiness; and if I had a Thousand Lives, I could Sacrifice them all in Vindication of His Sacred Majesty, without the hope of Rewards or Gain; and there is none of my Enemies can Object any thing against me, but being over Zealous for my Soveraign Lord: For my Blessed Saviour hath Taught me. That I cannot serve Two Masters, and the Primitive Christians were always oblig'd olig'd to be for the Interest of the Prince in whose Dominions they Lived; so that it is our Christian Duty to Love and Pray for our own Prince, but we have nothing to do with any other; and whoever is for the Interest of another, cannot be a True Subject to their own: Therefore my Resolution is, That I will be True to my God, my King, and my Countrey, and I am resolv'd (by the Blessing of Almighty God) never to Change if I were to suffer a Thousand Deaths, because God hath Instructed me in that Way from my Infancy, and I find it most agreeable to the Word of God and my Temper, for I am naturally Inclin'd to Love Kingly Authority: And as for my Faith, it is to Believe Sincerely in Christ, and there is no other Faith whereby any one can be Saved; for I am sure He is the Infallible Rock, and I have always kept to that from the beginning, and I hope I will continue so to the end: And as for The Changes of Religious Worship, that is not any thing as to Matter of Faith, for Prayers may be Altered according to Peoples Occasions, for they were never design'd to be Infallible; and if the Common Prayer hath been Altered, I did not care if it had been Altered again, and again, rather than it should be a stumbling Block to any (tho there is not any thing but what I like and love) and I think There is no Good Christian but may say Amen to them, and I could Wish our Hearts were as Holy as the Prayers are good, then I am sure there is no Body would be weary of them: But hath not such as you put the people out of Love with them, in saying, They came out of your Mass Book, and this you did to Wound the Church of England, for Her Good Will towards you; but you may see how the people Love you, for they will not accept of any thing from you, tho never so good; and if they will not accept of that they may, I hope they will not accept of that which they may not: for if they do, they will not deserve the name of Men, and how much less then, will they be worthy of the name of Christians, for if they do not own Christ now, they shall not be own'd hereafter. Sir, I wonder how you dare Condemn the Church of England (I mean that part of it, which is for the King, Common Prayer and Bishops) for Her Faith Teaches Her Piety to Her God, and Loyalty to Her Prince; therefore She may appropriate to Her Self alone, The Principles of True Loyalty above all; for Her Doctrine is True, and Exhorts all to Repentance and Good Works, and Teaches a True Faith in Christ, and doth not Judge any Hereticks that differs with Her, but owns that whoever truly believes in Christ and Works Righteousness, may be in a State of Salvation: and She is Christs Beloved Spouse, and He will own Her, and I doubt not but Her Faith is great enough (with Gods Help) to stand against all Her Opposers, for Christ will Beautifie Her for His Words sake; for tho She doth not Teach us that Presumption as to think that any Man is Infallible, yet She owns Gods Word to be Infallible, and Eternal, and a Perfect Guide to Salvation. I wonder how any one can be Her Enemy, but why should I? Was it not so from the beginning, for was not Cain Envious against Abel, and was not brave and renowned Men in their Generations Enemies to Moses, and did not the High Priests Plot against my Blessed Saviour? And did not Christ tell his Disciples, That the time would come, that they should think they did God good Service to destroy them? They were not Heathens that did it, but those Mistaken Christians that thought they should Merit by it; for I find all along that Satan hath made use of those that ought to be the greatest Friends, to be the most Inveterate Enemies, as when he made use of a Disciple to betray his Lord; and that great Disciple that declar'd most Love to his Lord, was the first that disown'd Him. This is the Spite of our Spiritual Adversary; and the Wisdom of God suffered it so to be, that we should not Trust in any thing, but in the most High God, that always takes care of them that Trust in Him, and none can prevent the Providential care that God takes of His, and Christs Church must look to be Persecuted by the Enemies of Her Lord, but through Him She shall be more than a Conquerer. Who is he that is so Presumptious to Brand her with Killing of Kings? She Abhors such Doctrines, for She is a Preserver of Kings and Princes, and makes more of Her Word than the Enemies doth of their Infallible Promise, and I doubt not but it will pass currant. Hath not you been Angry with Her Kings for Her sake, and for what Reason; only because She owned the Word of God in Sincerity: And out of Envy you sent Men to divide Her Members, and destroy Her Government, and have you not been Contriving Her Ruin all along, and Transforming your selves into all Shapes to bring it is to pass? And who begins all Quarrels but you? And do you say, That the Church is a Viper? No, no, it is such as you are; for you envy our Happiness, and would Hurry us into a Confusion, because you think the King Loves us too well, and stands in the gap to hinder Your Intentions, and is like an Angel to keep Peace amongst us, that every Man should Enjoy His Right and Property: But this is contrary to your Temper, for you long to Enjoy what other Men have; and therefore the Church of England is the great Eye-sore: And since the King hath been so Gracious to give Liberty of Conscience, you think that all the Dissenters should be against the Church to Devour Her: but God knows it was for your sakes that the Laws were put against Dissenters, and how many Good Souls was against it, but dare not speak for fear of being counted Whiggs; but for my part, I made Application to the late King, That the Laws should not be put against them, not that I lov'd them so well, but I knew their Nature, and don't delight that any should be Afflicted: No, not the Roman Catholicks, but you intend well to Reward us; and for my late Soveraign you have Abused Him sufficiently, but you got Money by it. Sir, I am sorry for your Ignorance, that you should think the Church was in Her Infancy in Edward VI. Time. It is a clear Mistake, for She hath been ever since Man hath had a Being; and do not Despise King Edward, for he was a brave Prince, and I doubt not but that he is a Saint in Heaven; and methinks it is not Wisdom in you to Lampoon upon the Confession of Faith, because it was Compiled in Thirty Nine Articles; for they will stand when you will fall: and for you to say, She Set up a Brat of Her own: Was it not the Kings desire that it should be so to Prevent Popery, and what harm would it have been for Queen Mary, if it had been so? For her Reign was but Short and her Life full of Trouble, and tho she sent a great many to Heaven, she will have no Reward for it; for she might have been a Better Christian, if she had Let Them Alone: But why were They so Envious as to Burn the Bibles? For whoever Hateth that, is an Enemy to God: From such the Lord Deliver my Soveraign and all Good Souls; And the Lord grant a Right Understanding, for what Mischief hath been wrought for want of it: For Christ says, He is a Door and a Vine, and if any could not understand it, must they be put to Death. Who is the giver of Understanding but God? And to some it is not given that they should understand the Mysteries of Heaven, and since it hath pleased God to give us a Right Understanding, why should you be Angry? You had need to pray to God to Rectifie your own Understanding; for there is not any thing more like the Devil than Envy: And how Destructive would you be if you had but Power, that you dare to lay the Death of Queen Mary at our Door, when you ought to have blamed the Presbyterians for hunting her out of her Kingdom; and if Queen Elizabeth did Cut her off, what have we to do with that? Should the King be blam'd because the Duke of Monmouth was Rebellious; God forbid, for I am sure my Soveraign lov'd him so well, that he would have delighted to have made him Great and Happy, if he had not wrought his own Destruction by his Rebellion; therefore let it be upon his own head, and to those that Advised him to such a wicked Thing: And for to Villifie Queen Elizabeth, is a thing I Abhor, for I hate any should speak Evil of any Body that is Dead, but how much more of Queen Elizabeth: And do not all know that King Henry VIII. was lawfully Married to Her Mother, and if the Pope delayed the Divorce, it was no Fault of the King nor Kingdom; and did not John the Baptist lose his Head, because he told Herod it was not lawful for him to take his Brothers Wife? Therefore how dare you to say, That the Queen was a Bastard, when all the World knows it is a great Lie? For every Good Christian ought to Love Her Memory, and you to Chuse, for if She had not denied her Self that blessed happiness of Marriage, my Soveraign Lord had never been King; and therefore for His sake as well as Her own, I shall always Love and Admire Her Memory; and if Gods Providence had not defeated the Powder Plot, my Precious Soveraign would not have had a being in this World, nor that which is to come. Therefore I will always Admire and Adore the God of Heaven, that doth prevent the Wicked Intentions of Evil Men. For how hath God preserv'd His Anointed from the Spite and Malice of Men and Devils, and from the Raging of the Seas? And I hope He will Preserve Him still, that He may Glorifie Him, that neither Men nor Devils may prevent Him from doing His Liege Duty to God; for it is He alone hath Preserv'd Him, and kept Him hitherto, and I hope He will for ever and ever: And that He may not forget who Destroyed His Grandfather, Henry IV. of France, For They are the Snakes that will sting to Death: And for the rhe LAWS, they shall stand to Whip such as You, that would Destroy both King and Government. I know you would Unthrone my Soveraign, for to make your selves Lords and Princes over us; but I hope God will never suffer it: for I know you are like the Wheadling Dissenters, that would not Trust the King with His own Power, but pretended they would Employ it, and make Him a Glorious Prince; but it was to Destroy Him: so You would Wheadle the Church to take away Her Power, and then you think to do well enough with my Soveraign, when you have got the Power, and then you'll show your Loyalty: but I hope the King will keep His Power, and Trust to none of you; for you will all prove Treacherous if you can but make any Advantage of it; for you cannot but know the sinking Condition of your Kingdom; and that makes you so Busie; therefore you don't care who sinks, so you swim: but what is it that can hinder Gods Intentions, but Repentance and Amendment of Life, for that is the Glory that God desires; for that end Christ came into the World, that God might be All in All, and there is no doubt but God makes the Angels Ministring Spirits, but they cannot do any thing of themselves, for they continually Wait upon the Almighty; for when He moves they flee, and what Injury can it be to you to pray to God that moves all Things? I think it is the greatest Favour that can be given to Mortals, but you say, You are not Worthy; and pray what is the Reason of that? For did not Christ Die for all that would lay hold of Him? But I find you have not attain'd to that Excellent Perfection to have a True Faith in Christ, for if you had, you would never have brought your false Accusations against us; for what do we do, that you find so much Fault with us? for I am sure all Condemns us for doing so much. And as for the Dissenting Parliament, I was as much against them as any, but I wondered that they did do no more, when the late King said, He would Establish the Protestant Religion to the End of the World; but they were so Factious they could not agree; for there was a Duke stood in their Way; but did not we stand for Him, and overthrow all their Doings? And did not we value the Kings Life (that now is) above our own: We could not adhear to their fair Pretences, to do Evil that Good might come of it, neither to hurt Him in the least, but Trusted God with all; and if He was a King (as He is) we would lie at His Mercy: And what made the Dissenters to be so much against us, but because we were so much for His Majesty? And how dare any to Abuse us? I have not Patience to bear it, for if I let it alone, the very stones would speak in Vindication of Us. And as for the Parliament that now is, it is a very Honest Parliament, and I Love them, and Wish them all Well, and they are Knaves and Fools that speaks against them; for they have Established the King in His Throne, and Beat down His Enemies, and have Supplied His Wants; And what is it We have not done for our Soveraign? For we Love Him above all things in this World, for we Acknowledge Him to be Christs Vice-gerent, and therefore we own none (for our Governour on Earth) but He; and I do not doubt but our Loyalty will out-doe all Upstart Loyalty; for ours doth not proceed from Shaftsbury, but it proceeds from God: Therefore the Church of England needs not Change Her Loyalty, neither will the King doubt it; for He is assured of Her Fidelity long ago, Therefore She need not Learn of Her Catholick Neighbours, for she is able to Teach the World Loyalty to Princes. And as for the Kings Perswasions, he hath Manifested to the World, He is a Christian Catholick, and no Roman Catholick; for he doth not Tie up Conscience in such a Narrow Compass, as to think none are Christians but those that owns Rome; and He hath declar'd, That it hath always been His Opinion, and that His Majesty calls God to Witness: And as for Your Complaint of King Charles I. That He would not own nor Succour you; He is not to be blam'd for, that, for was not the Factious Party so set against Him, that they were ready to devour Him for Your sakes? And for Your Boast, That you Exposed your Lives and Fortunes in the Kings Service, it would have been better for Him if you had not been so forward; you say, You took great Pains in Perswading to Loyalty. I do not know what you did for the Father, but I am sure you did it not for the Son: And for You to Examine the Behaviour of the Church, Is it not known to the World that they both Perished Together? And the Dissenters were in good hopes They should never rise no more; but (contrary to all the Expectations of such as you) God hath given Them A Blessed Resurrection: And who should His Sacred Majesty be Kind to (when He Entered the Throne of His Brother) but the Church of England, who stood in the Gap, when you did not dare to appear? You say, The Kings Promise did Elevate our Spirits; And well it might, for is not the Favour of a King Life? And if we did Droop, it was not that we Feared our Prince, But such as You, as Counts Us Hereticks: You say, It was never known that the King did break his Word; but it is no God-a-mercy to you; and now You think you should be Happy if the Test and Penal Laws were Taken Away, but I hope the King will not satisfie your Desires; for though His Majesty doth not make use of them, They may stand as Rods doth upon Mantle-Trees, to keep Rebellious Children in Subjection. What have you done for the King that He should so much admire you? I am sure he hath been a great Sufferer for you, and why should you Condemn the Power of our Church for Chastizing Offenders, when God never Established a Church without it; for did not God give the Children of Israel Laws in all Things, and those that would not submit to them, was to be severely Punished; and if any did secretly Intice to serve other Gods, They were to be stoned to Death: And as for the Death of the Priests that you so much complain of, were not the Laws of God and Man against Them? But what do you make so much Complaint for, hath not the King Pardoned every Body, that all should be Quiet? And I would not have any one think that the Church Chureh of England is not worthy to obtain the Affections of Her Soveraign, because she will not comply to you: For God knows she is no Snake, and therefore the King may Trust her, and She needs no New Article; and were not you ashamed to say, That One Article of Loyalty was more than the Thirty Nine, You are a Goodly Christian: And as for Your Parliament you boast on; That will not so easily Admit a New Article into Their Creed: They may be such (for ought I know) that will not own any like them that will own Christ within, but disobey Him in the Chief of His Command: But is this your Love? You ought rather to have studied the Peace of his Kingdoms, but you would hurry all into Confusion, and then Laugh at us when you have done. Do you think we value the King and Government at so small a Rate, as to resign up our Interest to such as you? No, we value that above the World, and therefore do not Condemn them that are not free to Abrogate the Test; for if they be, I think they do not Love His Majesty, or is not willing to serve him; for the Test is only an Assurance that they might Serve Him: and as long as They are Just and Honest, I know none more fit; for they have been True to their King, and I hope they will be so to their God, for I am sure Gods best Servants, are the Kings best Subjects: and as for Your Opinion which is Spread through Christendom, Is no Argument Argugument of the Truth of it; for Christ says, My Flock is but a little one, and many are Called, but few are Chosen: And as for the Corporal Presence of Christ, which you count is his Real Presence, is a Clear Mistake to think that any of the Divines of the Reformed Church Cuhrch do own; for Christ cannot eat Himself, but for His Divine Presence, God forbid any own should disown; for Christ hath promised, That where two or three were gathered together, he would be in the midst of them, and how much more at the Administration of His Blessed Sacrament, which Represents His Death. None disowns, but that (by Faith) it is the Spiritual Body and Blood of Christ, but as for His Natural Body it is in the Heavens, and there to be Reserv'd till the Dissolution: Therefore It cannot be broken nor eaten. And as for the Gravity of the Church of England: That She is fond of any New Point Poiut of Faith, and that you say her own Children blames her. Alass, they do not understand the Subtilty of the Spiritual and Temporal Adversary, for God would not allow a Similitude of His own Presence, for God says, What will you liken me to? And when Moses Died, did not God hide him, and was it not because the People was naturally Inclin'd to Idolatry? And doth He not fill the Heavens and the Earth, and is He not in all Things else, and where was He before the Heavens were made? Is He not Almighty, and His being is in Himself, and who can conceive Him? For when He moves the Angels flee, and the Cherubims cover their Faces? For who is able to behold His Glory? What then will become of sinful man, since God is so Glorious that none can stand before him, if Christ had not took Humanity upon Him, and thereby made us partakers of His Divine Nature, that we might be capable to partake of His Glory, in his Eternal Kingdom? Therefore you that are Enemies to Christ and his Saints, I would intreat you (if ever you intend to be happy) to Repent, and do not be overmuch Conceited of Your Infallibillity; for you see the Jews were Mistaken, and do you think to be more Infallible than they that God planted with Miracles, which he never did yours? I know there is nothing Infallible but God and His Eternal Word, and I do really believe the Gates of Hell shall not prevail against His True Church, but is it any Argument that you must be that, because you have a Being in the World, and don't you know some may Die and yet Live, and the Fallen Angels were not destroyed, for God prepared a place for them; for there is nothing comes by Chance, for Gods Providence takes Care of all, and God will be Glorified of all. Therefore I would not have you to be deceived, but to Believe, for God tells you, That Soul that sins shall die, he doth not say, That he shall go into Purgatory, and that some Men of your Order should Punish it, and when you think it is enough, a good sum of Money will send it to Heaven. Doth not this Rob God of His Power? And whereas He hath commanded, that there should be no other Gods but Himself, doth not it make many? For there is none hath power over the Soul but God, for is it not His own Breath? But pray tell me where this place is, and which way they go to it, and who it is that keeps the List of every Mans sins? For certainly you must send some Trusty Messenger that must bring the List of their Iniquities safe, for else every sin will not be punish'd, and how do you know when they are, and who is he that can tell how many sins a man commits, for they are very cunning and may not confess all? And there be some things that Men count sin, which God may not, and some things which Men count not; how can you distinguish, I am very Inquisitive to know because I lov'd my late Soveraign, and I highly condemn you for your Unkindness, for if you had had any Charity, you could not have let him staid so long; but I hope God will deliver my Soveraign (that now is) that He shall never come under such Dominion. You stole away my Soveraign, and yet are not you Contented? Methinks this should have made you New Creatures, the Favour of such a Prince. But what disturbs you that you should be so Angry with us? What doth the Sun shine too bright upon you? Or doth God shew you too much Favour? Or have you got the Nature of the Fallen Angels, that did not know when they were Happy, or hath Shaftsbury left his Spirit for a Legacy, that you may carry on his Designs? Do not Disturb the Kings Peace, but rest Contented, lest God Clips your Wings, and if you Fall, I hope you will have no more Resurections in this part of the World. And tho others may prompt you, to be an Enemy to the Church of England, yet their Fall would be your Ruin. But God be Thanked we have no need to Fear, for the King will not with-draw his Favour from us, neither shall Men or Devils prevent it.

Religion

Mrs. JAMES's VINDICATION OF THE CHURCH of ENGLAND, &c.

Mrs. James's Vindication of the Church of England [...]

RelB1692

A Day or Two ago, upon my Return out of the Country, I receiv'd your Letter, which had lain some time expecting me. In which you are pleas'd to advise me, concerning a Report industriously spread abroad, by the Abettors of our present Schism, That the Treatise against it, which I lately Translated out of the Barrocian MS. is Partially, and Deceitfully publish't; That there are some Canons belonging to it omitted, which would, if publisht, have unravel'd the Whole. I had heard of such a Report before I receiv'd your Letter, but I rather admir'd at the Heat and Judgment of those that first perus'd it, then thought it worthy to be taken notice off by me, and refuted. I could hardly believe, that they, that were the Authors of it, were really in earnest, when first the Noise was made; and, if they were in earnest, I knew that their Judgments were determin'd by so strong a Biass of Resentment and Zeal for a Cause, that all men must easily perceive it. I could not perswade my self, that any Person of common Ingenuity and Candour, could believe me guilty of so dull a Piece of Knavery, a Knavery so easily discoverable, and that by my own Direction. It was really very entertaining to observe, to what little Arts and Shiftings our Adversaries were reduc'd. I plainly saw by their Passion, and their holding up dirty Hands, that I had given 'em a Fall. And I could not wonder, that so small a Person as your Friend should be so stigmatiz'd, when even Cecilianus, the great Arch-Bishop of Carthage, was, by the Schismatical Donatists, call'd downright Nebulo. Knave, in a Letter to the Emperour Constantine; and that too, tho He himself had Judicially acquitted him, and declar'd him a worthy Arch-Bishop. 'Tis this is the Humour, and indeed the Unhappiness, of Mankind: If in your Opinions, or Actions, you chance to run counter to a Party, there is no expecting of Quarter: you are fallen in among Rapparees, and, if it lies in their power, God have mercy upon you, you will certainly fall by one Weapon or other; you must either be a Fool or a Knave. Where the Bluntness of the former will not pierce, there the Sharpness of the latter must be try'd. They will stab one at the Heart, if they cannot knock one on the Head. This they will be sure to endeavour to do: but the best of it is, it does often happen, that there's no one hurt but Themselves. I was confident it would prove so with me: I knew it was impossible, that the Dirt, wherewith I was so freely and bountifully bespatter'd, should stick long upon me, that a little Time would of course dry it off; and if not so, 'twould however come out by the least Rubbing. The Design of those, that first blew abroad that strange and improbable Rumour, was so obvious to all, that would give themselves leave to Think, that I could not imagine, any Persons of sound Understanding could possibly give Ear to it: The Fort I had happily rais'd was very strong and impregnable, well-mann'd with stout and unconquerable Veterans; and who could not see through so common and usual a Stratagem, as that of a False Report? What else could be done to keep up the sinking Spirits of the Adverse Party? It was necessary they should be perswaded, that tho there was an Appearance of many Brave Men upon the Walls, yet there lay in the Town conceal'd, a much stronger Party, Well-wishers to Them, that would shew Themselves shortly, discover the Weakness of the rest, and deliver up the Place. These Considerations, Sir, made me altogether secure, and regardless of that idle and unlikely Tale: But you blame me, you say; I must not any longer despise it; It is still, as you tell me, continu'd, and by many believ'd. And the Author of a Pamphlet entitl'd, An Apology for the New Separation, &c. has made a publick Complaint of my Disingenuity in this matter? He says, he is assur'd by his Friends in Oxford, that that Collection of Canons, which follows our Tract in the MS. is a part of the Tract, and that it shews plainly, that the Author of the Tract, when he contends, That A Bishop unjustly depos'd ought not to make a Division in the Church provided his Successor be Orthodox, is to be understood of onely a Synodical Deprivation; By which he means, that the Author of the Treatise supposes, that, if a Bishop unjustly depriv'd, be depriv'd by a Secular Power, and not by a Synod of Bishops, then he is not oblig'd not to make a Separation. Upon this account, I see 'tis high time to rowse up my self a little, since the Philistins are so much upon me. I shall now, Sir, obey your Commands, in laying before you those Canons which our Adversaries so much boast off, and the Reasons why I did not publish 'em together with the Treatise; That you your self may judge what a Nothing that is, that has made such a Bounce; that 'tis onely meer Powder, that can hurt no one else but the Person that Fires. In the first place, Sir, I must assure you, That when I transcrib'd our Treatise out of the Baroccian MS. I did it as an Historian, or a Philologer, or whatsoever else you will call it, not imagining then, I should ever send it abroad upon such an Occasion: If therefore the aforesaid Canons do truly belong to the Treatise, it is to be imputed to the error and mistake of my Judgment, and not to an ill Design, that they are omitted. I perus'd 'em, I remember, at that time, and they seem'd to me (as they still do) not at all to belong to the Treatise. They are written, I grant, in the same hand, and immediatly follow the Treatise, but (for God-sake!) what then? Are they therefore a part of the foregoing Treatise? What a wretched Judgment must that needs be, that can draw so strange a Conclusion? Here I cannot but return you that Story, which once, I remember, you told me, of that poor Country Person who would needs have the Book-binder's Leaf to be a part of his Bible: He was told, it came after the Index that was in that Bible, and was not at all to the Purpose; no matter for that, it was Printed, he said, in the very same Letter, and must therefore needs be a Part. If you pittied the Simpleness of that poor Man, what, Sir, will you say, when you see even Learned and otherwise Worthy Men so much prostitute their Judgments to Resentment and the serving of a Cause, that rather then not be Reveng'd on the saucy Publisher of so pestilent a Treatise, and supply their Adherents with an Antidote against it, they will let themselves down to the lowest degree of Absurdness? We grant that our Treatise and the Canons, that follow it, are written in a Hand somewhat different from the rest of the Volume: But what can be thence concluded? Are our Adversaries so extreamly Strangers to MS. Volumes, as not to know, that, as they consist very often of several Treatises, and of several Hands, so many times they have two Tracts together, or more, of one Hand? This is true in particular of that very Volume, out of which our Treatise was publisht. The other Parts of the Volume, besides our Treatise and the Canons, are not all written in the same Hand, but in several: In one Hand two or three Treatises, in another two or three Others; it being made up of the Pieces of several Volumes bound together. First, Sir, it is to be observ'd, That he that Transcrib'd that Volume, out of which the Leaves of our Treatise and the Canons were taken, and put into that in which they now ly; He, I say, that Transcrib'd our Treatise and the Canons, seems himself to have took 'em for two distinct Pieces: For between the Abstract, or Summary, of the Treatise and the Beginning of the Canons, there is somewhat a wider Space, than between the Lines of the Treatise, or between the Treatise and the Abstract of it. And what (I pray) if the Canons had been written just close upon the Treatise? I can shew you some Scores of Examples of Collections or Treatises wholy distinct, so closely connected in the Writing, without any Note of Distinction, that no one, but he that reads 'em, can possibly take 'em to be distinct. Who so little acquainted with this sort of Learning, as not to know, that Librarians, or Transcribers of Books, were oftentimes ignorant Persons, that did not at all understand what they wrote, but, like Horace's Painter, join'd oftentimes the Head of a Man to the Neck of a Horse? In the Second place it is to be observ'd, That the Treatise as it is in the MS. and as it is publisht, is thus concluded: TO CONCLUDE ALL IN A WORD; ONE THING ONELY was requir'd by the Church ( katholou gar eipein hen monon exēiteito hē ekklēsia &c.) that the new Bishop should profess the same (Orthodox) Faith with the other that was depos'd, but as for other Complaints and Accusations, except it were Heresy, she never made any Examination into them . What Person of so little Sagacity and Judgment, as not to see, that here the whole Treatise is ended? In the Third place, I shall give you as clear and plain a Demonstration, as can possibly be brought for the Confirmation of any thing of this Nature. It is this: Between the Conclusion of the Treatise, and the foresaid Collection of Canons, there comes in, in the MS. the Abstract or Summary of the Treatise, which stands, as it were, for an Index, as 'tis publisht in both borh the Editions. I cannot but admire, how it possibly could enter into any Man's Head, that that is a part of the Treatise, which follows the Abstract or Epitome of the Treatise. In the Fourth place, it is to be observ'd obsetv'd , and this is likewise as clear a Demonstration as any one can possibly desire, That the Canons which follow our Treatise are barely transcrib'd, not at all connected by any words of the Transcriber; Not a word of his in either the beginning, or the end, or mixt with 'em, as I know by comparing them with those that are Printed; When yet it is certain, that the Author of our Treatise does every where use his own Style. Neither does he make any mention, in any part of his Treatise, that he would subjoin any Canons. If the Canons had belong'd to the Treatise, 'tis absurd to imagine that the Author would have said nothing of 'em, not exprest his Design in transcribing 'em. And if he had produc'd 'em, as our Adversaries would have it believ'd, to shew that in the foregoing Treatise, he understood onely a Synodical Deprivation, why does he not somewhere say so? Why make no mention of a Synodical Deprivation? Why leave us to judge of his meaning by his gaping? This News, Sir, I know, will surprize you, which I tell you concerning the bareness of the Canons, that they are nakedly transcrib'd, without any one Word added by the Transcriber; For you tell me, I remember, in your Letter, that they that talk of this Matter, are wont to bring this for an Argument that the Canons belong to the Treastise, That there are added some Words at the end of the Canons, which plainly refer to the Treatise. And for this, as you say, the Authority of a very great Man is wont to be quoted. Let me tell you, Sir, I can now leap about with a heurēka. It is true, The thing has been all along confidently affirm'd by a very great Man, as you very deservedly call him: But take my Word for't, You will hear no more of that Matter. I enquir'd, Sir, lately of that Learned and otherwise very Accurate Person, What Words those were which he meant; and I found he had mistaken a Part of the last of the Canons for the Words of the Transcriber. This is strange, you will say: I, for my part, shall say nothing of it; but leave it for others to judge. But this I must add, that the Words which were alleg'd by that Gentleman to be the Transcriber's own, supposing they were the Transcriber's, (as we know very well they are not) do contain nothing in 'em, that could prove the Transcriber to have been the same Man with our Author. There is nothing from whence it might be gather'd that the Canons did belong to our Treatise; not a Tittle from whence it might be prov'd that our Author therefore transcrib'd 'em, to shew that he meant a Synodical Deprivation. You will judge of this by and by, by reading the Words your self. You will easily see, that Men, whose Eyes have contracted a Yellowness (whatsoever otherwise their Temper or Constitution may be,) read every thing agreeably to the Colour in their Heads. I come now lastly to the Canons themselves; Let them speak for themselves: We need nothing else to refute the strange Fancy and Dream of our Adversaries. The Argument, you know, of the Treatise, is to shew by many Examples, That it's contrary to the Practice of the Antients, for a Bishop unjustly depos'd to recede from the Communion of an Orthodox Successor. Pray look with both Eyes, and see if you can possibly find in the Canons any thing truly pertinent to that particular Subject. The Argument and Design of them, is against private Conventicles without a lawful Presbyter: against a Presbyter or a Deacon's withdrawing from the Communion of his Bishop without a just Cause: that a Bishop being condemn'd by the Bishops of the same Province, it shall not be in the power of the Bishops of another Province to take the matter into their Cognisance: against such Presbyters as shall separate from their Bishops on pretence of some Crimes they can charge 'em with, before they be legally convicted: against such Bishops as shall pretend to condemn their Metropolitan, and to leave his Communion on pretence of his Vices, before he is legally condemn'd: and lastly, against such Metropolitans as shall act in like manner with relation to their Patriarch. I shall here translate you these Canons in the same order as they ly in the MS. In Doctor Beveridge's Synodicon you may read 'em all in the Original. Can. Apost. XXXI. If a Presbyter shall in contempt of his Bishop, gather a separate Congregation, and erect another Altar, his Bishop being not condemn'd Not. That the seeming supposition of this Canon, that its lawful for a Presbyter to recede from the Communion of his Bishop, and to set up an Altar against him, if he be a Vicious Person, is unjust, as Balsamon affirms, and contrary to the express declaration of other Canons of the Greek Church, and particularly one of those that follow. But I scarce doubt, but that they that compos'd the Canons, intended that the Bishop should be judicially and Canonically condemn'd for the Crime alleg'd against him by the Presbyter, tho the words, mēden kategnōkōs en eusebeiai kai dikaiosynēi, do not plainly express it. by him for any Impiety or Injustice, let him be depriv'd as Ambitious. For he is a Tyrant. In like manner others of the Clergy that shall adhere to him. But let the Laity (that shall make themselves of his Party) be excommunicated. And let these things be done after three Admonitions given by the Bishop. What is this (in God's Name!) to our Treatise? How does this prove our Author's Meaning to be of a Synodical Deprivation? What is this to the adhering to a Bishop not Synodically Depriv'd, in opposition to another put into his Place? Can. Concil. Gang. VI. If any one in contempt of the Church shall gather a private Congregation, and do those things which belong to the Church, without a Presbyter appointed by the Bishop, let him be Anathema. What relation could this Canon have to the design of our Author? It was made, as Zonaras tell us, against the Eustathians, who despis'd the Congregations of the Church, and set up Conventicles in their private Oratories; and here they are forbid to celebrate the Service of the Church, even in the private Chappels of their Houses, without a Presbyter appointed 'em by the Bishop. This our new Recusants would do well to observe. Can. Concil. Antioch. V. If a Presbyter, or Deacon, shall in contempt of his Bishop separate himself from the Church, and set up a Conventicle, and erect an Altar, and not submit to his Bishop after a second Admonition, let him be depos'd, and let him be uncapable for ever of being restor'd to his Honour, and the Cure of Souls. And if he goes on to raise Troubles and Seditions in the Church, let him be punisht by the Civil Power as a Rioter. How could this Canon be produc'd by the Author of our Treatise as pertinent to the Subject of it? What's this to a Bishop depriv'd by a Lay Power, and the leaving his Communion who is put in his place, which our Adversaries tell us is warranted by the Author of our Treatise? The XVth Canon of the same Council. If a Bishop being accus'd of any Crimes, shall be condemn'd by all the Bishops of the Province, and all shall unanimously agree in the Sentence against him, he may not be judg'd again by others, but the Sentence past unanimously by the Bishops of the Province, shall be valid. This Canon was made to prevent Appeals, which a Bishop depriv'd by the Bishops of the same Province of which he was, might make to some other Bishop, or Bishops, of another Province. Pray, tell me, how it makes to the Business and Subject of our Treatise. What Lynceus so very strong sighted as to see a Thing at that Distance? Can. Concil. Carthag. XI. If a Presbyter through Pride shall make a Schism against his Bishop, let him be Anathema. This is onely an Epitome of the XI. Canon of the Council of Carthage. What a rare relation it has to the particular Subject of our Treatise! What a plain Demonstration it affords, that the Author understands a Synodical Deprivation! The XIII. Canon of the Council call'd the First and Second. The Devil scattering Heretical Seeds in the Church of Christ, and seeing them cut off at the Root by the Sword of the Spirit, has pitcht on another Method, and endeavours to divide the Body of Christ, by the Madness of Schismaticks: The holy Council, in order to prevent this Snare as well as the other, has decreed, That if any Presbyter or Deacon having condemn'd his Bishop for any Crimes, shall dare to depart from his Communion, and refuse to recite his Name in the Publick Prayers of the Church, according to the usual Custom, before he be Synodically tryed and perfectly condemn'd, that Person shall be depos'd and depriv'd of all his Honour in the Priesthood. For any one plac't in the order of a Presbyter, if he takes upon him to prevent the Judgment of the Metropolitan, and to condemn and pass Sentence on his Father and Bishop, he is not worthy of the Honour or Name of a Presbyter. And they that adhere to such as have done so, if they are of the Priesthood, let them likewise be depriv'd of their Honour; if Monks, or of the Laity, let 'em be Excommunicated, till they leave the Schismatical Party, and return to their respective Bishop. I shall pass a Remark on this, and the other two which follow, together. The XIV. Canon of the same Council. If a Bishop upon charging his Metropolitan with a Crime, shall withdraw from his Communion, and refuse to recite his Name in the publick Service of the Church according to Custom, before he is Synodically tryed, the holy Council decrees he be depos'd, upon Proof that he made such a Schism. For all Men ought to observe their proper Duties, and the Presbyter must not despise his Bishop, nor the Bishop his Metropolitan. The XV. Canon of the same. What has been decreed concerning Presbyters, Bishops, and Metropolitans, the same is yet more reasonable with relation to Patriarchs. If therefore any Presbyter, or Bishop, or Metropolitan, shall dare to recede from the Communion of his Patriarch, and does not, according to Custom, recite his Name in the Publick Service of the Church, but makes a Schism before his Patriarch has been Synodically try'd, and perfectly condemn'd, the holy Synod ordains, That, upon Proof made of such a Schism, he be depos'd. Here being the Words which the Learned Mr. D---- took to be the Words not of the Canon, but the Transcriber. And these things are ordained, and ratified concerning those who upon pretence of certain Crimes shall separate from their respective Bishops, and make a Schism, and break the Communion of the Church. For they that separate themselves from the Communion of their Bishop, for a Heresy condemn'd by the holy Fathers and Councils, he publickly professing and preaching the Heresy, shall be so far from being obnoxious to any Canonical Punishment, on the account of such a Separation, that they shall be honour'd as becomes true Believers. For in such a case they do not condemn true Bishops, but false Ones and they do not break the Unity of the Church by a Schism, but endeavour to deliver the Church from Schisms and Divisions. Here ends the Collection of Canons. That which follows immediately in the MS. is altogether forreign both to them and the Treatise, a Fragment of a Story concerning Artaxares and Chosroes of Persia. And now, Sir, you have read all the so much celebrated Canons, which have rais'd so great Expectation, and been made the common Defence of those that have been prest with the Authority of the Oxford Antiquity. When you light on any of the Adversaries of the Oxford Antiquity, pray shew 'em freely to them, and desire them to make their best of 'em: Much good may they do 'em. If you meet with any of 'em so very Judicious, as to lay any Stress on the Mention that is made, in these Three last Canons, of a Synodical Deprivation; pray desire them to be so just to you, as to give you a Reason. Let 'em give you a Proof that those Canons are a Part of the Treatise. Let 'em shew how it makes for their Cause, that in them there is mention made of a Synodical Deprivation; how it proves that the Author of our Treatise is onely to be understood of a Synodical Deprivation. Desire 'em but to open their Eyes, and then they will plainly see, that the whole Design of those Canons, is onely against a Separation from our Bishops, and the throwing off Canonical Obedience upon our own private Judgments and Pretences; that the Vices or Crimes of a Bishop ought not to be made an Occasion of a Separation, unless he be legally and fully condemn'd and depriv'd. This is still the Doctrine of our Church; and what we in England call Legal, the Greeks, when they spoke with relation to Bishops, call'd a Synodical Deprivation, 'cause the ordinary way of Depriving Bishops amongst them, was by the Metropolitan, and the rest of the Bishops of the Province; who, by the Consent of the Emperour, were constituted the ordinary Judges of the Causes of Bishops. I shall here add, that it is easy for any Man of Judgment to observe, That therefore the Canons, which we have above produc'd, were by some Body tackt to our Treatise in the MS. because of some kind of Relation which they seem to have to the General or Material Subject of the Treatise, viz. Schism and Bishops, tho they have not any Pertinency or Relation to the Formal or Particular Subject of it, The adhering to an Orthodox Bishop in possession, tho the former Bishop was unjustly turn'd out. We know, that most of those MS. Volumes, which now our Libraries afford us, were nothing else but so many Volumes as it were of Common Places, in which Men of Learning and Study heapt together such Things as seem'd to them something akin. And hence it is, that in most Theological MSS. or at least in very many, you meet with Canons of Councils disperst up and down according to the Subject of the Treatise foregoing. Hence likewise many Fragments of the Fathers subjoin'd to Discourses of Divinity, and others out of the Historians subjoin'd to Historical Treatises, and the like. A Thousand Instances of this may be easily produc'd, if need were; but I shall not spend Pains and Paper in what will easily be granted by all that are acquainted with MSS. I must not here omit, that besides the Copy of our Treatise which we ow to the Baroccian Volume, there is at this time extant another in France. It is mention'd by the famous Cotelerius in his Notes upon the Third Volume of his Monumenta Ecclesiæ Græcæ. He quotes it under the Title of a Treatise Offendi pariter in opusculo nunc inedito, olim si Deus dederit edendo, De celebri Schismate ob Josephum Presbyterum, hæc verba. tauta heurētai en tōi tou hagiou Nikōnos deuterōi Bibliōi, en miai tōn Methodiou epistolōn p. 645. Concerning the famous Schism which was rais'd upon the account of Josephus the Presbyter, and he says he intended to publish it. That that which he mentions is the same with our Treatise, appears by a certain Quotation of one of the Epistles of Methodius out of the Second Book of Nico, which is produc'd by Cotelerius out of it, and is in the very same words in our Treatise. Since I publisht the Treatise, I receiv'd this Observation from the Famous and Learned Mr. Dodwel. Now if any one is so very unwilling to be convinc'd, as not to be satisfied with what we have hitherto said, and he thinks it worth his Curiosity, he would do very well to desire an account of this Copy from some Body at Paris. It is, I suppose, to be found in the King's Library there, tho Cotelerius makes no mention where he had it. Five Hundred to One, but a Month or Six Weeks hence we may have a Report spread abroad, that Advice has been sent from Paris, that the aforesaid Canons are found in the MS. there in the self same manner as at Oxford. A spurious Letter, as from some considerable Man, the Librarian himself, or some other, will do very well for that purpose. This would be but a very dull Imposture, since the Canons make nothing to the Purpose of the Treatise: However, I shall here let you know, that it often happens, that Two distinct MS. Copies of a Treatise have the same things subjoin'd at the end of their Treatise. And the Reason is plain, viz. Because they were either transcrib'd from one another, or are both descended from the same. I know, This is very Dry Food for a Person of so delicate and nice a Digestion as you are; But however I shall give you one Instance. We have here in Oxford amongst the Barocian MSS. a Copy of Anastasius Sinaita (Nicenus some men miscall him) his Quæstiones Theologicæ ; at the End of which there are added many Fragments of several Authors, which by the manner of Writing you would take to be part of the Work: Another ancient Copy of the same Work is extant in the aforesaid Library at Paris, in which the same Fragments are exactly found, as I know by a particular account of that Volume which I have met with; And yet it is certain that the Fragments, we speak off, are not part of the Work of Anastasius, but annex'd to it by some ancient Librarian. Concerning the Schism which was rais'd upon the account of Josephus the Presbyter, of which there is mention in the Paris Copy, as the occasion of our Treatises being written, I shall tell you something by and by. Before I utterly dismiss this Cause, I shall begg your leave to observe, that the Council call'd First and Second, to which the Three last of the Canons above translated, do belong, was a Council call'd under Photius the Patriarch of Constantinople; in which the said Photius, tho made a Patriarch by the Emperour, when Ignatius the Patriarch was unjustly depos'd by the Emperour's bare Authority, was receiv'd and own'd as rightful Patriarch, and that whilst Ignatius was living. And 'tis further observable, That that same Council consisted of so many Bishops as to be call'd by Balsamon, the learned Patriarch of Antioch, oikoumenikē synodos a General Council. And thus much, Sir, for our Canons. The next thing I observe in your Letter, is what you tell me concerning a very learned and elaborate Answer, which you say is ready to be publisht, and very much talkt on, against the Oxford Antiquity. As for that, Sir, It is no News to Me, and no more than I ever expected. You know, there must somewhat be said. That's a Business of course. And Schism is a Thing of so ugly and horrid an Aspect, that it is not a Wonder, if They that have rashly espous'd it, think fit to give it a Paint; tho all the World knows, It is not its Natural Colour, and it plainly appears to be Dawbing. We have been now so Civil and Gentile to our Adversaries, as to clean our selves of that Dirt, which they themselves cast upon us, before We are to enter upon the Struggle. You may tell 'em, Sir, We are ready and prepar'd to close in, whensoever they please to come on. We are not Concern'd at what you say, That They are Great Men, Men of War from their Youth. For what avail the greatest Abilities, what avails the strongest Confederacy, when a Cause is not capable of Defence? What avails a great deal of Strength, when, like Mito, they are caught in an Oak? It is not, Sir, to be admir'd, that they that are engag'd in this Schism are so little mov'd and perswaded by the many Examples of those Great and Excellent Bishops, which the Oxford Antiquity presents 'em. You cannot but know, of whom it was that St. Jerom uses those Words: Mores meorum, says he, in the Person of a Luciferian, apprime novi, facilius eos vinci posse quam persuaderi. I know very well their Temper, that 'tis easier to conquer 'em, than to perswade 'em. 'Twas, you know, the Luciferian Schismaticks, of whom he speaks so. And St. Augustine, I remember, makes Totum sermonem meum tanquam mutus audivit. Retract. l.2. c.51. Multa diximus etiam fatigati, & tamen Frater noster, propter quem ista dicimus vobis, & cui pariter dicimus, & pro quo tanta agimus, adhuc consistit. Lib. de Gestis cum Emerito. Complaint of Emeritus, the Champion of the Schismatical Donatists, that, tho in the Conference between 'em, he was so far Confounded, as not to have a Word to say, yet he still continu'd in his Schism, as if He himself had been Conquerour. As it is a particular Complexion, and a great and strong Temptation of either Resentment or Ambition, or the tickling Satisfaction of being at the Head of a Party, that must hurry a Man on to so great a Sin as a Schism, so it must be a peculiar Grace that reduces one. It is not your carrying a Light, that will make a Man follow you; not the shewing him the Road, that will make him go right, unless he has a Will to be directed. It is therefore, I say, no matter at all of Wonder, if those many Examples and Authorities of the Oxford Antiquity have not met with that agreeable success which a Man unconcern'd might very well have expected: And, when I tell ye, We are ready to assert and defend that Doctrine, which our Treatise advances against all the Opposition which our Adversaries threaten, We are far from engaging to open a way for it to our Adversaries Hearts. That, I fear, is scarce to be expected; more especially of those whose Pens are now engag'd in the Defence of their Schism: For they by be Writing, still make it more hard to be convinc'd, and suck, like the Orator of old, a fatal Poison out of their own Pens. In short, Sir, I must tell ye; The Place, before which we ly, has, to Me, no other Appearance (you will pardon, Sir, the youthful Comparison) but that of a Castle Enchanted, and I shall not pretend to be so Romantick a Champion as to force it to a Surrender. Tho we know all the Arms it can possibly make use off, are very Weak and Insignificant; tho the Walls, that look towards us, are extreamly thin, and without any manner of Foundation; Whatsoever our Weapons may be, or our strength and dexterity in using 'em, There is still a SPIRIT within, that will keep it from being taken. Yet this I shall dare to pretend to; I shall dare engage to discover the Weakness of the Place, and to Throw up such Works round about it, as may hinder, like a Circle, the Sallies of the Obstinate Spirit, and secure all those, that are yet without, from the Charms it may lay upon 'em. That We may not run on and mispend our Time, and Abuse the Patience of our Readers by Discourses not properly pertinent and close to the Matter depending; When you meet with any of our Learned Adversaries, the Emeriti of this Schism, who, you say, are publishing an Answer to our Treatise, and writing a Defence of their Revolt, Be pleas'd, Sir, to desire 'em to demonstrate, if they can, the Two general Propositions which follow. 1. That the Civil Government has not any Authority in it self to deprive a Bishop of his Bishoprick, who refuses to own it, and to submit to it. And here they are desired to consider, that the Civil Power or the Temporal Governor are no less of God's own Institution than Bishops or the Governors of the Church, that both are equally Jure Divino with this onely difference, that the former are instituted by God for our Peace and Happiness here in this World, the latter to conduct us to Happiness in that which is to come; That the Secular Government is antecedent to the Spiritual; That when Christ came into the world to establish a Church, he came not to abolish any Law that was necessary for the support of the Secular Government, not to set up a Church that was any ways opposite to it; But that he himself submitted to the Secular Government which he found establisht, and commanded his Followers to do so; That after his Death the Apostles likewise did so, and commanded likewise all their Followers and Successors to do the same, to submit to the Temporal Power as the Ordinance of God. It is plain that our Saviour by establishing a Church, intended the establishment of such things onely as might well consist with the Safety and the Essentials of Government. From hence it follows, that none has receiv'd any Power or Commission from Christ to preach the Gospel, or to preside over the Church in any Country, but with this Supposition, and on this Condition, that he own and submit to the Temporal Government which God has ordained in that Country. It is, I say, with this Supposition, That he gives his Bishops, and his Ministers, a Commission to preside over the Church, and to preach his Gospel in such or such a Country; It is upon the same Condition that the Church appoints 'em to preside or preach in that Place; and it is upon the same Condition that they are receiv'd, allow'd off, and protected by the State. If therefore they fail of the Performance of that necessary Condition, their Commission then ceases as to that particular Government, which they cannot, or will not submit to. They become Deprivable by the State, and the Church is to constitute others who are willing to submit to the State, and whom the State shall approve of as fit to be trusted by it in that Post. Thus for Matters of Heresy; Christ has given no Authority to any to preach in his Name, or to govern in his Church, but on this Condition, that they preach and maintain the true Faith. If that Condition be not observ'd, the Church is then to deprive 'em. In the Case of Heresy it belongs to the Church to Deprive, that being the proper Judge of that Question, What is the true Faith? In the Case of Rebellion, or of Non-submission to the Government, it belongs to the Government, as being the proper Judge of what is necessary for its own Support. I lay down this as a Principle, on which both the Power of the Church, of Depriving for Spiritual, and likewise the Power of the State, of Depriving for Political Crimes, does depend. Query, What Security the Civil Government, which is God's own Institution, and antecedent to the Ecclesiastical, can have, if a Bishop, that refuses to own it, and submit to its Authority, may not be Depriv'd by it? What Security can it have, Especially considering, that Men of that Character are generally Persons of very great Power and Authority, and may easily go a great way in the Subversion of a Government, by the Influence of their Eloquence, and their great Reputation for Learning and Piety? In such a Case is the Bishop to be Depriv'd by a Synod of Bishops? Here a Second Query will follow. What if all the Bishops, that are under a Government should conspire against it? And what if we suppose, that there's onely one Bishop within the Bounds of that Government, a thing that has often happen'd; What must be done in that Case? Will our Adversaries grant, that supposing a Bishop should conspire against the Government or Rebel, the Government has Authority to imprison him, or to banish him; but not to Deprive him of his Bishoprick, so as that another may be plac'd in his See? If this be the Plea of our Adversaries, I shall then desire to be satisfied in one Query more. How does this consist with the Nature and End of Church Government? How can He continue a Pastor that is utterly banish'd from his Flock, and render'd utterly uncapable of doing the Duty of his Charge? Shall the Neighbour Bishops be his Delegates, and act by his Power and Authority? But what if we recur to our former Supposition, that all the Bishops of a Kingdom are Rebels? When they are all banish'd by the State, who then must govern the Church? Who ordain, and do other Duties that are proper to a Bishop? Or supposing that there is but one Bishop; when he is sent into perpetual Banishment, how must his Office be supply'd? When in the first Planting of the Christian Religion in the several Parts of the World there was onely one Bishop in a Country, as at first in many Countries there was onely one, if that one had been banish'd for Rebellion, pray, what should the Christians there planted have done? Should they have liv'd without Bishop during all his Life that was banish'd, or ought they not rather to have got a new one to govern 'em, to supply the Church with inferiour Clergy, and the like? Here, Sir, I shall put you in mind of those words of the great St. Chrysostom, which are urg'd in the Preface to the Oxford Antiquity; when he was unjustly banish'd he charg'd his People, That as they hop'd for Salvation, they should be obedient to that Bishop who should succeed him as to himself, For the Church, says he, cannot be without a Bishop. And yet it is certain, that that great Man did never resign his Bishoprick, but continued to act as a Bishop of the Catholick Church during all the time of his Banishment, that is, as long as he liv'd. I shall onely add, that if the Banishment of a Bishop be no design'd to be perpetual, as that of St. Chrysostom was, but onely for a Time, then there may not be any Necessity that another should be plac'd in his See. And this was the Reason, why, when St. Athanasius, the Patriarch of Alexandria, was banish'd by the Emperour Constantine, there was no new Patriarch created. That He was banish'd onely for a Time, and that the Emperour Constantine intended to recall him, and to restore him to his Bishoprick, is expressly attested by the Younger Emperour Constantine in his Toigaroun ei kai ta malista &c.Jam cum imprimis vestræ in Deum pietati, suæque Sedi hunc Episcopum Dominus Deus noster & Pater Constantinus restituere vellet, & humana forte preventus, antequam hoc votum impleret, requieverit, ego mihi convenire puto, ut suscepta voluntate sacræ memoriæ Imperatoris, id ipsum adimpleam, quod ille non potuit. Apud Athanasii ad Imp. Const. Apolog. p. 806. Letter to the Church of Alexandria, by which he restores him to his See. Who adds, that he himself by restoring him, did onely fulfil his Father's Will: who, he says, would have done it himself if he had not been prevented by Death. And Pope Julius in his Synodical ho tote ou gegonen, ou de eis Gallias autou apostalentos egegonei gar an kai tote, ei ontōs ēn katagnōstheis amelei epanelthōn scholazousan kai ekdechomenēn auton tēn ekklēsian heōrei. Ap. S. Athan. Apol. ad Imp. Const. p. 784. Epistle to the Synod of Antioch, concludes, That the Emperour Constantine did not fully and perfectly condemn Athanasius, because there was no one put into his Place, during the time of his Banishment. If, says he, He had fully condemn'd him, his See would have been dispos'd of to another. The Solution, Sir, of these Queries, which I have propos'd, will prove, if I am not mistaken, a work of no great Ease. I should gladly see the Knot fairly untied, without any Cutting and Violence. We will see on the contrary, if you please, how easily those Knots may be loos'd, which our Adversaries are wont to present us, as the greatest effects of their Skill. Ob. 1. How does it consist with the Safety of the Church and of Religion, if the Secular Governour has Authority to turn out a Bishop? Then all Bishops may depend on his Sentence, and the Church and Religion be precarious. An Orthodox Bishop may be depos'd, and a Heretick placed in his See. Ans. It cannot be avoided but that the Church and Religion must be always, in some measure, Precarious, and depend upon the Civil Magistrat. If the Governour be an Enemy to Religion, there is no avoiding Oppression, wheresoever we lodge the true Power of Depriving a Bishop. Now to answer directly the Objection: If the Civil Governour should turn out our Orthodox Bishops, and put in Hereticks in their Places, or put in none at all in their places, then the Church is obliged to adhere to the old Ones turn'd out, or, if there be a necessity, to procure new Ones that are Orthodox. Thus if the Civil Magistrat should forbid the Christian Religion to be preach'd in his Country, he is not to be obey'd, because it is the Will of our Saviour that his Gospel should be preach'd to all Nations, as far as the Preaching of it does consist with those Rules that are truly essential to Government. And when Decius the Emperour aim'd to root out the Christian Religion in the City of Rome by destroying the Bishop Fabianus, and forbiding that any new Bishop should be Created in his Place; there was no Obligation on the Christians of that Church to obey his Will or Decree, since they did not pretend to choose such a Person as refus'd to submit to his Government. And therefore, tho they defer'd the Election of a new Bishop for above Sixteen Months, for fear of the Emperour, who then resided at Rome, Propter rerum & temporum difficultates, as the Clergy tell St. Cyprian in a Letter, yet as soon as the Emperour was engag'd in a Civil War, and had therefore remov'd from that City, they set about an Election, and plac'd Cornelius in the Chair. This Principle will secure Religion from depending on the Will of a Governour no less than that of our Adversaries, who would have Bishops to be Deprivable onely by Bishops. That likewise may have its ill Consequences, for what if those Bishops, who are suppos'd to Deprive another, should themselves be Heretical, or no true Friends of the Church? This Rule is still to be observ'd, that neither the Civil nor the Ecclesiastical Power may so far usurp upon one another as to lessen that Authority which is necessary for the Subsistence of Each. Where on either side their Pretensions exceed their due Bounds, there all there Authority ceases. We must neither erect a Protestant Popedom, nor yet an Erastian Kingdom: Not so interpret one Text as to make it fall out with another. There is, as in other Things, so likewise in this, a sort of an Analogy of Faith: As they both proceed from God, so they cannot in their own Natures disagree in the least. Neither must there such Maxims be advanc'd as may make 'em wage War with one another. So to order the Temporal Government as not to have Regard to the Spiritual, is Prophaness, Irreligion and Atheism; and to lay down such Rules in Favour of the Spiritual as that it may Top upon the Temporal is no less a Crime than it is a Vanity. In a Word: He cannot give to God all the Things that are Gods, that does not give to Cesar the Things that are Cesars. Ob. 2. But it is not in the power of the Civil Government to take away that which it could not give, the Orders and Character of a Bishop. Answ. This Objection supposes that when a Bishop is depriv'd of his particular Bishoprick, his Orders are taken away, and he is not any longer a Bishop. If the thing be so; look they to it, who refuse to submit to the Civil Government which God has set over 'em. It appears from what has been said, that our Saviour has given no Commission to exercise the Office of a Bishop in such a particular Place, but to such as submit to the Government of that Country in which they reside: and if they are not Bishops but in that one Place where first they were design'd to preside, if they have not (I say) any larger Commission, then whenever they refuse to acknowledge the Civil Government, their whole Commission is void, and they are not any longer Bishops. They are not depriv'd of their Orders by the Civil Power, but their Commission which they receiv'd from Christ to exercise the Office of a Bishop in that particular Place, is of it self void, as being given only on Condition, as soon as they appear to be Enemies to the Government, and are so declar'd. Look they, I say, to that. But it is not our opinion, that a Bishop is utterly Degraded whensoever he is justly Depriv'd. Neither is it agreeable to the Notions and Practice of our Church. For if the Character of a Bishop does depend upon the having a Bishoprick, how can a Bishop remain a Bishop after Resignation? How can he be restor'd after (lawful) Deprivation without a new Ordination? How can he be translated without a new Ordination from one Bishoprick to another, if, when he was Ordain'd, he was only Ordain'd to this or that particular Bishoprick? How can he Ordain, or do the Offices of a Bishop, out of his own Diocess? If the People of his City or Diocess should be all destroy'd by Wars, or be utterly disperst and lost, how can he remain invested with the Character of a Bishop? And as it is not agreeable to the Doctrine and Practice of our Church, so neither to the general Notions and Practice of the Ancients, as shall easily and plainly be made out, as soon as Occasion is given. At present it will be enough, to remind you of what is above observ'd concerning St. Chrysostom. Tho it be not my Design at present to enter upon the Authority of the Antients, yet I cannot forbear to take notice of a very strange Weakness of Judgment (for so I must call it) which Lucifer Calaritanus has discover'd in his Books to the Emp. Constantius in behalf of St. Athanasius. He affirms, amongst other things, that another Bishop ought not to be put into St. Athanasius's Place, as was done at that time, because Athanasius was living. By which he seems to intimate that a Bishop could not be at all Depriv'd; but his meaning is, that he could not be Depriv'd by the Emperor. So he says: Persequeris eum per quem te audire præceperit Dominus, agente eo in rebus humanis, cohæreticum tuum Georgium mittis Successorem, cum tametsi fuisset liberatus jam Athanasius & corpore (l.è Corp.) tibi non licuerit mittere, sed fuerit ac sit in Dei manu, quem fuisset dignatus populo suo antistitem instituere, per servos viz. suos, hoc est Catholicos Episcopos. Neque enim possit impleri virtus Spiritus Sancti ad Dei gubernandum populum, nisi is quem Deus allegisset, cuiq manus per Catholicos Episcopos fuisset imposita, (hic deest aliquid, è corpore liberetur, aut quid simile) sicut defuncto Moyse, impletum Spiritu Sancto invenimus Successorem ejus Jesum Naue. Loquitur Scriptura Sancta, dicens, & Jesus filius Naue impletus est spiritu intelligentiæ. Imposuerat enim Moyses manum super eum & audierunt eum Filii Israel, & fecerunt secundum quod mandavit Dominus Moysi. Conspicis ordinationi Dei te obviam îsse, contra Dei faciendo voluntatem, temet mucrone gladii tui jugulatum, siquidem non licuerit ordinari nisi fuisset defunctus Athanasius, & defuncto Athanasio, Catholicus debuerit per Catholicos ordinari Episcopos. lib. 1.But how does he prove it? He does not pretend to Tradition, or to lay it down as the Doctrine of the Ancients; but so he thinks fit to say, as being too angry to allow the Prince any Prerogative, and he proves it from hence, that Josuah did not succeed Moses till Moses was dead. What a strange Demonstration that is! Yet so bad as it is, it holds as well against a Deprivation by Bishops, and likewise against a Deprivation by the People of the Diocess, which Lucifer himself in another place owns to be lawful, as against a Deprivation by the Prince: and so bad as it is, it is full as good, as a great many other Arguments, which are urg'd from the Scripture by that over Passionat, tho Orthodox, Bishop. It is true, that the Emperor did very ill in turning out St. Athanasius unjustly, and in putting in a Heretick into his Place. This we know. It is likewise true, that our Author deserv'd very well for his Zeal against the Arian Hereticks: But this however I must say, that he manages the Cause with much more Heat and Irreverence than Judgment. We may dare to affirm he had no great stock of the latter: And it is not at all to be wonder'd at, that He afterwards prov'd a Schismatick. Tis further alleg'd by the same Author against the said Persecuting Emperor, that instead of being a Judge in the Cause of a Bishop, he ought by the Law of God to be Condemn'd to Death for not submitting to the Doctrin of the Catholick Bishops. And this he proves from that place in Deuteronomy where God commands, that they that did not obey the Priests should be put to death; tho the Text be no other than this: (Deut. 17.12.) And the Man that will do presumptuously, and will not hearken unto the Priest (that standeth to minister there before the Lord thy God) nor unto the Judge, even that man shall dy, and thou thon shalt put away the evil from Israel. After all I must add, That the Cruelty of that Emperor Constantius to the Catholick Bishops, may be pleaded to excuse both Lucifer, who himself suffer'd Banishment, and also some other Bishops of that Age, who were so far provok'd as to deny that the Emperor had any Authority at all over Bishops; For, as Solomon says,Oppression maketh a Wise man mad. Here, Sir, it comes into my mind, what you mention in your Letter concerning St. Cyprian, That there's nothing more usual with the Advocates for the New Separation, than to plead upon all Occasions the Authority of that excellent Father. 'Tis, Sir, a merry Question, that which you are pleas'd to ask me, Whether ever he wrote a Treatise by way of Prophecy for the Cause of our Adversaries? One would think so, you say, by the Confidence and Triumph of those that are wont to quote him. I shall answer you, Sir, in short, but with a great deal of Seriousness, that there is not a Word in St. Cyprian that makes a Whit for their Cause. I will give you, according to your Desire, a particular account of the meaning of all those Passages, which you say are usually alleg'd, and of the Occasion why they were written. You will then see, that even the greatest and learnedest men (for such, you tell me, some of the Quoters of St. Cyprian are) are in some respects no better than the Many; that when they are drowning and sinking, they will catch at Straws no less than other People. The Words which you say are commonly quoted by our Adversaries out of St. Cyprian are 1. That a Bishop cannot be judg'd by another, but that Christ alone, who set him over the Church, has power to judge of his Actions. Superest ut hac ipsâ re singuli quid sentiamus, proferamus; neminem judicantes, aut à jure Communionis aliquem, si diversa senserit, amoventes. Neque enim quisquam nostrum Episcopum se Episcoporum constituit, aut tyrannico terrore ad obsequendi necessitatem Collegas suos adigit, quando habeat omnis Episcopus pro licentiâ libertatis & potestatis suæ, arbitrium proprium; tamq judicari ab alio non possit, quam nec ipse potest judicare. Sed expectemus universi judicium Domini nostri Jesu Christi, qui unus & solus habet potestatem & præponendi nos in Ecclesiæ suæ gubernatione, & de actu nostro judicandi. These Words are in St. Cyprian's Preface to the Synod of Carthage. The Occasion of them was this: There was a Controversy between St. Cyprian and Pope Stephanus of Rome, concerning the Rebaptizing of such as had been Baptiz'd by Hereticks or Schismaticks. St. Cyprian and the Synod were for it. But they would not, they say, take upon 'em to Anathematize those Bishops that did not agree with 'em in that Matter; but would leave it to them to act according to their Judgments, and would let the Matter alone to be fully determin'd by Christ at the Day of Judgment, he being the proper Judge of the Actions of Bishops in a Thing of that Nature. 2. That a Bishop ought not to be prescrib'd to in the ordering of the Affairs of his Church, but that he is to govern according to his own Judgment, and to give an account of his Actions to God. Hæc ad conscientiam tuam, Frater carissime, & pro honore communi, & pro simplici dilectione pertulimus, credentes etiam tibi pro Religionis tuæ & fidei veritate placere, quæ & religiosa pariter & vera sunt. Cæterum scimus quosdam quod semel imbiberint nolle deponere, nec pro positum suum facile mutare, sed salvo inter Collegas pacis & concordiæ vinculo, quædam propria, quæ apud se semel sint usurpata, retinere: Quâ in re nec nos vim cuiquam facimus aut legem damus, cum habeat in Ecclesiæ administratione voluntatis suæ arbitrium liberum unusquisque Præpositus rationem actûs sui Domino redditurus. Epist. 71. These Words are spoken on the same occasion, and in the same sense, in a Letter to Pope Stephanus, wherein he gives him an account of what had been Decreed by the Synod of Carthage. They are spoken likewise upon another, but a like Occasion, in his Epistle to Magnus, who had sent to know his Judgment concerning such Persons, as, being converted to the Faith in the time of Sickness, were Baptiz'd by Sprinkling onely, Whether they ought to be lookt upon as perfect Christians? Quâ in parte nemini verecundia & modestia nostra præjudicat, quo minus unusquisq; quod putat, sentiat, & quod senserit, faciat. Nos quantu concipis mediocritas nostra, æstimamus &c. Rescripsi, Fili carissime, ad literas tuas, quantum parva nostra mediocritas valuit, & ostendi quid nos, quantum in nobis est, sentiamus, nemini præscribentes, quo minus statuat, quod putat unusquisque Præpositus; actus sui rationem Domino redditurus, secundum quod B. Apostolus in Epistolâ suâ ad Rom. scribit, ac dicit: Unusquisque nostrûm pro se rationem dabit; non ergo nos invicem judicemus. Epist. 69 He resolves him in the Affirmative, but with a great deal of Modesty: And he leaves it to other Bishops to act according to their Judgments. He would not judge another that should not agree with him in it. And likewise in his Epistle to Antonianus, where he says, That some of the Bishops of Africa before his Time, thought it unlawful to re-admit into the Church a Person excommunicated for Adultery; but they did not however pretend, to condemn other Bishops that were of a different Opinion, and who practis'd accordingly. Et quidem apud Antecessores nostros quidam de Episcopis istic in Provincia nostrâ dandam pacem mœchis non putaverunt, & in rotum pœnitentiæ locum contra adulteria clauserunt; non tamen à Co-episcoporum suorum Collegio recesserunt, aut Catholicæ Ecclesiæ unitatem vel duritiæ vel censuræ sua obstinatione ruperunt; ut quia apud alios adulteris pax dabatur, qui non dabat, de Ecclesiâ separaretur. Manente Concordiæ vinculo, & perseverante Catholicæ Ecclesiæ individuo sacramento, actum suum disponit & dirigit unusquisque Episcopus, rationem propositi sui Domino redditurus. Epist. 55. As also in an Epistle to Cornelius Bishop of Rome, wherein he complains, that some of his Factious Presbyters, who had been condemn'd by the Bishops of his Province, were fled to Rome to have their Cause heard by Cornelius, when (as he says) it was contrary to the Constitutions of the Church, and likewise to reason and equity, that a Cause should be try'd in any other Province but that where the Crime was committed; and that the Bishops of that Province are to give an account of their Actions to God, and not to other Bishops. Nam cum statutum sit ab omnibus nobis, & æquum sit pariter ac justum, ut uniuscujusq causa illic audiatur, ubi est crimen admissum, & singulis Pastoribus portio gregis sit adscripta, quam regat unusquisque & gubernet, rationem sui actûs Domino redditurus; oportet utique eos, quibus præsumus, non circumcursare, nec Episcoporum concordiam cohærentem suâ subdolâ & fallaci temeritate collidere, sed agere illic causam suam, ubi & accusatores habere & testes sui criminis possint; nisi si paucis desperatis & perditis minor videtur esse auctoritas Episcoporum in Africâ constitutorum, qui jam de illis judicaverunt, & eorem conscientiam multis delictorum laqueis vinctam judicii sui nuper gravitate damnarunt. Ep. 59. 3. That a Bishop has Deum solum judicem, and Deo soli debet se judici. These are not the Words of St. Cyprian, but of the Clergy of Rome, in their Answer to him concerning the Receiving of the Lapsi into the Church: Quanquam bene sibi conscius animus, & Evanglicæ disciplinæ vigore subnixus, & verus sibi in Decretis cælestibus testis effectus, soleat solo Deo judice esse contentus, nec alterius aut laudes petere, aut accusationes pertimescere: tamen geminatâ sunt laude condigni, qui cum conscientiam sciant Deo soli debere se judici, actus tamen suos desiderant, etiam ab ipsis suis Fratribus compro, bari. Quod te, Frater Cypriane, facere non mirum est, qui pro tuâ verecundiâ & ingenitâ industria, consiliorum tuorum non tam judices voluisti, quam participes inveniri, &c. Ep. 30. In which, they applaud his Modesty in writing to them for their Judgments, when he was not at all oblig'd, but had power as a Bishop to act in a thing of that nature according to his own judgment, and was bound to give an account of his Actions in that Affair to God alone, not to any other Church. 4. That all Acts of the Church ought to proceed from Bishops. These Words are gather'd out of the 33. Epistle to the Lapsi: Wherein he complains of the boldness of some factious Presbyters of his, who had taken upon 'em in the time of his Retirement to admit the Lapsi to Communion by their own Authority without consulting him, and in writing to him had pretended to write in the name of the Church. After he had said that the power of Binding and Loosing was committed to the Apostles, he subjoins, Inde per temporum & successionum vices, Episcoporum ordinatio, & Ecclesiæ ratio decurrit, ut Ecclesia super Episcopos constituatur: & omnes actus Ecclesiæ per eosdem actus gubernetur. Cum hoc itaque Divinâ lege fundatum sit, miror quosdam audaci temeritate, &c. He briskly asserts the Authority of Bishops; he tells 'em that the Church consists in the Bishop, the Clergy and the People; and that in the Receiving of the Lapsi into the Church, it was necessary there should be the concurrence of the Bishop who had the power committed to him of Binding and Loosing. 5. That it is an extream Insolence to pretend to pass judgment on a Bishop. This he says with relation to private Persons, who pretend so to judge their Bishop as to leave his Communion if they think him unworthy to govern in the Church. Inde enim Schismata & Hæreses obortæ sunt & oriuntur, dum Episcopus, qui unus est, & Ecclesiæ præest, superbâ quorundam præsumptione contemnitur, & homo dignatione Dei honoratus, indignus ab hominibus judicatur. Quis enim hic est superbiæ tumor, quæ arrogantiæ animi, quæ mentis inflatio ad cognitionem suam Præpositos ac Sacerdotes vocare; ac nisi apud te purgati fuerimus, & sententiâ tuâ absoluti, ecce jam sex annis, nec Fraternitas habuerit Episcopum, nec Plebs Præpositum, nec grex Pastorem, nec Ecclesia Gubernatorem, nec Christus Antistitem, nec Deus Sacerdotem? &c. Ep. 66. He writes it to Pupianus a Confessor, who upon the account of some very ill things which St. Cyprian's Adversaries had maliciously accus'd him off, as committed before he was a Bishop, had withdrawn himself from his Communion. 6. That to make ones self the Judge of a Bishop is to pretend to judge God himself. What he has to this purpose, is in the foresaid Epistle to Pupianus, and upon the foresaid occasion. He tells him that God, who, according to the Scripture, extends his Providence even to Sparrows, does in a particular manner concern himself in the Election of a Bishop, and therefore since himself was duly Elected, Pupianus took upon him to oppose the Judgment of God, in pretending to judge him unworthy. Lastly, That a Bishop that invades another's See is no Bishop. Et cum post primum secundus esse non possit, quisquis post unum qui solus esse debeat, factus est; non jam secundus ille, sed nullus est. Ep. 55. Ad Anton. What is this to our Case? He speaks those words concerning Novatianus, who had violently invaded the See of Pope Cornelius, a good and innocent Man, one that had never been Depriv'd for any Fault, and who never refus'd to acknowledge the Emperour's Authority. Our new Bishops are not secundi, but soli, since the old Ones are Legally Depriv'd. I must here observe, that among all the Fathers there is no one speaks more for the Concurrence and Consent of the Laity in Matters relating to the ordering and governing of the Church, than our Author St. Cyprian. He declares in many places, that he would not do any thing in this or that Matter relating to the Church, till he had consulted both his Clergy and Laity, as particularly in the Case of the Lapsi. And he thinks it not onely convenient, but necessary for a Bishop to do so. For He, together with his Synod, call See Epist. 64. Therapius, a Bishop, to account, and severely reprimand him, for presuming to admit into the Church a Presbyter, that had laps'd, without the Consent of the Laity, From this Example it is further observable, that, tho St. Cyprian speaks so much for the Equality of Bishops, and that they are not responsable to one another for what they do as Bishops, as in the Case of the Lapsi; yet neither his own, nor the general practice of his Age, did truly agree with what he says. By what Authority did St. Cyprian, and his Synod, pretend to call Therapius to account, a Bishop as well as themselves? How could they pretend to have Power to turn that Presbyter again out of the Church, as they plainly intimate they had? They deriv'd, you will say, this Authority from the Consent of the Church. So Patriarchs, Metropolitans, ArchBishops are set over Bishops by the Consent of the Church, tho' by Christ's Institution all Bishops are equal. Query, Whether the Consent of the Church of England (were there nothing else to be alleg'd) be not enough to justify a Lay-Deprivation? If a Patriarch or Metropolitan can Deprive a Bishop by the Authority of the Church, why may not a Lay-Judge do the like? I shall close this Discourse concerning the Authority of that Father, with that Question or Expostulation which I find in St. Augustine his 48. Ep. to Vincentius, the Rogatist, (a Sect of the Schismatical Donatists) who had laid a great deal of Stress on the Authority of that Father for the Doctrin of Re-Baptism: If you are delighted, says he, (and so say I to our Adversaries) with the Authority of the holy Bishop, and glorious Martyr Cyprianus, which we do not hold to be equal to the Authority of Scripture, why do you not imitate him in this, that he held Communion with the Catholick Church spread over all the world, and defended the Unity of it by his Writings? In the same Epistle having quoted that place of St. Cyprian where he praises those African Bishops that refus'd to re-admit Adulterers into the Church, yet did not break the Peace of the Church, and separate from those that were of a different Opinion, he adds, what likewise we may well say to our Quoters of St. Cyprian: What say you to this, Brother Vincentius? You see that this Man, this peaceful Bishop, and most valiant Martyr, was not more concern'd for any thing, than least the bond of Unity should be broken. As the Authority of the Civil Power, of which we have hitherto spoken, Is agreeable to Principles and Reason, so likewise is it to the Practice and Sentiments of the antient Church. To make this appear, and to put an End, if it be possible, to this Controversy, I shall present you, when occasion is given, with A History of that Authority, (viz. of the Civil Power over Ecclesiastical Persons, as well in Depriving as in otherwise punishing) throughout all ages, more especially that of the first Christian Emperour. I shall treat concerning that Matter with all the Fairness and Impartiality that becomes a faithful Historian, and a real Lover of Truth, concealing nothing that may seem to make for the Cause of our Adversaries. Yet this I shall demonstrat, that, tho in the time of Constantius some persecuted Bishops were pleas'd to deny that the Emperour had any Authority at all over Bishops, yet the Emperour Constantine himself (so great a Lover and Honorer of Bishops as he was) and likewise the succeeding Orthodox Emperours, did oftentimes Judge and Deprive Bishops by their own bare Authority: That the Church in the time of that Emperour, as well as in after Ages, submitted to and acknowledg'd that Authority: That those Ecclesiastical Canons which ordain that Bishops (even for Political Crimes) are to be depriv'd onely by Bishops, did never oblige any Secular Government, but as they were allow'd off, and so made Laws, by that Government. I could willingly give you a Foretast of a few illustrious Examples of Bishops depriv'd by the Emperour's sole Authority, and the Church's owning and acknowledging that Authority; but I find I have already exceeded what first I design'd on this Subject, and have done like a great many others, who, designing onely a Lodge, have been in danger of building 'em a Seat. I shall now proceed to the second general Proposition which our Adversaries are desir'd to make out, which is this, 2. That it is agreeable to the Practice of the Ancient Christians, for a Bishop unjustly depos'd (whether by the Emperour, or by Bishops) to withdraw himself from the Communion of his Successor tho' his Successor were not a Heretick. Let this be their Proposition: If they prove not that, they prove nothing. And the contrary is plainly demonstrated in our Treatise. There are Two things, you tell me, besides the Canons above spoken off, which our Adversaries are wont to allege in Answer to that Treatise. They First endeavour to weaken the Authority of it, and Secondly they pretend that the Examples which it produces, are all of Bishops Synodically depriv'd, and therefore not to our Purpose. In answer to this second Exception, I shall undertake to demonstrat these Two things. 1. That the Ancients had no greater regard to an unjust Synodical Deprivation, than they had to an unjust Imperial Deprivation. 2. That several of those Bishops that are mention'd in our Treatise, were not Depriv'd Synodically, or by Bishops, but by the Emperour's sole Power and Authority. Neither did they resign their Bishopricks, but were violently turn'd out. As for the Objections of our Adversaries against the Authority of our Treatise, tho' I know not of any Treatise of that age and nature that deserves to be more esteem'd, yet to wave all impertinent Disputes, and to shew that what we assert is not grounded on that onely Bottom; we will fairly make 'em this Offer: We will lay aside, if they please, the Authority of that Treatise, and enter the Lists with new Weapons. This is the Proposition we shall take upon us to demonstrat: That its contrary to the general Practice of the ancient Bishops, to recede, upon their being unjustly Depriv'd whether by the Emperour onely or by a Synod, from the Communion of an Orthodox Successor. I say, the general Practice: That's enough for us to demonstrat. For what if our Adversaries can produce us one or two Exceptions? How will that excuse Bishops who have always profest a great and due regard for the general Practice of the Ancients. I must not conclude before I have told you, as I promis'd you, what Schism that was which was rais'd upon the account of Josephus the Presbyter, which, as appears by Cotelerius's Copy, was the occasion of the writing our Treatise. You must know, Sir, in short, that in the Year 1266. Arsenius the Patr. of CP. was depos'd by a Synod, whereof the Emp. Michael Palæologus sat President, partly for certain Crimes of which he was accus'd, but chiefly for Contumacy in refusing to give his Appearance. He knew that the Emperour was his Enemy, and therefore he pleaded that 'twas contrary to the Canons for Him to sit Judge in the Cause of a Bishop. The Synod (a very great one) both acknowledg'd, and asserted the Emperour's Authority, and alledg'd, it was agreeable both to Reason and the Practice of the Ancients. Germanus Bishop of Adrianople, who was put into Arsenius's Place, resigning after a few Months, Josephus, the Emperour's Confessor and an Abbot, was advanc'd to that Honour. Hence arose a famous Schism amongst the Monks and the Common-people, some adhering to Arsenius, as unjustly Depriv'd, others being averse to Josephus because they lookt upon him to have been formerly Excommunicated by Arsenius and not yet Absolv'd, and others pretending other Reasons. I said, Amongst the Monks and Common-people; for Pachymeres assures us, tho' a Friend and Well-wisher to Arsenius, that in all the Church there were but Three Bishops that engag'd in the Schism, viz. those of Alexandria, Thessalonica and Sardis. Of whom, the two last were the especial Friends and Creatures of Arsenius. Neither did those Bishops make a Schism because another Bishop was put into Arsenius's Place, whilst he was alive; for they presently began it, as it plainly appears from Pachymeres, as soon as Arsenius was depriv'd, before his Place was fill'd up; that is, they withdrew from the Communion (not of the Church in general, but onely) of those Bishops that Depriv'd Him: so Pachymeres expressly says of the Bishop of Alexandria. Those Persons that refus'd to Communicate with Josephus upon the Account of Arsenius's Deprivation, the Author of our Treatise endeavours to convince, by shewing by many Examples of Bishops unjustly Depriv'd, part of them by Synods, and part by the Emperour alone, how contrary it was to the Practice of the Ancients to violate the Peace of the Church on the account of such unjust or uncanonical Deprivations. Being now assur'd what Schism that was, that occasion'd the writing of our Treatise, we cannot any longer be ignorant of the true Age of the Author. It cannot reasonably be doubted, but that our Treatise was written about the beginning of the Schism, and of Josephus's Patriarchate, viz. in the Year 1267. for Josephus was consecrated Patriarch the First of January 1266/7 as may easily be shewn, tho' Petrus Possinus would have it to be a Year later. This at least is apparent, that 'twas writ before the death of Arsenius which happen'd on the last of Sept. 1273. for it plainly appears from the Treatise, that the Patriarch, for whose sake the Schism was rais'd, was alive when the Treatise was writ. It may further be gather'd out of the Sixth Book of Nicephorus Gregoras, that this Schism lasted no longer than the Year 1275. for he tells us the manner how it was ended, just after he had spoken of Gregorius (Georgius) Cyprius's being promoted to the Patriarchate, and before he speaks of the Patriarch Veccus's Banishment; which happen'd both on the foresaid Year. Here, Sir, I must retract what I formerly conjectur'd (tho very doubtingly) in my Preface to the Gr. and Lat. Edition, concerning Nicephorus Callisti his being the Author of our Treatise. For from what has been said it is manifest, that the Author of our Treatise was older than Nicephorus Callisti. For Nicephorus was not full 36. Years old when he publisht his Eccl. History, and yet when he publisht it, Andronicus the Emperour (Son to the abovesaid Michael Pal.) who died in the Year 1327. near 70. Years of Age, was a very old Man, as he plainly declares in his Itaque longissimam etiam tibi vitam (ees to mēkiston soi to biōsimon prosgenesthai) quâ bona omnia, pro eo atque decuit, omnino in unum collegeris, obtigisse existimo: ut ex temporis diuturnitate ad incrementum gloriæ hoc tibi accederet , &c. p. 20. There is mention made before p. 7 of the anthos tēs hōras of the Emperour, which the Interpreter renders, ætatis flos & vigor. But that's a mistake: he ought to have render'd it there, flos venustatis. The Author flatters the old Emp. and tells him of the Symmetry of his Parts, and his florid Complexion. Dedication. There needs no Argument to confirm so clear a Demonstration. Yet others may be produc'd, as that which we our selves formerly urg'd in the foresaid Preface, as an Objection against the Conjecture we had made; that the Author of our Treatise ranks the Patriarchs of CP. that govern'd in the time of the Emp. Isaacius Angelus, in this Order; Basilius, Nicetas, Leontius, Dositheus, Xiphilinus: But Nicephorus, in a MS. Catalogue of the Patriarchs of CP. thus: Basilius, Nicetas, Dositheus, Leontius, Dositheus agen, Xiphilinus. To which may be added, that the Predecessor of Macedonius, that was depos'd by the Emp. Anastasius, is by Nicephorus both in his Catalogue and his Hist. nam'd Euphemius (as the more ancient Writers are wont to call him) but by the Author of our Treatise, Euthymius. I once thought that this was onely an Error of the Librarian, tho he be so call'd in Three places; but since I have observ'd, that by the more Modern Greeks he was usually so nam'd. He is so call'd likewise by Cedrenus, Metaphrastes, Theophanes, the Eighth General Council Act. VI. and by others. I was here, Sir, about to subscribe a Vale, and I thought on nothing but to ease you of your poring on an ill Hand, and on sending away these Papers to the Coach; But casting my Eyes a Second time on your Letter, I found that through Hast I had overlookt your Postscript, in which you mention an Empty and Scurrilous Pamphlet, call'd, The Oxford Antiquity Examin'd, and are pleas'd to ask me this Question, whether or no I design to Answer it? I do not wonder, Sir, you should so far forget that Pamphlet, when you wrote your Letter, as to throw it down to a Postscript, I rather wonder you should ever mind it at all, but above all I wonder, how you came to be so far forgetful of the Humour of your old Acquaintance, as to ask me that Question. How often have you heard me say, That I hate to strike on a Thing that is Hollow and Empty, which can onely return Noise! The Author of that Pamphlet is too much a Felo de se to need the Hand of an Adversary. How excellently does he infer from one or two Mistakes, which he endeavours to discover in our Treatise, that all the rest is nothing but Error and Blunder! An incomparable Ergo! A rare Logician! How pleasant is it to observe to what sorry Shifts our Second-Hand-Writer is reduc'd where he speaks of the Authority of St. Chrysostom! But I must not say, How pleasant: It moves Pity in one, to see to what Pain he is put by that Weight that lies upon his Head, what Turns and Twists he makes; how the poor Creature wrigles and tosses his Tail up and down; And all to as little purpose as a Bird on a Lime-twig, the more it flutters the more it is caught. No wonder he is so hugely in Wrath, and falls so foul upon the Publisher, and even the Licenser of that Treatise. Here it comes into my Head what a Friend of ours said, when I shew'd him some Libellous Letters, which have very freely been sent me; Bless us! says he, What a Bawling here is, what a Squaling and Calling of Names, when a Person has been soundly Brusht! From the scurrilous Writers let us pass, Sir, if you please, to the scurrilous No-Writers, those Masters of Reflection and Censure, who, you say, are so free upon this Occasion with the Name and Reputation of your Friend. I thank you, Sir, for that good Advice which you give me: But here agen I must blame you, for forgetting me so far, as to fear I may be capable of being disturb'd by the Insults of Adversaries. Can you think me so Pusillanimous, as to have Regard to those ta ouk eph'hēmin? Let me tell ye, my dearest Friend, I shall think my self very unhappy, and but a very mean Proficient in Philosophy, when any Abuses or Detractions, of either the Angry or the Envious, can so much move me as to turn me any way from my Duty. 'Tis a brisk Saying, you know, of Gaulminus, Scio & mereri & ferre invidiam: The Mereri, I have nothing to say to, I leave that to Gaulminus, and the rest of his Fellow-Pretenders; but the Ferre, I my self pretend to. Be pleas'd to tell my Encomiasts, when you hear any of 'em Harangue, that I never thought the World so much a Utopia, as not to expect their Elogiums. May they long and freely enjoy their own Humours, as I am resolv'd to enjoy Mine. But withal let 'em know, that, by way of Return, I have something for Them full as hot as those Coals of Fire, which our great and common Master has commanded me to heap upon their Heads. To be short, Sir, give 'em my Service, and tell 'em they have the Prayers of Your Humble Servant.

Religion

A LETTER FROM Mr. HUMPHRY HODY, TO A FRIEND. Concerning a Collection of Canons, said to be deceitfully Omitted by him, in his Edition of the Oxford Treatise against SCHISM.

A letter from Mr. Humphrey Hody [...] concerning a collection of canons said to be deceitfully omitted in his edition of the Oxford treatise against schism [...]

RelB1701

THis Question may easily be resolved, by considering the Office or Duty of Godfathers and Godmothers; and we shall understand that better, if we first briefly consider the nature of Baptism. Now Baptism is the admission of a Person into the Covenant of the Gospel; and as in all Covenants there are Parties, who mutually stipulate; so in this the Parties are, Almighty God, who graciously condescends, to admit his Creature into this Covenant with him, and on his part confers on him the great benefits of it: And the Person to be baptised, who on the other side engages to perform all the Conditions of it. But because God doth not visibly act in his Church, but by the Ministry of Men, the Priest by Commission from him, acts in his Name; and because Children by reason of their tender age cannot act for themselves, they especially have Godfathers and Godmothers appointed by the Church. First then, Godfathers and Godmothers are appointed by the Vid. Rubrick before the the the Office of baptism, and the 29th Canon. Accommodat illis Mater Ecclesia, aliorum pedes, ut veniant, aliorum Cor, ut credant, aliorum linguam, ut stipulent. Aug. Serm. 10. de verb. Apostol. Offeruntur quippe Parvuli ad percipiendum Spiritualem gratiam non tam eis, quorum gestuntur manibus, si ipsi boni fideles sunt, quam ab universa societate sanctorum atque fidelium. Aug. Kp. 23. Church: Which shews that Schismaticks are not to be received; because the Church can never be suppos'd to have appointed them. For they having broken off their relation to her, and ceasing to be her Members, she hath no more to do with them, unless it be to endeavour to reduce them into her bosom by earnest Exhortations, or by charitable Censures; but she never calls them to any Office, or commits any trust to them, till they are restored; and if any of her Priests doth it, he exceeds his Commission, and is accountable to her, as will farther appear, if we consider those ends for which Sureties are appointed. 1st. To It is to the Godfathers and Godmothers that the Priest saith, Ye have brought this Child here to be baptized, as bas you may see in the Rubrick Rurick . And they are called ō prospherontes by the Author of Respons. ad Orthodoxos. present them to Baptism, that is, to be admitted into the Christian Society. But are those Persons who have themselves revolted from this Society, proper to present others to be admitted into it? At least can any Man believe that this Society would ever appoint them? 2dly. To stipulate with God and his Church for the performance of the conditions of this Covenant. This Contract always was, and is still made in a very solemn manner, by Question and Answer, according to the ancient forms of stipulation, as may be seen in the Office, and for this reason Godfathers and Godmothers were call'd anadochoi by the Greeks, Sponsores, susceptores, and fide jussores by the Latins, and Sureties by our Church in her Catechism. And St. Austin in one of his Sermons tells all Godfathers and Godmothers, Quicunq; viri, quæcunq; mulieres de sacro fonte filios spiritualiter exceperunt, cognoscant se pro ipsis fidejussores apud Deum extitisse. Serm. de Temp. 116. that they were Sureties to God for their Godchildren. Now, the conditions for the performance of which they are Sureties, are in three words, Repentance, Faith, and Obedience. To pass over the first of these conditions, and come to Faith, which is the second. How can a Priest admit a Schismatick to be a Surety to God and his Church for the Child's Faith, whom he knows to err (practically) at least in two great Articles of it, The Holy Catholick Church, and The Communion of Saints: Especially since, as an ancient Author saith, Axiountai tōn dia tou Baptismatos agathōn ta brephē tē pistei tōn prospherontōn Resp. ad Orthod. Q. 56. Children are esteemed worthy of the benefits of Baptism, for the Faith of those that present them to it. The Priest however demands whether he believes these Articles, as well as the rest, and he answers that he stedfastly believes them all; and yet it is evident that the Question understands them in one Sense, and the Answer is made in another; for, the Church, and her Minister, who puts the Question, understand them in the Catholick Sense, and the Schismatick answers in his own, that is, according to the Principles of his Schism. And if the Priest explain'd the Questions according to the Doctrine of the Church, and then put them to the Godfather, he must change his Answer, and say, All these I do not stedfastly believe, and Præterea inutilis est stipulatio si quis, ad ea quæ interrogatus fuerit, non respondeat. Justin. Instit. I. 3. Tit. 20. Sect. 5. then the Priest could proceed no farther till better Sureties are found, or he must use the Office of private Baptism. But are not actions, at least solemn solenm ones, as significant as words; and do not Mens Practices as certainly discover their Sense as their Declarations. However, if his Faith may pass unquestion'd, it is certain, he can give no Security for the performance of the third condition, Obedience to all God's Commandments. And not to repeat the absurdity that arises from the different Senses in which the question is put, and the answer made, the contradiction of which is more evident with respect to some of the Commandments, than any of the Articles of Faith, not to repeat this, I say, barely to relate this procedure, is enough to condemn it. Here a Priest admits one a Surety, for anothers obedience to God's Commandments, who lives himself in an avow'd violation of several of them; of the fifth, which according to our Church's Interpretation enjoins submission to our Spiritual Pastors; and all those other Commands of the Gospel which require Christians to live in Unity, to avoid Divisions; to obey them that have the Rule over them in the Lord, &c. He takes however, Security that the Child shall be subject to his spiritual Pastors, from a Person who disowns them. That he shall be educated in the unity of the Church, and the right Communion, from one, who by the Principles of his own Practice is engag'd to educate him in the wrong. Doth it become a faithful Steward of the Mysteries of Christ, to dispense them with so little caution, and to take such, which is no security, that they shall not be abused? 3dly. Godfathers and Godmothers are appointed by the Church, to take care of the Childs Instruction and Education in the Christian Religion, according to the obligation of his Baptismal Vow. The Author of the Ecclesiastical Hierarchy, who is ancient, though not Dionysius the Areopagite, saith that the Child is is is deliver'd to the Godfæther as anathō ta Theia paidagōgō Eccl. Hierar. c. 7. to a Master or Instructor in Divine things. And our holy Mother the Church, in her See the Exhortation in close of the Office of baptism. St. Austin. Serm. dei Temp. 115. Ideo tam illos qui de vobis nati sunt, quam illos quos de fonte excipistis, castigate atq; corrigite, ut castè, ut justè, ut sobrie vivant. Synhod Moguntin. can. 47. Jubentur compatres Spiritales filiolos suos Catholicè instruere. Exhortation to the Godfather and Godmother, solemnly commits the Baptized Child to their charge and instruction. It is your parts and duties to see that this Infant be taught as soon as he shall be able to learn what a solemn Vow, Promise and Profession he hath here made by you. And that he may know these things the better, ye shall call upon him to hear Sermons, and chiefly ye shall provide that he may learn the Creed, the Lord's Prayer, and the Ten Commandments in the Vulgar Tongue, and all other things which a Christian ought to know and believe to his Soul's Health, &c. Ye are to take care that this Child be brought to the Bishop to be confirm'd by him, &c. Not to ask here whose Sermons the Priest directs them to, and whose Sermons he believes the Godfathers will call upon him to hear: By what Bishop the one wou'd have him Confirm'd: And to what Bishop the other will carry him, or whether to any: Not to put such questions as these It is certain in the mean time, that the Church here commits the Child to the Godfather and Godmother, with a charge that he learn the fore-mentioned Particulars, and all other things which a Christian ought onght to know and believe to his Souls Health. Now, that he is to be subject to that Authority that Christ hath established in his Church; that he is to adhere to the Communion of the Lawful Governours and Pastors of it; That he is to keep Christian Unity, and avoid Schism, are some of those things which a Christian ought to know and believe to his Soul's Health. But are these things to be learnt in Schism? Or hath the Church appointed Schismaticks to be her Childrens Guides to the right Communion? And if she hath not, by what Authority doth her Presbyters commit them to these Instructors? With respect to these two Conditions of the Baptismal Covenant I might observe, that none that I ever heard of, thought a Heretick fit to be a Godfather to a Child. For what reason? Because he can be no Surety for the Child's Faith: And with as much reason ought he to exclude a Schismatick, because he can be no Surety for the Child's Education in the Right Communion, which is included in the third condition of this Covenant as well as the belief of any Article of Faith is in the second: And therefore to be in Catholick Communion, hath always been held necessary, as well as to profess the Orthodox Faith; and Schism was ever look'd upon to be dangerous to the Souls of Men, as well as Heresie. And if any Man doubts of this, he might easily be convinced, but for the present: let him remember that the Church equally prays to be delivered from both. From all false Doctrine, Heresie, and Schism, Good Lord deliver us. Before I conclude, I will consider the Reasons that may be given for admitting Schismaticks to this Office. 1st. They seem to imagine that Godfathers and Godmothers in a Christian Country are only a Formality; Or, 2dly, If they are more, that the Church hath by no Canon forbid Schismaticks to be admitted; And 3dly, That sometimes others are not to be got. As to the first: It is certain Godfathers and Godmothers were never instituted as a Formality, but for those great and weighty Ends before mentioned; and if some Parents chuse them as if they were, it is a Presbyter's Duty to correct their Mistake, and not by a criminal compliance to confirm them in it. But for the Ministers of this Sacred Contract, which is made in such obligatory terms, and in so solemn a manner, to look upon it, after all, as a matter of meer Form, is to say, that they egregiously trifle, when they are acting in the most serious manner in the World. 2dly. Godfathers and Godmothers are not required by our Church only ouly but it is a Practice, which hath hath hath the consent of the whole Church of God in all Ages. We find them in Lib. de bapt. Cap. c. 6. & 18. Tertullian who lived in part of the Age next to the Apostles, and wrote in the beginning of the following, and he speaks of them in a manner that shews the practice was general then: and if it was general so early, and hath the universal consent of the Church in all succeding Ages, it may very well be resolved into an Apostolical Tradition according to the known Rule of St. Austin. Quod universa tenet Ecclesia, nec conciliis constitutum, sed semper retentum est, non nisi Authoritate Apostolica, traditum rectissimè creditur. What is held by the Universal Church, and hath not been established by Councils, but hath been always retain'd, is most justly esteemed to have been deliver'd by Apostolical Authority. As to that part of the Argument that would take off the necessity of Godfathers and Godmothers, because we do not live amongst Heathens, I shall only say, That whilst we live among Deists, Hereticks, and Schismaticks, the Church hath but too great reason to require Security for those she Baptizes. Nay, were all Men Christians, and were all Christians of one Faith and one Communion, as long as there is so great danger from those constant Enemies, the Flesh, the World, and the Devil, which are renounc'd in Baptism, and is the first condition of it, she hath still reason enough to require Sureties to preserve the Child from those fatal Enemies, and secure, as much as in them lies, his Christian and Vertuous Education. Nor is the Surety's Duty superseded by the Parents Care, it is of good use, even where the Parents discharge their Duty: But because That is still contingent, This Provision will be always necessary against the Death, or long Absence, the Apostacy, or negligence of Parents. And though, I doubt not but great numbers owe their Christian Knowledge and Vertue, next the Grace of God, to their Surety's Care of their Education; yet if but one Person hath been secur'd thereby, so invaluable is the Salvation of one Soul; it was a happy institution, and worth the observance of so many Ages. 3dly. To suppose that Sureties in Baptism are only a Formality, is to give the Anabaptists a greater advantage than their Cause could ever have afforded them. For their chief objection against the Baptism of Infants, is, that they cannot perform the Conditions, &c. Which objection is therefore propos'd in these questions of our Catechism; Why then are Infants baptiz'd when by reason of their tender Age they cannot perform the Conditions required of Persons, that come to be Baptiz'd? Which the Church answers; Because they promise them by their Sureties, which Promise when they come to Age, themselves are bound to perform. But now, to say that Sureties are only a Formality (and I may add, to admit Schismaticks for Sureties) destroys the Church's Answer, and leaves Infantbaptism under the force of the Adversary's Objection. Whereas were there a Religious Care taken by Parents in the choice, and by the Minsters of Religion in the admission of Sureties; and in consequence of that, a conscientious discharge of the Sureties Duties, in seeing that the Child be educated in all Christian Knowledge and Vertue: It would not only justifie the Church's Answer, but also be one of the most effectual means to revive Christianity amongst us, to reform in some measure the present, and give us greater hopes of the next Generation. As to the second Argument. That Schismaticks are not by any Canon excluded from being Godfathers and Godmothers. Supposing this is true; I answer, That if to admit them perverts the design of the Institution, and gives the Church no Security; this is a sufficient bar to their admission, without any positive Prohibition; for, to pervert all the ends of a Law, is much more than barely to clash with the Letter of it. Besides, were it a good Argument that Schismaticks might be admitted because they are not excluded by name, it would follow, that Hereticks might be admitted, for they are not particularly excluded; nay, Jews and Mahometans too, for neither are they excluded by name; so that this Argument proves too much, and therefore proves nothing at all. Indeed, some things are not forbidden by Laws, because they are so absurd in themselves, that it was never suppos'd they would be practiced. But, 2dly. If the Letter of the Canon doth not, the constant Practice of the Church, which hath the force of a Law, and is ever the best Interpreter of her Laws, hath excluded them: For this holds in the Christian as well as the civil Society, where Use is sufficient (as we are taught in Justinian's Institutions) to introduce a Law without Writing for continued Customs, approved by the consent of those that use them, have the force of Laws. Lib. I. Tit. 2. c. 9. Sine scripto jus venit, quod usus approbavit, nam diuturni mores consensu utentium conprobati, legem imitantur. And we have the reason of it in those words of the great Lawyer Julian. Quid interest suffragio populus voluntatem suam declaret, an rebus ipsis & factis. Upon which Hiraldus, who quotes him, saith, Qui igitur legem condere, idem & consuetudinem quæ pro lege custodiretur, inducere. Hirald. Digres. l. 2. Where is the difference whether the Community declares its will by Suffrages, or by Facts? And if the universal Practice of a Society hath so great force as to become a Law, its Authority is undisputable in the Interpretation of a Law, especially when that interpretation is founded on the reason of it. We have no such custom, nor the Churches of God, was thought by the Apostle, a 1 Cor. c. 11. v. 16. sufficient answer to the Contentious. I need not spend time here to prove that it was not the custom of the ancient Church ever to admit Schismaticks for Sureties. He must be a very great stranger to her Discipline, and her treatment of Schismaticks, that imagines she ever did, and will find his mistake, when he seeks for any Instance of it. But 3dly, To come to our own Church. It seems evident that she designs even by her Canons to exclude them, and to admit no Godfathers, or Godmothers but those who are in full Communion Commnnion with her. The 29th Cannon saith, "None shall be admitted Godfathers and Godmothers who have not been partakers of the Holy Communion: The reason of which Canon I take to be, that the Church may be assured that those who undertake this Charge be of competent understanding in the Christian Religion, and in full Communion with her. And by the next Canon but one before that, she repels all Schismaticks from the Table of the Lord. By the 29th Canon then, none who are not capable of the Holy Communion are capable of being Godfathers or Godmothers: But by the 27th Canon, no Schismaticks are capable of the Holy Communion; therefore no Schismaticks are capable of being Godfathers or Godmothers. As for the last Argument, that, when other Sureties cannot be got, they must take Schismaticks or they cannot Baptize the Child. It is certain that Baptism must not be delayed long; the Church doth not allow it, the hazard of the Child will not permit it. But must they therefore take Schismaticks for Sureties? I answer, No. For, this is a case which can never happen but in such exigences, as are caused by Voyages, War, Pestilence, or Persecution. And then they must Baptize with two, or with one, if no more can be got, which hath been sometimes anciently practiced. But what if none can be procured? It is a case of necessity, and the Church hath provided the Office of Private Baptism for it. I conclude with that excellent Petition of our Liturgy. Give Grace, O Heavenly Father, to all Bishops and Curates, that they may both by their Life and Doctrine set forth thy true and lively Word, and rightly and duly administer thy Holy Sacraments. Amen.

Religion

Qu. May a Priest admit a Person in Schism, to be Godfather, or Godmother to a Child?

The case of sureties in baptism

RelB1718

AFTER a dull Piece of Insipid Railery, which I have in the Preface consider'd, the Author of the Flying-Post begins his Argument, with an Accusation of me for not having read my Lord of Bangor with sufficient Attention; by which means he thinks I have mistaken the State of the Question. The Religion in Debate, it seems, is not now any other, than the Christian Religion alone, as revealed in the New Testament: Though it was thought by the Generality, that the Dispute had been about Religion in general. If I have indeed mistaken my Lord of Bangor's Meaning, I am not the only Person by many Hundreds, that have been obnoxious to this Mistake. Neither shall I have much Cause to blush, if affected Obscurity, and a studied Darkness have been too thick for a Female Eye to pierce through. However I shall (as others have been forc'd to do in this Controversy already) trace him through this other Meaning; and prove, that by this Change of the Point in Dispute, he has been so far from gaining any thing, that he has only brought himself to a Ne plus ultra, where it is impossible for him to avoid owning his Meaning, and as impossible to defend it. This will be sufficiently perform'd, by proving, that even in the Christian Religion; as reveal'd in the New-Testament, the Hopes and Fears of another World, are not the only Motives, that render our Actions Religious. But before I enter on the Proof of this, I think it proper to vindicate my Instances of the Jews, Ninevites and Sadducees, from the strange Misrepresentations of the Author of the Flying-Post. He in a preposterous manner chuses to begin with the End of my Letter, and take my last Instance first; and because he shall not accuse me of beginning with the End of his Answer, I shall for once comply with him so far, as to follow that Order. In his ninth Page he says, that the Ninevites believed and repented upon what God had revealed to them by the Mouth of Jonas; and that the natural Inference from this is, that Christians must also believe as much as they are taught. Now if it be once made evident, (as I shall fully prove it is in the Sequel of this Discourse,) that Christians have the Motives of Joy and Misery in this World, as well as in the next, propos'd to excite them to Obedience; this Argument will prove, that Christians, who say, the Hopes and Fears of another World are the sole Principle, from whence Religious Actions flow, do not believe as much as they are taught, and consequently are not so truly Religious as the Ninevites. But, says the Pamphleteer, Pag. 10. It does not appear from the Text, that the Ninevites were not afraid of losing their Souls, as well as their Bodies and Houses. But, pray, does it appear that they were? If not, let the Silence of the Scripture in that particular, be a sufficient Proof, that it is a meer Chimæra of his own Brain. In such Points, Idem est non esse & non apparere: Where there is no Text to prove a Notion, that negative Argument is a full Confutation of it; though no positive Words of Scripture can be produc'd, that expresly deny it. There is no Text of Scripture, which says in express Words, that there is no Purgatory; yet all Protestants think that ridiculous Notion abundantly refuted by the Silence of Scripture on that Head, and the Insufficiency of those Texts alledg'd by the Papists to prove it. Besides, all this Scribler aims at, is, to shew a bare Possibility of the Ninevites believing a Future State. I shall therefore put him in Mind of an old Metaphysical Maxim; A Posse ad Esse non valet Argumentum : That is, in plain English, an Argument drawn from the Possibility of a Thing's Existence to its actual Existence, is inconclusive. What is more ridiculous, than to argue thus? It is possible that London may be burnt down to Morrow? Therefore it will be actually burnt down. It is possible, that the Thames may overflow, and drown the City; therefore it does so. What can be more absurd and nauseous than this? Yet of this Kind are the trifling Cavils of this paultry Scribler. But at last he has found an Argument, which he triumphs in, and which, he thinks, proves, that they actually believed a Future State: And that is, that Nineveh was founded by Noah's immediate Posterity; who being a Preacher of Righteousness, we have Reason to believe, taught his Posterity the same Faith he entertain'd himself. Ah! Unhappy Sophister! Was there no Argument but this; which if it prove any thing, will equally prove, that no Man ever disbelieved a Future State? Are not all Mankind equally descended from Noah? If their being his Posterity proves, that they retain the same Faith, which he entertain'd; how comes it, that there are so many hundred Heresies in the World; so many Sects and Parties, divided from, and contradictory to each other? Were not the Sadducees descended from Noah? Are not all the Infidels, that ever lived since the Flood, his Posterity? Wherein then lies the Force of this Argument? But perhaps, as a certain Free-Thinker has found out Men before the Flood not descended from Adam, so you may have made a Discovery of Men after the Flood not descended from Noah. To do you Justice, Sir, I must own, that the Stress of your Argument lies in their being Noah's immediate Posterity; by which you insinuate, that the Tradition of his Faith, could not be so soon wholly obliterated. To this I reply, that it still remains to be proved, that that Tradition in succeeding Generations was preserved uncorrupted, even till the Time of Jonas. The contrary may with great Reason be inferr'd from the Fate of that Tradition, even in the Posterity of Shem, the Father of Ashur, Founder of Nineveh; whom for his eminent Vertue and Piety, some mistaken Commentators will needs have to be Melchisedech, King of Salem. Now we find in the ninth Generation from him, his Posterity had so far deviated from the Faith, that they not only disbelieved a Future State; but were ignorant of the True God, and followed Idols: Insomuch that when God reveal'd himself to Abraham, he call'd him out from his Idolatrous Country and Kindred, and separated him from the Danger of being infected by their Contagion. Was not Nimrod the great Grandson of Noah, the Head of that Rebellious Crew, who in Defiance of the Almighty, projected the building a Tower whose Top might reach to Heaven; thereby thinking to secure themselves from the Danger of another Flood in this World, which if they could effect, they stood in no Awe of any Flames in the next? Where now was this uncorrupted Tradition? What, quite lost and eras'd in the third Generation from Noah? How can it then be thought probable, that it should descend pure and entire to so distant an Age, as that in which the Prophet Jonas liv'd? Even after the giving of the Law, we find the Scriptures of the Old Testament, tho' in the Hands of the Sadducees did not secure them from the Disbelief of a Future State: And where a written Rule of Faith has fail'd, how much more insufficient will a Traditional one be? This may serve also for an Answer to your Argument, Pag. 16. where you conclude from Job's Belief of a Future State, that it cannot be prov'd the Ninevites disbelieved it. For tho' it were ever so evident, that the Doctrine of a Future State was preserved pure and entire in the Days of Job, who lived, as all agree, before the giving of the Law; that is no Proof, that it descended in the same Purity to the Co-Temporaries of Jonas, who lived so long after the Law. I might have objected, that divers of the best Commentators, particularly Grotius and Patrick, are of Opinion, that the Words of Job, Ch. xix.25, &c. refer only to that full Assurance he enjoyed of a Deliverance from his present Affliction, and the loathsome Disease, which he then labour'd under. But I am not willing to enter into a needless Dispute: And since the Church of England in her Burial Office has applied this Text to a Future State, I humbly submit my private Judgment to her wise Determination, and to the excellent Reasons of the admirable Bishop Pearson. If the Experience of modern Travellers assures us, that the most barbarous Nations in Asia now believe another World, that is nothing to the Purpose; for that proceeds from the Promulgation of Christianity; some Remains of which, the Learned Dr. Jenkin, in his admirable Treatise of the Excellence and Reasonableness of the Christian Religion, has largely proved to be still preserved in a Multitude of Nations, where the Substance is clouded and lost in Superstition and Infidelity. I come now to his Answer to my Argument from the Sadducees, in which tho' he has been very large, I shall be somewhat brief, because all he has said is little to the Purpose. The Question put to him, on this Head, in my Letter, was; Whether they, who believ'd not a Future State, as the Sadducees did not, upon Supposition of the Truth of the Bishop of Bangor's Notion, have any Obligation to Acts of Religion? This he complains, P. 26. is so ambiguously worded, that he cannot easily fathom my Meaning. I protest, I cannot fathom his; when in order to prove them so, he would interpret them, whether they could think themselves oblig'd to Acts of Religion? Is there one Syllable in my Question about their Thoughts? Is it not ask'd in express Words, whether they have any Obligation to Acts of Religion; not whether they think they have or not? Where then is there any Ambiguity, but of his own Inventing? The Truth is, he finds himself press'd with the Strength of the Argument, and to evade a Reply, pretends it Ambiguous: Yet in the same Paragraph he unluckily stumbles on the true Meaning of the Question; but not being able to answer it, he proves at large a Thing foreign to the Purpose, viz. That the Sadducees were a wicked Generation of Vipers, and denied the Resurrection. The contrary to this, NoBody ever maintain'd; I shall therefore pass over his impertinent Digressions on that Head. The Question is not what the Sadducces were; but what they were obliged to be: Not what Acts of Religion they did perform; but whether it does not follow from the Bishop of Bangor's Notion, that they have no Obligation to perform any? And whether his Notion be not therefore Erroneous? That from the Bishop's Notion, it necessarily follows, that they were oblig'd to no Acts of Religion, I thus prove: No Man is oblig'd by God, to do that, which is impossible: Now, if, as the Bishop says, the Belief of another World is the only Principle, that can render an Action Religious; then to them who believe not a World to come, the doing a religious Act is impossible; because they want that Principle from whence alone, Religious Actions flow; and consequently can no more perform them, than a Bird can fly without those Wings, which Alone enable it to soar from the Earth: Therefore to these impossible Acts of Religion, they who disbelieve a Future State, are not oblig'd. I have here set down the Result of the Bishop's Notion: That of Dr. Sherlock on the contrary, (which makes the Fear of God, whether it have Regard to this or the other World; Love and Gratitude for our Being and Preservation, and all his Temporal Mercies; Principles, from which Religious Actions may flow;) lays on the Sadducees indispensible Obligations to Acts of Religion: whereas they, according to my Lord of Bangor's Doctrine, can be accountable for nothing, but their bare Disbelief of a Resurrection; not for those Religious Acts, which to Men so persuaded, himself affirms to be impossible: And I suppose, he is not ignorant of that universally received Maxim of the Casuists, Impossibilium nulla est Obligatio . In the twelfth Page, something of an Argument is offer'd at, which I would consider, if the Texts quoted mention'd any thing of the Sadducees: But I can find nothing in the whole first Epistle to the Corinthians, that relates to them. If it be objected, that tho' the Persons disputed against in the 15th Chapter of that Epistle, are not the Sadducees; yet the Error there treated of, is the same with that they maintain'd and therefore, that the Argument is still conclusive: I answer, that Mr. or Mrs. Rdth, (for whether I am disputing with the Gentleman, or his Wife, the Weakness of the Argument gives me Cause enough to doubt,) quotes these Texts, to prove, that the Sadducees could not think themselves oblig'd to Acts of Religion; whereas, if he would confute me, he should quote something, which proves them actually under no Obligation to Acts of Religion. I do not think my self oblig'd, when he flies from the Point in Dispute, to follow him to other Topicks, nothing at all to the Purpose. From the Belief of another World being by St. Paul accounted the chief Hope of a Christian, he would infer, that Dr. Sherlock contradicts St. Paul; and then asks, whom I will believe. Truly, Sir, St. Paul; if he indeed contradicts the Doctor. But I desire you to remember, that the Doctor does not exclude the Belief of another World from Religion, nor deny it to be the chief Hope of Christians; but affirms it not to be the Sole Principle, from whence Religious Actions flow: And that St. Paul himself affirms the same, I shall in its proper Place demonstrate. In the mean Time, I shall end this Point, with informing you, that tho' the Faith of Christians in a Future State be, if there be no such State, as to that Point, vain; it does not from thence follow, that there are no Promises in the Gospel, but what relate to a Future State; which was the Thing you ought to have proved. In his Collection from Josephus, Drusius and Scaliger, my Adversary contradicts himself, and gives up the Cause, by owning, that the Sadducees observed the Law, (that is, did such Religious Acts as the Law enjoyns) to enjoy the Temporal Blessings it promis'd, and to escape the Punishments denounced to its Transgressors. Here we have Religious Actions flowing from the Hopes and Fears of this World, and himself confuted by himself. Another Instance of Self-Contradiction in him, is Pag. 10. where he, in answer to my Question about the Sadducees (I suppose ignorantly) owns, that their not believing another World, could not dispense with their Obligations to Acts of Religion. Here he confesses what Dr. Sherlock and I have asserted, and leaves my Lord of Bangor in the Lurch. And yet, poor forgetful Man, he after writes three Pages to prove the contrary. There is an old Proverb about the Necessity of some Persons having a good Memory, which I wish he had given me no Reason for the Application of to himself. Having said a great deal to prove the Sadducees did not think themselves oblig'd to Acts of Religion, my doughty Antagonist thus concludes: ''This is enough to let you see, that the Sadducees could not by their Principles be oblig'd to any Act of Religion.'' This Conclusion is somewhat strange from such Premises, and in Syllogism stands thus: They who think themselves oblig'd to no Acts of Religion, are oblig'd to none. The Sadducees thought themselves oblig'd to no Acts of Religion. Ergo. The Sadducees are oblig'd to none. Whether the Major of this Syllogism be not the Tenet of Deists and Atheists, let every one judge for himself. I shall quit this Head with observing, that it is plain from the Beginning and End of his Argument on this Topick, that he knew the true State of the Question; and as plain, that he constantly avoided speaking to it, because he indeed had nothing to say to the Purpose. It is now plain, that what he has already said, and I have already confuted, can be no Answer to my Quotation from the Proverbs: And that this Don Quixote amuses himself with fancied Conquests. The Text from Solomon remains then still in full Force; and his striving to envince, that the Jews in his Reign were not ignorant of a Future State, is wholly impertinent, because I did not affirm that they were, but that they might do Acts of Religion out of the Hopes and Fears of this, as well as of the other World He would fain puzzle the Controversy, and have it thought, that we exclude the Belief of another World from Religion: Whereas in Truth, we exclude not another World, but oppose his excluding the Promises of This. We take the Promises and Threatnings of both This and the other World into Religion; he excludes those, that relate to this World, and embraces only those, that relate to the other; and therefore his Religion from which one half of God's Threatnings and Promises is excluded, is truly and properly the half-fac'd Religion. Having done with the Bishop's Knight-Errant I shall now come to himself, and state the Question in his own Words. In his Answer to the Committee, Pag. 151. his Lordship says: "We are led by Christ to the firm Assurance of another World: The Belief of which, is what Alone renders our best Actions Religion, as it is the Principle within us, from whence they flow; and from whence, when they do not flow; they cease to be Religion." Here it is affirm'd, that the Belief of another World is what Alone renders our best Actions Religion; which necessarily implies, that the Hopes and Fears of this World are no where propounded by our Saviour, as Motives to Obedience: For if they are, then Actions flowing from the Belief of God's Promises in this World, flow from a Religious Principle. And that we are led by Christ to the Belief of such Promises, is plain from his own Words, Matt. vi.33. Seek ye first the Kingdom of God and his Righteousness, and all these things shall be added unto you. In those Words a Future State in indeed the first and chief Motive, but not as his Lordship affirms, the Sole Motive to Righteousness. Temporal Blessings are expresly promis'd; and because some Persons triumph in the many Warnings our Saviour gives his Disciples of the Persecutions, they must undergo; and think that a strong Proof of a Future State being the Sole Motive to Religious Actions under the Christian Dispensation: I desire it may be consider'd, that Christ, even in the same Sentence, in which he mentions the Case of Persecution, promises his Disciples an Affluence of Temporal Blessings. This appears from Mark x.29,30. And Jesus answered and said, Verily I say unto you, There is no Man, that hath left House, or Brethren, or Sisters, or Father, or Mother, or Wife, or Children, or Lands, for my Sake, and the Gospels; But he shall receive an Hundred-fold now in this Time, Houses, and Brethren, and Sisters, and Mothers, and Children, and Lands, with Persecutions;and in the World to come Eternal Life. Here our Saviour again joyns the Promises of this Life, with those of the next, even when the Case of Persecution was in his Eye: And what can be a more evident Proof, that the Belief of the Promises of another World is not the Sole Principle, from whence Religious Actions in the Christian Dispensation flow; than that the Institutor of that Religion has joyned the Promises of the Blessings of this World to the Promises of those in the next, as Motives to our Obedience. I am sensible it may be look'd on as a Breach of good Manners, and a Piece of the highest Arrogance, for a Woman to contend with a Bishop: I shall therefore chuse to transfer the Controversy from my self to another Bishop, who, when alive, with Christian Zeal oppos'd his Lordship's Notions of Civil Government; and being dead yet speaketh against this his new Definition of Religion. The Person I mean is, the worthy Bishop Blackall of Blessed Memory, from whose sixty sixth Discourse on the Sermon in the Mount, I shall quote what is to any rational Man a sufficient Confutation of the Bishop of Bangor. To prove that Temporal Rewards are promised in the Scripture, as Motives to Acts of Religion; that Pious Prelate quotes the Psalmist's Words: The Eye of the Lord is on them that fear him, upon them that hope in his Mercy; To deliver their Soul from Death, and to keep them alive in Famine, Psal. xxxiii.18,19. And again, Psal. xxxiv.10. The young Lions do lack and suffer Hunger; but they that seek the Lord shall not want any good thing. And again, Psal. xxxvii.18,19. The Lord knoweth the Days of the Upright, and their Inheritance shall be for ever. They shall not be ashamed in the evil Time, and in the Days of Famine they shall be satisfy'd. "These, says that good Bishop, some may say are Old Testament Promises, and so do not belong to us: But let it be consider'd, that God has been pleas'd also in the NewTestament to renew them, and to give us fresh Assurances of his Fatherly Care, in protecting and providing for good Men, even in this Life . St. Paul , continues he, who writing only to Christions , cannot be suppos'd to have encouraged them to their Duty by such Promises, as do not belong to them, yet says expresly, 1 Tim. iv.8. that Godliness is profitable unto all Things, having the Promise of this Life, that now is, as well as of that which is to come. His Lordship goes on to prove, that the Temporal Promises of the Old Testament are not yet out-dated, but do belong to Christians as well as they did to Jews. This, he saith, we are clearly taught by the Author of the Epistle to the Hebrews, Ch. xiii.5. where he declares, that the Promise made to Joshua, I will never leave thee nor forsake thee; (altho' at the first making, it seemed to be particular and personal, made to Joshua alone) is yet to be understood, as an Evangelical Promise, made to every good Christian. And that not this Promise only, but likewise all such Temporal Promises in the Old Testament do belong to us Christians, no less than they did to the pious Israelites; the same Apostle plainly enough intimates in the next Words; ver. 6. by his citing another Text from thence, which he says we also may apply to our selves: So that we may boldly say, the Lord is my Helper, I will not fear what Man can do unto me." Thus far that excellent Prelate; to whose Argument from St. Paul, I beg leave to subjoin one of the same Nature from St. Peter; who speaking of a Blessing, to inherit which Christians are call'd by God, expresses the Nature of that Blessing in the Words of the Psalmist, Psal. xxxiv.12,13,14. He that will love Life, and see good Days; let him refrain his Tongue from Evil, and his Lips, that they speak no Guile; let him eschew Evil, and do good, &c. 1 Pet. iii.10.11. From all this I thus argue; That Action, which flows from a firm Trust, and steadfast Belief in the Promises of God, flows from a truly Religious Principle. The Actions we are moved to by God's Temporal Promises, do (as well as those we are mov'd to by His Eternal) flow from a firm Trust in God and stedfast Belief of His Promises. Ergo. The Action we are moved to by God's Temporal Promises, do (as well as those we are moved to by his Eternal) flow from a truly Religious Principle. If this be granted, (and how it can be denied I can't see) it follows, that flowing from a truly Religious Principle, they are truly Religion; and if they are truly Religion, it is false, that the Belief of another World is what Alone renders our best Actions Religion; and that when they flow not from thence; they cease to be Religion; For when each terminates in God, each constitutes an Action Religious. Thus have I shewn, that the Bishop of Bangor's Definition, is, as Dr. Sherlock stiles it, a new Definition of Religion. I shall close all, with observing, that if the Bishop was really the Doctor's Tutor, as the Author of the Flying-Post suggests; I cannot but congratulate the Doctor in being so like St. Cyprian, in relation to Tertullian; that is, in having copied all the Bishop's Excellencies, and with great Judgment avoided his Errors.

Religion

THE FLYING-POST POSTED, &c.

The Flying Post posted: or, An answer to a late pamphlet of that author's call'd The Chichester dean [...]

RelB1721

SOON after the Bp. of Bangor's Answer came out, the Attention of the Town was so wholly turned from Books to Matters of another nature, and still is so; that the Reader, I believe, will be more apt to ask why I reply at all, than why I have not done it sooner. Instead, therefore, of troubling him with the reasons of my not doing it before, I will only say, that I write now, because I promised in the Postscript to my Sermon , I would, more than for any other reason; otherwise I should have chosen to be still silent, rather than help to the revival of a Controversy, that seemed to be dead, and buried in the vast Abyss, that has swallowed up almost every thing else. To the Business therfore, without more Apology. And here I might, after the example of the B. but with much greater reason, endeavour to excite the Compassion of the tender-hearted Reader, with long and loud Complaints of his unkind Usage of me, who besides all the other Arts of an unfair Adversary, has many peculiar to himself, which the World are now so well acquainted with, that no Reader can be a stranger to them; but I have so little occasion for such Artifices, that I shall begin with returning his Lp. my most hearty Thanks, for those very Things which are the justest matter of Complaint. And first, I thank his Lordship for setting out in the very Preface of his Answer, with one of the most palpable Instances of Insincerity a Man can well be guilty of. I had said, "I could not think it equitable in the Governors of the Church, to call in the secular Arm, to oppress and crush under its weight Virtuous and Learned Men, for the mistakes their disinterested pursuits of Truth and Knowledge may happen to lead them into." The sense of this Passage is so plain, that no body can mistake it, who does not do so wilfully. The Opposites to Virtuous and Learned, are Vicious and Ignorant. I ask no favour for the Writing of the Learned, if they are not Virtuous; nor for those of others, who are not Learned, for what business have the Ignorant and Unlearned to write in Controversies of Religion? And if Learned Men write in opposition to the Established Religion, who are not confessedly Persons of Integrity and Virtue, there may be just reason to suspect, that under the colour of Conscience, and a pretended love of Truth, they serve some Party-Views, and design either to promote Impiety and Irreligion, or to disturb the Peace and Welfare of the State. The advancing novel, or the opposing the received Doctrines in Religion, have generally that malignant influence on the Civil Government, that the Magistrate can't have too watchful an Eye upon them, tho' his Care were confin'd to the Affairs of Civil Life, and he had as little Zeal for the Honour of God, or as little obligation to such a Zeal, as has been of late publickly contended for. Indulgence therefore, in my humble Opinion, is then only due in these matters, not when Men write with great Confidence and little Reason on their side, but when their Modesty and Diffidence of themselves, and Deference to Authority, are great and visible; and the reasons they give for their Opinions are solid and strong, and such as shew they have well considered their Argument; that is, they must be Virtuous and Learned Men; otherwise they will want either the good Qualities, or the Abilities they ought to have. And this, one would think, is so very reasonable, that if it could not procure his Lp.'s Concurrence, it might, at least, have escaped his Censure. But his Lp. is so much out of humour, that Virtuous, and Vicious, are terms that pass for nothing with him; and I am represented as claiming Favour only for the Learned; but for the Ignorant and Unlearned, persecute them who will, I have nothing to say against it. So gross a Misrepresentation at the very entrance, is a warning to every impartial Reader, to let him see, that nothing fair or candid is to be expected from such an Adversary; and that the struggle is not for Truth, but Victory. Another thing for which his Lp. has my Thanks, is, that he has in several places of his Answer, declared himself a profess'd Enemy to Learning: and makes it a Crime in the Dean, "That he has been pleased to give a privilege to the Errors of the Learned, tho' in truth more inexcusable than the Errors of the Unlearned;" and thinks himself, "That St. Paul would not have had the least regard to such a Qualification, unless as it might aggravate their Crimes , p.157." Which reminds me of what he says, in his Answer to the Committee, p. 98. That "what is called Learning, is so far from being the most necessary, or the most useful Qualification in this case, (of judging in Matters of Religion) that there is nothing which has been seen to administer so many doubts, and so many differences, as that: nor are any, in Experience, seen to be less secure from Error, than Learned Men. For this, look out into the Popish Countries, and see whether one Illiterate Honest Man, be not as capable of judging for himself, in Religion, as all their Learned Men united; even supposing them met together in a General Council, with all possible marks of Solemnity and Grandeur." Had his Lp. added, and with all possible Freedom and Sincerity; it had been a finished Sentence, and every way worthy of its Author. But what makes his Lp. such an Enemy to Learning? Do the Illiterate owe nothing to it? Whence have they the Scriptures laid open to them in the Vulgar Tongue? Does the Reformation, for which his Lp. expresses so much Zeal, owe nothing to Learning? What but the revival of Learning opened the eyes of people to see the Corruptions of the Church of Rome? What but Learning enabled the Reformed to defend the Separation they had made? What but Learning discovered the Impostures, the Forgeries, the lying Wonders, the Innovations in Doctrine, Discipline, and Worship, the Usurpations and Tyranny of the Papacy? What could justify a Separation, but their being able to assign these causes for it? And what could do that but Learning, great and consummate Learning? These considerations, I should have hoped , would have prevailed with his Lp. to be less severe in his Censures of it. But lastly, I may ask in favour of Learning, does his Lp. owe nothing to it? I am sure some of his Friends at least do; and for their sake, methinks, both Learning and Learned Men might have met with better quarter from him. For my own part, I think my self extremely obliged to his Lp. for so frank a Declaration; and shall always rejoice to have such Adversaries, who at the same time declare themselves Enemies to Learning provided they do it with Sincerity. When that is the case, I shall flatter my self, that I have a good Cause, and our Readers, even the most Unlearned, will be apt to think so too. And it is indeed no small satisfaction to think, that whoever attacks Learning, if he does it weakly, does it no hurt; and if he does it well, his own performance is a good argument against him; while he shews thereby its Usefulness, as well as his own Ingratitude. But I must do his Lp. the justice to acknowledge he is fair in this, that he has not attacked Learning with weapons borrowed from it. A third thing from which I thank his Lp. is, that he who has so long affected the guise of great Meekness, and of the most Christian Patience, has at last thrown off the Mask, and shewn he can be very angry. Which is the more extraordinary, because it is not only certain, that I had given him as little Provocation as a man could well do, that presumes to differ from him; but that he might from several circumstances have seen reason for a more than usual moderation of his Resentments on this occasion, instead of letting them loose in so extraordinary a manner. For I am persuaded, he does not think I liked the Notions of his Sermon at the first appearance of it, more than I do now; and from thence he might reasonable have imputed my silence for years together to causes that gave me a right to a better treatment. But I do not complain, I am pleased; his Lp. has now quitted the only advantage he had over his Adversaries; that appearance of Humanity and Tenderness, of a patient and forgiving Temper, which has hitherto done him so much service, and has so often moved the pity of his Readers, and made those who could not judge of the merit of the cause, think he had been really injured. His Lp.'s Anger now is open and undisguised, and his words will no longer have more Weight with his Readers than they have Reason in them, which his Anger may take something from, but can add nothing to. This therefore is another thing for which his Lp. has my hearty thanks. I don't love to engage with one who kills with good words, and gives a mortal Wound in the shape of a charitable Prayer. I am glad when an Adversary shews his Resentment. When a man's Anger is his Interpreter, we fear no latent Reserves; and his Words, how pointed soever, will do but little hurt; and others will think it no small sign of an ill cause, whatever he may think himself: especially when it is so unprovok'd, that no body, who is not in the secret, is able to assign a reason for it. For my own part, I am sure no good one can be given, none that is adequate, or in any measure proportioned to it. These several marks and effects of his Lp.'s Displeasure being really all of them so many prejudices in my favour, I accept them as such, and instead of Expostulations and Complaints, make him this humble tender of my Thanks for them. As to the charge of my favouring the Persecution of innocent but ignorant people, I have already expressed my sense of that matter in the P.S. beforementioned; and have there said, that Negative Discouragements are not included in my notion of Persecution; in which that I am not singular, I might shew from many modern Authorities, and such as were friends to Toleration; not only from single Writers of great note, but from the Concessions in the famous Conference between the two Houses of Parliament upon the Occasional Bill in that last Reign. I might defend the Lawfulness of them even from his Lp. himself, who has made it the great Foundation of his Preservative, that the State has a right to all means for its own Defence; that is, for the Defence of its Constitution, of which the Established Church is as yet a part, and I trust in God, so long as we can preserve the Protestant Succession, always will be. But if the State has a right to all means of Self-defence, then to Negative Discouragements among others. But I will content my self with telling his Lp. what was thought Persecution in the Fourth Century, not by Ecclesiasticks, whom his Lp. may think incompetent Judges in this case, nor by such Emperors as he may perhaps suspect were under the influence of Churchmen: I will give him the Opinion of no less a person than the Emperor Julian, who, had he not been seduced by vain Philosophy from the Christian Faith, was in other respects a most accomplished Prince, for Learning, Virtue, and Humanity; and who thought Persecution merely for Religion so unreasonable, that immediately upon his accession to the Empire he recalled from banishment all that had been exiled by the influence of the Arian Faction under Constantius, and caused Restitution to be made to such whole Goods had been confiscated on that account. Of this we have a very full Declaration in his fifty-second Epistle, where he shews how much more the Christians were obliged to him than to his Predecessor: Synebē gar epi men ekeinou tous pollous autōn phygadeuthēnai, kai diōchthēnai, kai desmeuthēnai polla de ēdē kai sphagēnai plēthē tōn legomenōn hairetikōn.. ep'emou de t'ounantion hoi'te gar exhormēthentes aphethēsan kai hoi dēmeuthentes apolambanein ta sphetera hapanta nomōi par'hēmōn elabon.. And in the same Epistle he declares it his opinion, that those who are in Error through Ignorance, rather than Design, should be wrought on by Persuasion and Instruction, not by Force: and therefore most earnestly recommends it to those of his own Religion not to injure, or assault, or offer any violence to the Christians, either to their Persons or Houses. Logōi peithesthai chrē, kai didaskesthai tous anthrōpous, ou plēgais, oude hybresin, oude aikismōi tou sōmatos. authis te kai pollakis parainō tois epi tēn alēthē theosebeian hormōmenois mēden adikein tōn Galilaiōn ta plēthē, mēde epitithesthai, mēde hybrizein eis autous: eleein de chrē mallon ē misein tous epi tois megistois prattontas kakōs. To the same purpose he expresses himself very fully in other places, particularly in his forty-third Epistle, which begins thus: Egō men kekrika tois Galilaiois hapasin houtō praōs kai philanthrōpōs [chrēsthai] hōste mēdena mēdamou bian hypomenein, mēde eis hieron helkesthai mēd'eis allo ti toiouton epēreazesthai para tēn oikeian prothesin. And the last words of the preceding Epistle are, speaking of the Christians, kai gar, oimai, didaskein, all'ouchi kolazein chrē tous anoētous. Thus averse was Julian to all Force in matters of Religion, and to every thing that is in common language underflood by Persecution. But did he think it was inconsistent with Justice, or his Humanity, not to employ them in his Government, and bestow favours on them? By no means. He thought there was a great deal of difference between not persecuting, and not favouring. Hear him in his seventh Epistle. Egō nē tous theous oute kteinesthai tous Galilaious, oute typtesthai para to dikaion, out' allo ti paschein kakon boulomai, protimasthai men toi tous theosebeis kai pany phēmi dein. The Christians he would not have killed, or beat, or any way injured; but those of his own Religion he thinks should have the preference, and the favours of his Government. This was the sense of Julian, and I have never heard of any wise, or indeed of any weak Government, before or since his time, who thought that those who dissent from the Publick Religion had a Right, a natural inherent Right, to Places and Favours. And I am persuaded, all Government will ever be of the same mind, that it is within their own breast to determine, how far, and under what limitaions, to indulge those who dissent from the Established Worship; and that they will not by the novel Schemes of private Writers ever suffer this invaluable Prerogative to be wrested from them. It has indeed been argued in a late Sermon, That the Civil Magistrate has nothing to do in matters of Religion, and that Absolute Liberty in all such is every man's just Right; but with what success? No Law of God in the Old Testament, no Precept of our Saviour or his Apostles in the New, can be produced to justify this notion; no Precedent or Example for it can be found in Scripture, either with respect to Jewish, or any other Govenors; no instance can be brought from any History to support this conceit either before or since our Saviour's time, though we look as far back as the Egyptians, Chaldeans, Persians: Let us search to the ends of the Earth, from Pole to Pole, from the Rising to the Setting of the Sun, through all the Revolutions and Ages of the World, we shall not find any one Civilized Government weak enough to give up so valuable Right. On the contrary, though by some modern Schemists Governments as well as Worlds can be framed without a God, all wise Governors have ever founded their Government in Religion; and as they looked on themselves as God's Vicegerents, have thought it their Duty to take care of his Honour in the first place; this indeed they thought not only their Duty, but their Interest; that the Stability of their Government depended on the Piety of their People, and that their Laws had their greatest froce from whence themselves derived their Power, from God; and therefore Religion had always the first place in their Laws, both on account of its own Dignity, and for the Influence it would naturally diffuse thro' them. No instance is brought to the older side, but of one Gallio, an inferior Governor of a Province in the Reign of Claudius; tho' the Sermon indeed would make one think it was in the Reign of Augustus. For in explication of his Text, the Preacher tells us, Gallio was the Roman Prefect of Achaia, a Consular Province under Augustus: and so says Grotius upon the place. But Grotius does not stop there; what he says, is, that in the Division of Provinces between the Senate and the Emperor, made by Augustus, Achaia fell to the Senate's lot, and was a Proconsular Province: But Provinces did not continue always according to that Division; for Augustus made some changes himself; and this Province of Achaia, Grotius observes, was by the very next Emperor made an Imperial one. But what Tiberius did, Claudius undid, and restored it to the Senate. I observe this only to shew how little this Preacher attended to what was before him, who could not have fallen in such a mistake but through great Carelessness and Inattention. But let us see what this instance of Gallio amounts to. The case, as represented in the Acts, Chap. xviii.12 18. is this: The Jews seized St. Paul in a tumultuous manner, and brought him before Gallio, for teaching Doctrines contrary to their Law. Gallio, when he saw what the matter was, would not meddle with it, but drove them all away [apēlase] from the Judgement-Seat, or out of Court. Upon this the Greeks (those of Gallio's Religion) took the Chief Ruler of the Jewish Synagogue, and beat him before Gallio's face; but Gallio, says the Text, car'd for none of these things. I can't see any reason why Gallio's example should be of any authority for other Governors; but if it ought, why do we pick and choose? Let us take the whole of it; and then there is an admirable pattern for Magistrates; they ought not only not to take upon them to judge in Religious matters, but to suffer Assaults to be made, and the Peace broken with impunity in open Court, and before their face. I would gladly know why one Preacher may not recommend to Magistrates the latter part of this Example, as well as another has done the first. But his Example, even in the first part of it, upon consideration will be found to be nothing to the purpose. The Preacher indeed says, that the Crime laid against St. Paul was Blasphemy against the Religion Established by Law, Which Gallio declared did not fall under his Cognizance. Upon which I can't but observe, first, that Blasphemy was not laid to his charge; and secondly, that Gallio does not declare that the case did not belong to his cognizance; but that he would not meddle with it: Kritēs gar egō toutōn ou boulomai einai. I will not be a Judge of these things; not because they were Religious, not Civil matters, as is pretended in the next page; but either because Gallio despised them, looked on them as trifles about which he would not concern himself; or because the Jewish Law was no Rule to him, he was no way concerned to inforce the observance of it. But thirdly, what is most extraordinary in this sentence is, the unfair insinuation there is in saying, that St. Paul's Crime was his opposing the Religion Established by the Law. Had it been said their Law, it would then presently have appeared, that what Gallio did in this case was nothing to the Preacher's purpose; but as the words are, Established by the Law, I doubt it led his Hearers, as well as his unlearned Readers, to believe, that the case of St. Paul brought before Gallio is parallel to that of a man who should now be brought before the Civil Magistrate for opposing the Religion Established by Law in this, or any other Christian Country; and that from this instance they are to learn their Duty, and to declare to all the world, that such cases do not belong to their Cognizance. But with great submission, I conceive nothing can be wider from the point 'tis aimed at, than this instance is from the application it is drawn to. For in the first place Gallio was but an Inferior Magistrate, and was to govern according to Law; and if St. Paul had broken none of the Laws in force in that Province, Gallio could have nothing to say to him; otherwise he might have entred into the charge against him, had he so pleased, as well as Felix, or Festus, or other Roman Governors did in Judæa, where, after it was reduced into a Roman Province, the Jewish Laws, under certain restrictions, were permitted by the Emperors to remain in force. Nothing therefore from Gallio's example can be concluded to affect other Governors; much less can it be inferred from the instance of an Inferior Magistrate, that the Emperor, or any other Supreme Power could not justly make Laws about Religious Matters, for the direction of Judges and Magistrates, when such cases should come before them. Nor is there any thing in fact more certain, than that the Roman, as well as other Governments, did think the affairs of Religion were within their Cognizance, and did from time to time make such Laws about them, as they judged proper. In the next place 'tis evident St. Paul is not accused of acting in violation of what was the Established Religion by the Roman Law; but of acting against a Religion that was not Established, against that of the Jews, about which the Romans troubled not themselves. Had it been otherwise, had St. Paul been accused of Blasphemy against the National Religion, I believe Gallio, as indolent as he seems to have been, would have acted another part; and would have been obnoxious to the Laws, and false to his Trust, if he had not. In truth the case is much the same, as it would be, if the Jews settled here, upon a Schism breaking out among them should prosecute any member of their Synagogue in Westminster-Hall; where the Judge might dismiss the Cause, as Gallio did, without any prejudice to his Authority, or breach of his Duty, in what regards the Established Religion. The Prosecutor is concerned in the defence of the Religion Established by the Law; and so likewise is the Judge for the Religion Established by the Law. But are they the same Religions, or are the fame Laws meant in both Expressions? No; they are as wide as can be; as different as Christianity and Judaism; and no body, with any Truth or Sincerity could call the Religion established by the Jewish Law, the Religion established by Law. But such shifts are men driven to, so shamefully do they pervert Scripture, when they set up for new Schemes in Religion, that have no foundation either in the Laws of Nations, or the Law of God. I might go on, and shew the same Unfairness and weak reasoning thro' almost every Paragraph of this Sermon, in which there is so much Assurance, and so little Argument, that upon these accounts, as well as its Insult on the Establishment, it is, I think, without a parallel. Its grand Principle is, that the Civil Magistrate can of right punish nothing, but as it prejudices mens Civil Interests; and virtue of this, common Swearing, Blasphemy, Incest, and other the most detestable Crimes have a right to Impunity; and that for this weighty reason, because Secret Intentions of Wickedness, and Treasonable Thoughts, and the like, are not liable to Civil Punishments. That is, the Magistrate can't punish what he can't come to the knowledge of: But does it follow, he may not punish where he can? Curse not the King, no not in thy thought (says Solomon;) for a bird of the air shall carry the voice, and that which hath wings shall tell the matter. But others having professedly written against the Notions advanced in this Sermon; I shall enter no farther into the consideration of it, presuming (for I have not yet seen the Answers to it) that they have not only anticipated all I could think neccessary to be observed of it, but have very probably said a great deal more. Nor should I have taken even this notice of it, but for the relation it has to the Dispute between the Bp. of B. and me; for the Sermon owns in plain terms, and at large, what the Bp. was by everybody supposed to mean, but what he himself would not acknowledge he had said. This made it proper for me just to take notice of a Discourse that has made so much Noise, and given so just Offence. But I say no more, having no desire to expose the Author, but the Argument: nor would I have said thus much in this place, but that the following Papers were drawn up while I was at Worcester, long before I had seen this Sermon; and I was not willing to be at the trouble of making an Alteration in them, having so little inclination to this barren Controversy, that they have lain by me four Months untouch'd. I shall therefore take leave of this Sermon, with observing, that were the example of Gallio ever so pertinent to what 'tis alledged for, yet it would not prove that the Magistrate has not a right to favour one Religion above another, tho' he will not be a Judge in Religious Controversies; or that the Legislature may not establish as the Publick Religion, that they think the best, and confine to the Profession of it all Places of Power and Trust for its greater Defence and Security against the restless Spirit of Enthusiasm, and the cunning of those who know how to make the madness of a deluded people subservient to their own ends. Gallio might prefer, and indeed could not but prefer those of the Established Religion to all places in his Government, exclusive either of Jews or Christians, as their Constitution then stood. But if even this could be concluded from Gallio's example, that negative discouragements might not be used in preference of one Religion before another, purely as such, yet Religious and Civil Affairs are so inseparably interwoven and blended together, and Religion is so often made a pretence to disturb the State, that the care of it necessarily comes within the Sphere of the Civil Power purely as such; since 'tis impossible to preserve the peace and quiet of the State, if the Magistrate renounces all right to meddle in matters of Religion. But if the Magistrate has such a right, 'tis of little importance to enquire, on what foot he has it; whether directly, as it is a matter of Religion; or indirectly, as it affects the welfare of the State Civil. Which ever way it be, if he has such a right, he has it; and whoever takes it from him, is injurious both to God and his Vicegerent; he prostitutes the honour of God, and weakens the hands of the Government. 'Tis pretended indeed, That God has infinite ways of maintaining and taking care of his own Honour, without being beholden to the Secular Arm. And has he not as many ways of maintaining the peace of Society? but sure it would be a strange inference, to conclude from thence, that there is no occasion for any Civil Government. And 'tis just as strange, to infer from the same premisses, that there is no occasion for the Magistrate's doing any thing to maintain the Honour of God, and the Obedience due to him. Government is the great instrument of Providence in all the aggairs of this world; and it will be always true, that God ordinarily works by the stated means of second Causes, tho' he has infinite ways of acting without them, if he please; for who can set bounds to a Power we acknowledge to be infinite? Such a way of arguing appears to me so trifling and ludicrous, or rather so prophane, that I should think it so intended, did I not know the Author, who, I verily believe, was far from any such design. As to the Government, that the denying it this right is weakening the hands of it, is so manifest, that no principle in Mathematicks is more certain, or more evident. I wish we had not so sure a proof of it, as we have from the effect the barely advancing this novel Notion in so publick a manner, has already had, by the inflaming Mens minds, and increasing that disaffection, in which the Enemies of the Government place their chief hopes. But to return to Julian, it will be asked, Was not he a Persecutor of the Christians? I answer, No otherwise than by pursuing such methods as the Bp. thinks most for the good of their Religion: which were chiefly these three. First, he withdrew from them the revenues and favours, immunities, privileges and rights which his Predecessors had granted to them; by which they were reduced to their primitive State, that happy and perfect State which the Bp. seems to be so extremely fond of; and that for the same reason that Julian gave, that they might be less incumbred in their Journey to the Kingdom of Heaven, hina penomenoi, sōphronōsi kai mē sterēthōsin, hēs eti elpizousin, ouraniou basileias. A second way he took to weaken them, was to keep them ignorant, by help of a pretty dilemma, that all Teachers should act conscientiously and sincerely, and should not teach what they did not think right, and true, and good. Those therefore that did not like the Religion and Gods of Homer, Hersiod, Demosthenes, Herodotus, Thucydides, Isocrates, etc. should not teach such Books; or if they will teach their Books, they should profess their Religion. And by this Argument the Children of Christians were ordered to be sent where they should be taught nothing but Matthew and Luke, and what others of the same Religion had writ. And this, I conceive, does not differ much from his Lp.'s notions, who seems to think it an advantage to be Illiterate; at least so far as the belief and practice of Religion, as taught in the Scriptures, are concerned. A third way Julian took to weaken the Christian Cause, was not only not to persecute, but to indulge an absolute and universal liberty to all Sects of them: what his Lp. thinks the most proper course to preserve Religion, Julian thought the most effectual way to ruin it. The remark of Ammianus Marcellinus on this occasion, a very judicious Writer, and a great admirer of Julian, is so very remarkable, that I can't forbear transcribing it: Ut dispositorum roboraret effectum, dissidentes Christianorum Antistites cum plebe discissa in palatium intromissos monebat, ut civilibus discordiis consopitis quisque nullo vetante religioni suæ serviret intrepidus. Quod agebat ideo obstinate, ut dissensiones augente licentia non timeret unanimantem postea plebem: nullas infestas hominibus bestias, ut sunt sibi ferales plerique Christianorum, expertus. Lib. 22. c.5. The best Christian Writers have expressed their sense of his Indulgence to the same effect, Eo modo putans (to use the words of St. Augustin, cited by Valesius on the place) Christianum nomen posse perire de terris, si unitati Eccelesiæ da qua lapsus fuerat, invideret, & sacrilegas dissensiones liberas esse permitteret. In these ways was Julian a Persecutor of the Church, little differing from those the Bp. thinks most proper for its defence. But to proceed; in the next place, his Lp. takes notice of what I had said relating to Establishments: and the sum of his Remarks is, 1. That he does not know certainly what I mean by an Establishment. 2. That if I mean by Establishments, any thing consistent with the Common Right of Mankind to judge for themselves, as well as to enjoy the priviliges of humane Society, and with the Liberty with which Christ himself has made us free, he has said nothing that can be construed against them; but, 3. That he can't join with me in supporting Establishments by such arguments as I have used. Now to put his Lp. out of his doubts as to the first, I mean by Establishments, such as the world has always meant by them, such as that is we enjoy in this Nation, as to its nature and kind, tho' not as to every particular circumstance and part of it. As to the second, I can't but be very much surprised, to find his Lp. saying, that he has said nothing against Establishments under certain restrictions; for I think I have read large Books of his, that are from beginning to end against all Establishments; if by Establishment be meant the encouraging and giving by Laws a preference to one Religion above another. For the encouraging of one is necessarily the discouragement of another, and consequently is applying humane and worldly Engines to matters not of this world, and tends to promote Hypocrify, and to destroy Sincerity, which his Lp. has made to be all in all. Which principles tend to destroy all the Establishments I have ever heard of, except that may deserve the name of one, that I have lately met with in the Fundamental Constitutions of Carolina, said to be writ by Mr. Lock, and published in a Collection of Pieces under his name; but which I suppose he only drew up into form as the sense of the Lord Shaftsbury, rather than his own; the care of the Affair having by the Duke of Albemarle, and other Proprietors been recommended to that Lord, to whom Mr. Lock was Secretary. But however that be, Mr. Lock was then but young, about thirty, and had not that knowledge of humane Nature, he aquired in his riper years, nor had turned his thoughts to so serious and thorough a consideration of the Christian Institution, as his Writings shew he did for many years before his death. In these Constitutions, to gain the affections of the Natives, and encourage others to come and settle in this Country, 'tis ordained, That any seven persons agreeing in any Religion, shall constitute a Church. And to such a Church no profession of any part of the Christian Faith is made necessary; only to acknowledge the Being of a God, and that he is publickly to be worshipped. So that any Man who could seduce six more, (and he has ill luck, who in a populous Country cannot,) might set up a Church, in which may be professed any, or all the Heresies and Superstitions that ever were, or can be invented: none are excluded from this privilege but downright Atheists, such as the impious Author of the Pantheisticon This Atheistick Writer not content with what he has dared to print in his prophane Piece, has, I am told, in some Copies inserted a prayer in MS. in these or the like words: Omnipotens & Sempiterne Bacche, qui hominum corda donis tuis recreas, concede propitius, ut qui hesternis poculis ægroti facti sunt, hodiernis curentur, & empty space per pocula poculorum. How to fill the blank I have left, I do not remember. Thus prays this Pantheist, whose impudent Blasphemies loudly call for the Animadversions of the Civil Power., and a few such Infidels, who are either too stupid to understand an Argument, or too thoughtless to attend to one, or too vicious to give a practical assent. There is indeed provision made by one of these Constitutions, as the Country comes to be sufficiently planted, for the building of Churches, and the publick maintenance of Divines, to be employed in the exercise of Religion, according to the Church of England. But this Article the Editor observes, was inserted afterwards, by some of the chief of the Proprietors, against Mr. Lock's judgment: and indeed the series of the constitutions shews as much, that this was not originally a part of them. Till I saw these Constitutions, I could not imagine what sort of Establishments it was his Lp. could, upon his Principles, allow; but this has cleared up my doubts, and I shall suppose this is in the main what he would have, till I am better informed. As for his Lp.'s Limitations, if he does not include in the Establishments he allows, that of our own Church, he does then in effect declare, that it is inconsistent with the Common Rights of Mankind, and the Privileges of human Society, and with Christian Liberty: a heavy charge! but which has been so often and so fully answered, that I think it needless to say more here. I will only add, I know no common Rights of Men in Society, but legal Rights, and the Laws are the rule and measure of them, and all Nations have thought religious Establishments consistent with them. And as to Christian Liberty, I desire his Lp. would define it first, and settle the true Gospel notion of it, and then I dare say that he will never more object that to us. But in the last place, if his Lp. and I were agreed upon an Establishment, he could not do it upon my reasons; first because they turn the eyes of Christians from the conduct of Almighty God in the Christian Religion, which was (I suppose his Lp. means, is) not of this world, to what it pleased him to ordain in the Jewish, which was of this world. What a pretty Antithesis is here? who can stand out against the convincing force of it? was of this world was not of this world! Thus sounds persuade as well as sense. But strip the Argument of this jingle, and it is this: The Jews being one People, God did not only give them a System of Religion, but likewise a Form of Government; which Government had the cognizance of all matters, whether Civil or Religious, under the direction of such Laws as he thought fit to give to them; so that they were a sort of Theocracy. But with respect to the Christian Religion, that being not to be confined to one People, but to be propagated to all Nations in which Governments were already settled, he sent his Son, not to make any alterations in them, much less to pull down one and set up another, but to promote only the religious Interests of Mankind, to call them to repentance by preaching the doctrines of the Gospel, and to do what was necessary on God's part, for their Redemption. And in virtue of this Mission, Christ, by his Apostles, gathered to himself, out of all Nations, a People zealous of good works: but with respect to the Governments in the several Nations, his Gospel left all things in the state it found them. So that they who embraced the Faith of Christ, neither were by any appointment from him, nor for a while in the nature of things could be under any other direction, as Christians, but that of his Apostles, and those who laboured with them in the Ministry, or were appointed to succeed them in it, acting in his name, and under such rules as the Gospel has prescribed to them. This now being the case, does it from hence follow, by any good consequence, that when whole Nations shall be converted to the Faith, when Kings and Emperors are become Christian, that they may not for the establishing of this Religion, look to the conduct of God in his Government of the Jews? or that they may not imitate the examples of those good and religious Princes, who in virtue of God's Laws used all their power and authority to procure obedience to that Worship and Religion he had instituted? is the conduct of God contrary to, and inconsistent with the self? can he do what is unrighteous or unreasonable; what is malum in se? was his conduct no where fit to be imitated out of one little corner of the world? is an Establishment more inconsistent with Sincerity and true Religion now, than it was then? or, was there no Sincerity and true Religion among the Jews? is it not as reasonable that a Christian Prince should study the Law of Christ, as it was for a Jewish one to study that of Moses? or does his Lp. think, that the Prince was commanded to study it as a private Man only, and not in his princely Capacity, as he was to make it the measure of his Government? was it commendable, and for the eternal honour of David, Hezekiah and Josiah, to be zealous for the honour of God, and in defense of his Religion; and shall it be absurd, and criminal, and impious, for Christian Princes to shew the like zeal, and take the same care? Whatever his Lp. may think, the Christian World has always been of another mind. The conduct of God in his Instituion of the Jewish Government, can't but be a proper Subject for all Governemnts to consider well, and in many cases to form themselves upon: and to say otherwise, is to have less regard to God, than is usually paid to any wise Law-maker among mere Men. But farther, was the conduct of God in instituting the Religion he ordained by Moses, any other than the conduct of the same God, in the Covenant he made with Abraham? did he not appoint Circumcision under the like Sanctions? did he not expect the Covenant he had made with him, should be punctually observed, both by himself, and by his Children and Servants, by all either born in his house, or bought with his money, all persons without exception, under his Authority and Government? I know him, says God, Gen. xviii.19. that he will command his children, and his household after him, and they shall keep the way of the Lord to do justice and judgment; that the Lord may bring upon Abraham that which he hath spoken of him. Did God require this of Abraham the Father of the faithful, as Father of his Family, and did he not expect the same of all Fathers of Families among Christians? Or is it possible he should expect less of Princes, than of them? Shall Parents and Masters be obliged to use their Authority to promote the belief and practice of true Religion in their Families? And shall Princes be so far from being under any obligation to use the Authority with which God has invested them, in the same manner and to the same good ends, that to attempt it shall be a Crime in them? Shall it be interpreted to be an abuse of their Authority? Shall they be told, is it turning their eyes from God to God; from God now well informed in the nature of Religion, to God, while as yet he was not? For the objection in effect comes to this, or there is no sense in it. As to the Antithesis, was of this world, and was not of this world; 'tis is of the Jewish and Christian Religion equally true, that neither of them were of this world; they were both of them from Above, and came down from Heaven. Nor was the Jewish to be propagated by Rebellion and the force of Arms, any more than the Christian. For as to the Extirpation of the Seven Nations, that was in virtue of a particular Command, and grounded upon particular Reasons. But as this expression not of this world, is applied by his Lp. to the Christian Religion, and vast consequences are made to hang upon it; I have in the following papers fully shewn what is meant by the Kingdom, that is not of this world; and therefore shall content my self to refer the Reader thither, where he will find, that when 'tis rightly understood, that can have no place in this Argument. The second Objection his Lp. makes, for not agreeing to my Reasons, is, that they reflect shame upon Protestantism, and the Church of England it self, by making all its security to consist in Human Laws, as having no lasting force against Popery, but from these. Here his Lp. puts upon me the fallacy he often puts upon himself, by which one thing is made every thing; I say, our Legal Establishment is the great Support of the Protestant Religion, his Lp. makes me say 'tis all its support; that all its security consists in Human Laws. Though one thing may be the great support of it, surely several other things may be also necessary to the same end. We have a good Cause, and we may hope for a Blessing on it from the Providence of God: but how? not by Miracles, but in the ordinary way, upon our endeavours in its defence. 'Tis the Goodness of God that has raised up Learned Men to write in its defence; and 'tis the same Providence that has turned the hearts of our Kings, and given our Senators wisdom to support the profession of his Truth by wise and good Laws. And therefore I must take leave still to be of opinion, "That the Protestant Religion, unless it had the gift of Miracles, could no more defend it self without an Establishment against the united Strength and Zeal of Popery, than a disconcerted Rabble could stand against a well disciplined Army." Julian, who was no fool, I have already observed, thought he could not ruin Christanity more effectually than by an unlimited Toleration of all Sects, without the Establishment of any; and had God suffered him to reign any length of time, who can doubt but he would have obtained his end, unless the gift of Miracles had been revived? For when Christians had been without Power, and without Union, and by infinite Factions and Divisions crumbled into nothing, who can think it possible for a Religion, however good, to subsist in such miserable circumstances against the Learning, and Power, and exasperated Zeal of Paganism, under a Prince whose Virtue was an Ornament to his Religion? Who forced no body, but by his favours invited all he thought worth it, and reformed his Religion both by the Spirituality of the new Platonism, and by transcribing into it what he saw most excellent in the practical part of the Christian Institution? But not to insist longer on this case, what does his Lp. think of the state of the Protestant Religion in the Empire? How long would it subsist, if the Westphalian Treaty were abolished? Who sees not, how it labours to subsist notwithstanding the Protection it has from it, and that so many Powerful Princes are watchful in defence of it? Who sees not how it loses ground, and what Dangers daily threaten it? If the Goodness of a Cause could preserve it without human help, how came Mahometanism to triumph as it does over Christianity in so great part of the world? What is become of the once so flourishing Churches of Asia, Syria, Egypt, and Africa? Let his Lp. reconsider these cases, and then tell us, an Establishment is not necessary to preserve the Protestant Religion against Popery; whose Learning, and Power, and Zeal are always implacably bent upon its Extirpation. For I believe his Lp. is not so sanguine as to think, that, if the Protestants of this Nation should be in the humour of making the experiment, and come into this scheme, that the Popish Countries would follow this example. His Lp.'s third Objection against my Reasons for Establishments is, That they make him suspect I mean by Establishments at least moderate Persecution of the Unlearned and Ignorant. To this, if it be needful to say more, let me ask his Lp. these two questions, First, Whether in his opinion the main Body of the Members of the Church of England are more for the Persecution of Dissenters than he thinks I am, or less? If more (and I am persuaded he is of that mind) then I would ask in the second place, Which is the likeliest way to bring the minds of people off from such a Spirit, and induce them to be easy and pleased with a reasonable Indulgence to tender Consciences? To run directly counter to them, and shew your self as contrary to their sentiments as possible, or to make some advances, and meet them half way? That is, are people who are the Majority to be driven, or led? To be gained by a rigid and absolute Opposition to them, or by Softness and making some Consessions, and treating the notions of those you would convince, as if they had indeed some reason in them, but were pushed too far? Are people ever like to meet and be reconciled, while both sides affect to be in the extremes; or by mutually receding from them, and approaching to a Medium? I know his Lp. will be against me, by the part he has taken in his Preservative, which I fear never did, nor will ever make one Convert to the Government, however he may have pleased some who never were its Enemies. But most men, I doubt not, will be of another mind, and allow, that the likeliest way to convince people, and overcome their prejudices, is not to keep at the greatest distance from them, and affect an unnecessary Opposition to their Principles or Notions, but to shew a disposition to come to some temper, and make what approaches you can towards them. This consideration might have made his Lp. less severe upon what he calls moderate Persecution. But I lay no claim to it. Dissensions in Religion, when under no restraint from Laws, are oftentimes of infinite ill consequence. The Spirit of Superstition and Enthusiasm is naturally turbulent, and Sedition frequently lurks under the cover of them; and therefore I am not ashamed to own my self of opinion, that severe Laws to curb and check the first beginnings of Disorders from them, are not only lawful, but often necessary; every Government has a right to make, execute, suspend, abrogate, and renew such Laws, when and as often as they think fit. The Laws of this kind that are, or ever were in force of this Nation, were non of them designed to put any hardships upon truly tender Consciences, but were all of them extorted from the Government, which is naturally mild and extremely tender of the people's Rights, in defence of the Constitution, against the Factious and Seditious Attempts, Conspiracies, and Rebellions that were carried on under the specious name of Conscience; and were intended to prevent offences of that nature, rather than to punish them; much less to aggrieve honest well meaning people so long as no danger is apprehended from the party they are of. 'Tis plainly for this reason, that very severe Laws are still in force against Papists, though no one feels the rigour of them while he lives quiet, and gives no offence. This the Legislature has judged necessary, from the experience it has had of the implacable and restless Spirit of that Religion, which obliges its votaries upon Principle to be Enemies to our Constitution, and dispenses with all the ties of Faith and Honour, by which they can pledge their Duty and Allegiance, so that they can't give sufficient security for their acting like good Subjects, if they would: this has made it necessary to keep them always under the restraint of severe Laws. Other Dissenters are not such sworn Enemies of our Constitution; they are not listed under any Foreign Head, they have no Doctrines that can dispense with Solemn Oaths, much less are they taught, that there is any merit in breaking the Faith once given to the Government: The Government therefore has proportioned the making or executing severe Laws with regard to them, according to the temper and behaviour of them from time to time. At present there being no reason to question their affection to the Government, all Laws of that kind have been suspended, or repealed, and will, no doubt, continue so, till another behaviour calls for another treatment. If ever this rule has not been observed, and any sort of Dissenters have been treated with an unreasonable severity, that is not chargeable on the Church of England, but on Popish measures, which were secretly contriving both their and our destruction, as is now to every body well known. The Establishment it self stands clear of every thing that can with justice be brought under the odious name of Persecution. I can't forbear upon this subject of Establishments, taking notice of a passage of Mr. Chillingworth in his second Sermon: where speaking of our Reformation, "The whole doctrine, says he, of Christian Faith, is restored to the Primitive Lustre and Integrity; nay more (which is a greater happiness than God ever created [granted] to those his chosen servants which lived in the infancy of the Church) the profession of a pure unspotted Religion is so far from being dangerous, or infamous, that we have the sword of the Civil Magistrate, the power and enforcement of the Laws and Statutes, to maintain this our precious Faith without stain and undefiled against all Heretical and Schismatical Oppugners thereof." I had once intended to have supported many things in hte following papers by passages of this Writer, but they swelled so much beyond what I designed, that I was forced to lay that thought aside; which I at first took up, not because I think him the best Defender of the Reformation, but because some other persons have expressed so great a veneration for him, from whom, were he alive, I am persuaded by many places in his writings, he would shew himself to differ extremely; and particularly from this in his seventh Sermon, where "he declares he dare not take upon him so much to gratify the Papists, as to lay this for a ground of stating Controversies between us and the Church of Rome, That that is be acknowledged for the doctrine of these Reformed Churches, which is most opposite and contradictory to the Church of Rome." Whether some of his greatest Admirers do not come under this censure; nay, whether, what is much worse, they do not first misrepresent Popery, and then make it a certain mark of being in the right, to expose what they think the contrary, I leave the Reader to judge. As to Mr. Chillingworth, he is confessedly an excellent Writer; but it may, I think, with great truth be said, that he was much abler at pulling down than building up; towards which little can be expected of a man who is by his own arguments pushed so home in the defence he would make of Protestantism, that he has nothing left, but to cry out the BIBLE. The Bible, I say, the Bible is the Religion of Protestants; and so say all the Hereticks and Schismaticks that ever were. Agreeably to which principle Mr. Chillingworth in another place (No. 23. of his Preface) expresses himself thus: "We do not renounce your Communion totally and absolutely, but only leave communicating with you in the practice and profession of your Errors." Then follows, "The trial whereof will be to propose some form of worshipping God, taken wholly out of Scripture; and herein, if we refuse to join with you, you may justly say, we have utterly and absolutely abandoned your Communion." Upon which passage A. Bp. Bramhal very judiciously observes in his Vindication of Grotius, &c. p. 637. "That this might serve for a Coverfew to hide the flame of our Contentions from breaking out whilst we are at our Devotions; but it hath nothing of Reconciliation in it, and hath as little probability of a Pacification. By being taken wholly out of Scripture, either it is intended, that it shall be all in the Words and Phrase of Scripture; that will weigh little, (I have never observed any thing more repugnant to the true sense of Scripture, than some things which have been expressed altogether in the Phrase of Scripture) or it is intended, that the matter of Liturgy shall be taken wholly out of Scripture; but this hath so little of an expedient in it, that it will leave the Controversy where it is. Both parties do already contend, that their respective Forms are taken out of the Scriptures." Thus far this very Learned and Judicious Writer, who, I hope may say without offence, has defended the Reformation with a masterly skill, with a thourough knowledge of every part of the Argument, and in perfect consistency with our own Establishment. This Author has in the same Chapter considered several other passages of Mr. Chillingworth upon the same point (the reconciling our Religious Differences) in answer to Mr. Baxter, of whom I can't but observe he says, He has his fears and jealousies that he will never prove a good Architect in this kind (of proposing ways of Reconciliation) because he never found any man yet who was given to innovation, but his Genius was ten times apter for pulling down than for building up. But this is said of Mr. Baxter, not of Mr. Chillingworth, who is certainly a very good Reasoner, and may be read with much advantage: but I fear the reading of him by Young Divines has had one great inconvenience; they see little shew of Reading in him, and from thence are induced to think, there is no necessity of Learning to make a good Divine; nay, that if he had been more a Scholar, he had been a worse Reasoner; and therefore not to study the antient Writers of the Church is one step to the being Chillingworths themselves. I fear, I say, the reading Mr. Chillingworth in their first years has had this influence, to make them think, the good Parts and good Sense would do without Learning, and that Learning is rather a prejudice than an improvement of them. But 'tis a great mistake to judge of a man's Learning by the shew that is made of it: Mr. Chillingworth had studied hard, and digested well what he read, and so must they who hope to write as well, and be as much esteemed. It will be always true and good advice, that A. Bp. Bramhall says in the place before mentioned, Then Master of Sidn. and Marg. Professor. Dr. Ward gave him, when he was a young Student in Theology; when he told him, that it was impossible that the present Controversies of the Church should be rightly determined or reconciled, without a deep insight into the doctrine of the Primitive Fathers, and a competent skill in School Theology. The former affords a right pattern, and the second smootheth it over, and plaineth away the knots. The opinion of two such good Judges may, I hope, be of some weight, to check that contempt of Learning, which is become so fashionable; not from a prevalence of good Sense above our Predecessors, but from a want of their diligence; and to convince young Students, that tho' good Sense and a knowledge of the World may make a Man; 'tis Learning, and the knowledge of what is in Books, that must make a Divine. Nothing remains in his Lp.'s Preface, that calls for any answer. For as to what he says of Mr. Rogers his discourse of the Visible and Invisible Church, the ingenious Author is very able to speak for himself; and the same Temper, Learning and good Sense, that have appeared in that Piece, shew themselves, I doubt not, in his Review; which for some reasons I shall deny my self the pleasure of reading, till I have finished my own Papers. In which I hope there is nothing wants much excuse, as to the manner of it, or that is very unbecoming one, who professes to have no other difference with his Lp. but what arises from his ill treatment of the Clergy of all Churches in general, and of the Constitution of our own Church in particular. So long as he is in that Spirit, as a Clergyman and a Member of the Church of England, I must always differ from him. But whenever his Lp. takes another part, when he shall think fit to treat the Clergy with candor, decency or common justice, and shew himself a friend to the Church of England, to which he is obliged by the most sacred ties, I shall be among the first to pay his Lp. all the respect due to his superior Merit, and to wish he may long adorn the Station he is in. March 15, 1720-21.

Religion

THE PREFACE.

Scripture vindicated from the misinterpretations of the Lord Bishop of Bangor [...]

RelB1730

EXOD. XXV.31,32. Thou shalt make a Candlestick of pure Gold; of beaten Work shall the Candlestick be made; his Shaft and his Branches, his Bowls, his Knops, and his Flowers shall be of the same: And six Branches shall come out of the Sides of it, three Branches of the Candlestick out of the one Side, and three Branches of the Candlestick out of the other Side. WHATEVER was written aforetime, was written for our Instruction, that we thro' Patience and Comfort of the Scriptures, might have Hope: What God has cleansed, that call not thou common: What the Divine Spirit, the Oracle of Sacret Scripture, has been pleas'd to dwell upon in a particular Manner, that call not thou unworthy of thy serious Attention; Despise not Prophecyings, and lean not too much to thine own Wisdom: What can be more mean, and ought to be more humble, than Man that is a Worm, and the Son of Man, that is a Worm? The best are only Vessels fashion'd out of the same Lump by the Hand of the Potter; and it is God, who sheweth Mercy, not Man, lest he should boast, that hath made some to honour, and others to dishonour. The Lord himself, (according to whose Pattern in the Mount, a Figure of good Things to come, Moses fram'd the Tabernacle, and the holy Things of the Sanctuary) condescended to the Infirmities of his People, by appointing the most minute Circumstances of the Jewish Law; the six Branches and Ornaments of the Golden Candlestick, to teach us, that his Word is our Supreme Law, that nothing is trivial or abject, which he ordains; that the Lord's Testimony is the Light of our Paths; that Doubts are to be search'd, and Obscurities clear'd by the Lamp of Heavenly Intelligence; that he, who is the Lustre of Israel, and turneth the Shadow of Death into the Morning, is our Star in the East, pointing our where we are to offer the Myrrh of our Submission, the Gold of our peculiar Vows, and the Incense of our Devout Acknowledgment. This was the Original of St. John's Vision of the Son of Man, Rev. i.13,20. in the midst of the Seven Candlesticks, which were the Churches; for the Lamps were seven, He the Centre, from whom the six Branches were illuminated; not mention'd here by Moses, because the Sun of Righteousness was not yet arisen with Healing in his Wings: Therefore at first the MediationLamp was not spoken of; the Branch of Jesse, call'd emphatically, the Man, the Branch, was not enumerated among the rest, till the Veil should be taken away, and the Glory over the Mercy-Seat should become a Light to lighten the Gentiles, as well as the Splendor of the Sons of Jacob, the universal Shechinah of Mankind. The Prophet Zachariah mentions this Candlestick, with the two Olive-Trees on each Side, to instruct us, that the Wisdom which is from above is first pure, then peaceable: The Golden Materials are the Truth of the most High, in the Scripture, directing and opening the Way of the Just to a perfect Day; the beaten Work is the repeated Meditation of Man on the same Argument; the Knops and Flowers are the Divisions and Embellishments, by every holy Bezaleel, each Spiritual Workman, rightly dividing the Word of Truth; the six Branches are the Principal Lights, that extend equally their Force to all, tho' on opposite Sides of the same Candlestick; and the seventh is the Son of God, not to be mention'd with the Inferior Branches; but the Standard and Fountain of all Knowledge; whose Words are as fine Gold, more precious, as Silver try'd seven Times in the Furnace; and who shall sit to purify the Sons of Levi, as a Refiner of Gold and Silver. In the mean time, till his final Judgment, till he shall be the Light and Sun of that City, into which the Kings of the Earth, those who have been made to him Kings, and Priests, shall bring their Glory; Let us consider those Sons of Levi, those main Branches of the same Candlestick, Subjects of one and the same Nation, Professors or Teachers of the same Common Christianity, as to their various Sentiments, and Model of discoursing on the Unhappy Occasion Ocsion of the Thirtieth of January; to weigh the beaten Gold in the Balance of the Sanctuary, and kindle the Sacred Fire, like Elijah, by a Ray from Heaven, unpolluted by the Smoke of the nether Furnace, where their Belief is trembling, and their Light is outer Darkness. Be the two Right Reverend Bishops of Bristol and Sarum, the two first Branches, like Olive-Trees, as they should be the Ministers of Peace, on either Hand of the Son of Man. The Scheme of the Bishop of Bristol begins with a Text from Rom. xiii.5. Wherefore ye must needs be subject, not only for Wrath, but also for Consciencesake: That is, because the Powers that be are ordain'd of God: Though the Bishop does not there explain what is meant by the Powers that be, whether the King only, or King, Lords and Commons, or Lords and Commons without the King, (a famous case of which is well-known,) or any Powers that be, for the Time being. His Lordship should have divided the Word to us, on that Head, according to the Example of Christ, Apollo, and St. Paul, who expounded the Scriptures, that those Things were so; and left all Pastors a Rule to be mighty in them. This is one Defect in any Schemes of the 30th of January Sermons, to preach on a Text, without explaining the Terms of that and the Context, by which we are undirected as to our own Conscience and Practice in the Application of the Sermon; as the Bishop very well urges Conscience, and Conscientiously, Pag. 6 but unless he had told us the Meaning of the Powers that be, how can we be Conscientious of our Duty to them? The Right Reverend the Bishop of Sarum has written many Books, and preach'd many Sermons to shew, that "it is the Civil Magistrate's being the Minister of God to us for Good," that is the Measure of our Consciences in applying St. Paul's Rule; by which that Bishop makes the People Judges of their Consciences in that Particular, and Judges of Him, how far he is the Minister of God for Good; which is giving them a Judicature, a Judgment of the Ministry of the Civil Magistrate. Now these two Bishops, who are opposite Lights on the same Candlestick, should both give the People a determinate Rule of Conscience on this Point; otherwise the word Conscience, will be us'd at Large, as it has been; and the Bishop of Sarum's Conscience will be no Law to the Bishop of Bristol, nor either of them to the Consciences of others. I remark it therefore as the second Defect in the 30th of January Sermons, not to give the People a distinct Rule of Conscience to act by, on a Scripture Footing, in this Affair: leaving, by that Omission, a Latitude for two Consciences, different and repugnant to each other, and therefore, for two Thousand, or more, indefinitely. The Bishop of Bristol proceeds, Pag. 7, 8, and 9. to rehearse the personal Virtues of his Majesty King Charles the First, that he was a Gracious, Merciful, and Pious King; Pag. 9. he professes not to enter into the Causes of Rebellion. Truth can never suffer, and the whole Truth might have been gloriously laid forth on the Panegyrick before; for half the Truth is not the whole: I remark it as a third Defect, not to exhibit to us the main of the entire Question; for how can a Christian's Conscience be fully informed, by letting him only into a part of his Information? And how can the People rightly discharge their Obligation, if their Consciences Conscienences be not compleatly instructed? Pag. 11 The Bishop of Bristol, instead of looking back, would prevent the like Calamities for the future, not by explaining the Scripture, regulating surely, and fully informing the Conscience, but by his own Use of the Text; shewing from that, 1. That a conscientious Regard to the Principles of Religion, is the firmest Support of Civil Government. Pag. 5. He shew'd first from the Text, "The Duty of Subjection from God's ordaining the Powers that be:" Pag. 11. He has a Second First, "To shew the Support of Government from the Principles of Religion in general," which is neither in the Words, nor in the Sense of the Text: The single Duty of Subjection for Conscience Sake, is not a conscientious Regard to the Principles of Religion at large for the Support of Government: That is Conscience for the sake of the Government; the Text is Subjection for the sake of Conscience; which is the direct contrary: For Conscience, in the Text, is the Rule or Subjection to Government for its firmest Support, not the Support of Government the Rule of Conscience. His first Head is shewn indeed, as he speaks, from the Text, because it is not in it. The Text does not guide him to compare what is more or less for the Support of Government, but it gives two Motives of Subjection, one for Wrath, the other for Conscience, in regard to Obedience only, without the least Handle to compare them, for the Support of Government. There is not a Word in the whole Chapter of the Support of Government, which is a distinct Idea, another Proposition, from that of Subjection for the sake of Conscience. That Support might have been made a remote Inference, it could not naturally and immediately be made the first Head from the Text; the first Head ought not to be of what may be thought imply'd in a Text, but of what is there immediately; otherwise it denies any Head to be first, by making any to be equally so. St. Paul makes no Comparison, the Bishop does; and shews it from his Words: St. Paul speaks of Subjection for the sake of Conscience; the Bishop of Conscience, or religious Principles, for the sake of Government: One says, you ought to be subject, as you are conscious, the Magistrate is the Minister of God for Good to you; the other, you ought to be a Man of Conscience and Religion, because it is the firmest Support of Government; which inverts the Proposition; for that Reason is not Conscience, being only a human Motive, and govern'd by a temporal Consideration. I remark it as a fourth Defect in the 30th of January Sermons, to shew from the Words of the Text in the first Head, what is not in the Words at all, and if suppos'd to be imply'd, must have come under a more distant Article: Unless my Lord Bishop had an Eye to that Passage, the first shall be last, and the last first; for many are call'd, but few are chosen. From Pag. 12, to 23, which is the Body of the Sermon, the Bishop of Bristol enlarges on his first Head (leading him still farther out of the way, the longer he follow'd a wrong Path at setting out) about the Rise of Government, "from Violations of the Laws of Nature, by the Consent of Man only; no Form of Government, as he says, Pag. 16. being prescrib'd by God above another. He is enforcing Obedience from Conscience, and yet he tells us, God does not prescribe any Government at all more than another; by which he puts Conscience out of the Question: So that he makes Religion the firmest Support of Government, and yet affirms it has not the Support of Religion, it is not founded upon that, but on breaches of the Laws of Nature, and is a meer human Institution. Conscience to God for a human Institution, and from secular Motives for the Peace and Order of Society, is a Contradiction in Terms; it is not St. Paul's Doctrine. St. Paul says we are to be subject, as we are conscious the Magistrate is the Minister of God to us for Good. That was St. Paul's Conscience; he did not make the Interest, or firmest Support of the Government, his Conscience, his God; his Persuasion of the Powers being the Minister of God to him for Good, was the Rule of his Conscience. Pag. 23. The Bishop of Bristol proceeds, "That this leads him to his second Head;" Pag. 12. he was to shew all three Heads from the Words of the Text, and the second is, "that the Christian Religion lays the strongest Obligation of Obedience on the Consciences of all Christians:" This is true, but not in the Text: It might have been also a remote Inference, but more properly a fifth, than a second Head; for that ought to have been, what in the Words is the second Consideration. He tells us here, that the Christian Religion lays us under the strongest Ties of Subjection to Government; whereas before he told us, that Government was founded on human Consent, not God's Appointment: Subjects are Subjects to a Form of Government; no Form of it, says the Bishop, is prescrib'd by God, nor therefore by the Christian Religion, above another; yet he insists, you are to be subject to a Form of Government, for Conscience Sake, by applying it at last to the present Government. His Discourse is a proper Image of the Rebellion, it fights with it self: God orders you to be subject to a Form of Government; yet God, he avers, order'd no Form of it, Man order'd the whole. Pag. 24. He builds the Right of the Magistrate to Tribute, and Obligation of others to pay it, on Christ's Answer to the Question, Matth. xxii.16. Whether it was lawful to pay Tribute? Observe, the Question is not, whether a Man was oblig'd to pay it, but whether it was even so much as lawful; Christ did not say it was lawful, or a Duty to pay Tribute, but in general Terms, Render to Cæsar the Things that are Cæsar's? What Things are Cæsar's? Christ did not resolve that Question. In another Text Christ said, the Children are free from Custom or Tribute. The Bishop quotes St. Paul as an Example of Subjection, Pag. 25. St. Paul would not submit once to the Magistrate, Is it lawful, says he, for you to scourge a Man that is a Roman, and uncondemn'd? Pag. 27. He comes to his Third and last Head, That it is our Duty to be subject to the present Government. Pag. 11. he expresses it, how much it is our Duty; and he proposes there to shew that from the Words of the Text, that is, the Bishop asserts, that St. Paul, near 1700 Years ago, (though no Form of Government, as he declares, was ever prescrib'd by God above another,) made it our Duty to God, for Conscience Sake, to be subject to the present Government. His Expression, How much, Pag. 11. was his Guide. He concludes with an Encomium upon his Majesty, the Royal Family, and the Blessings of the present Situation of Affairs; all shewn from the Words of the Text. I remark, that the Scheme of the Bishop's Sermon was to celebrate the present Government, and to turn his Text and Sermon to that Point; whereas his Text should have been, as he propos'd, the Fountain of his Discourse; he has made the Conclusion of the Discourse the Beginning of the Text, and has put St. Paul's Words in Subjection to his own Speculations. That of the Reverend Dr. Croxall claims our next Attention: His Text is, "Take away the Wicked from before the King, and his Throne shall be establish'd in Righteousness." The Doctor professes, p. 6. to chuse these Words, because they may not be found improper to a Scheme he had form'd before he chose his Text, to shew the Agreement of the 5th of November, which commemorates our Deliverance from Popery and Slavery, (the Doctor supposing we are deliver'd from Slavery,) with the 30th of January, appointed to implore God's Pardon for the Martyrdom of King Charles the First. This teaching us, that the Persons of Kings are inviolable; the other, that something should be done, when they are oppressive; not upon their own Persons, but Taking the Wicked from before Him. That Doctrine, of the Persons of Kings being inviolable, the Doctor finds strongly imply'd in his Text; and he adds Reasons for it, from the Dignity of their Office; declaring Kings to be Officers: From the Cares and Ills they are subject to; from the Obligation we owe them for accepting so difficult an Employment, declaring that Kings have an Employment; from the General Practice, that, in the worst of Cases, the Persons of Kings have been untouch'd. The Doctor does not suppose those Cases to be unknown, and therefore does not mention them. He proceeds, p. 10. to assure us, that among all Nations, Christians, as well as Heathen, Kings have been look'd upon as God's Vicegerents: He supposes the Heathen Instances of that Sentiment to be too familiarly known to require a Mention. He produces St. Paul, as styling Kings the Ministers of God: St. Paul speaks of the Powers that be, and of the Minister, which is, the Servant, of God, in that Chapter, not of Kings. I wou'd not be misunderstood to dislike Dr. Croxall's Sentiments, any more than Dr. Trap's hereafter, but to observe upon their Discourses with that Enquiry after Truth, which is my singular Profession. He comments on the allow'd Meaning of that Law, Honour thy Father and Mother, in this Light; a Meaning may be currently allow'd, and not just; and no Meaning of an Old Testament Text ought to be allow'd a Divine Meaning, that is, a Religious Doctrine, that is not declar'd to be that precise Meaning in some other Texts of the Old or New Testaments. For the Meanings of Interpreters are various, and disallow'd by others. Pag. 11. He quotes the Case of David at Hachilah, abhorring to stretch forth his Hand against the Lord's Anointed, Saul, appointed King by a Prophet; supposing that Case of David to be that of a Nation in regard to a King anointed by a Bishop, or a Pastor of the Church, as Dr. Croxall styles a Bishop, p. 3. It is remarkable, that the First Book of Samuel, c. 8. on the People's asking a King gives a very particular Character of one; and that Book was written by a Prophet, and is call'd The First Book of Kings. Pag. 12. He quotes the Law of Moses, Thou shalt not revile the Gods, nor curse the Ruler of thy People; it is Exod. xxii.28. But Israel had then no Kings, and the Word 'lwhym, Gods, is any Rulers, or Magistrates, or Leaders of a People. The Doctor has not shewn us here the Difference between reviling Kings, and saying, as he does, p. 5. "That they violate the Initial Compact, substitute their own Wills for the Laws, and pursue Courses opposite to the People's Interest;" for some may interpret a just Complaint of iniquitous Facts to be reviling; and they may insist, that if a Ruler of the People is not to be revil'd, then an Administration, tho' Wicked, is not to be call'd Wicked. There shou'd have been a Definition of reviling, and a Distinction on the Word, Rulers of the People: Let me supply this; To revile is to propagate false Facts instead of true Ones, with Malice prepense; or to use opprobious Language, Words conveying a Reproach, without, or beyond a real Foundation. To express what we conceive true Facts, in their exact Light, of the Rulers of a People, is not to revile them; but is the Doctrine and Practice of the Bible, especially of the Prophets, St. John the Baptist, and Christ Himself. The Doctor goes on to his second Head, "To take away the Wicked from before the King;" He speaks of the Commentators, and the Greek Version of the Septuagint, kteine asebeis, Kill the Wicked: The Doctor words it, Cut off: He omits to give the Hebrew Original 'shr wh , Remove wicked; it may be, wicked Thing, or Action, as well as wicked Man; the Word is the Singular Number, and is not confin'd to a Person; it may be, Remove Wickedness, Unrighteousness: The Chaldee Paraphrase has it 'wshd nwdttg Let Wicked be cast out: The Arabick begins this Chapter remarkably thus; In the Name of the Eternal Everlasting God: And before that, it is noted, The Proverb of Solomon are ended; his Instructions follow; very difficult to be explain'd; which the Friends of Hezekiah wrote out. So likewise the Syriac places the End of the Proverbs of Solomon before the Beginning of this Chapter: This the Doctor might have observ'd, when he spoke his Text out of the Proverbs. In the Arabick, it is the 5th Verse; the Hebrew, the Original, is Remove; the Vulgar Latin is Aufer: The Doctor might have remark'd the Original, and other Readings, and the Latitude of the Acceptation. Pag. 17. He tells us, we ought to enquire who are the Higher Powers. Before, p. 10. he had said, that Kings are the Ministers of God. P. 17. he affirms, the Higher Powers, which are the same in St. Paul, as the Ministers of God, are the Legislative Power, the King, Lords, and Commons; so that here he extends Passive Obedience to the King, Lords and Commons; and they are all according to Him inviolable, by an equal Reason, either among one another, or to the People. He has omitted to prove, that St. Paul means the King, Lords, and Commons, by the Higher Powers, or the Powers that be. He, under whom St. Paul wrote, was indeed a Tyrant, but St. Paul had no Law on his Side; for the Chistian Religion then was not legally tolerated in the Roman Empire. When St. Paul had Law, he pleaded it; witness the Instance produc'd before. The Doctor tells us, that Kings obstinately persisting in Tyranny should be civilly disabled from it: The Word Civil, from Civis, a Citizen, a Free Subject, imports, that the Cives, Citizens, Subjects, may disable him from being a Tyrant; in what manner he is to be civilly disabled, he does not express. In a Sermon on the 30th of January, an important Doctrine should be built on a fix'd Meaning of a Text, and the Discourse should flow from it. It is an Honour to the Doctor, that being the King's Chaplain, and preaching before the House of Commons, He declar'd his Judgment with so much Spirit and Fortitude, becoming an Englishman, a Divine, and a Christian. But it is to me inconsistent, that he meant, by the Wicked, the Chief of the Ministry; because he tells us, that the Legislative, of which they are a Part, being Members of the Houses of Lords and Commons, is Inviolable; so that he has left us destitute of a Clue to judge, who or what Wicked are to be removed: I do not here examine the Truth of his Doctrine, that a Legislative, or Kings, are Inviolable. The Reverend Dr. Trap, in the Dedication of his Sermon, excuses the Severity of his Expressions upon the Day, by the like in an Act of Parliament. He needed not that Excuse for being severe upon it; and they that would dislike his Expressions, would object to those of the Act, for the same Reason. Acts of Parliament may be producible for and against the same Things. His Text is extremely moving, and adapted to affect the Passions; Daughters of Jerusalem, weep not for me, but weep for your selves, and for your Children. Tho' King Charles the First acquitted the Parliament, and thereby, in his Judgment, the Nation represented by it, of the Guilt of this Fact; tho' many, that acted in Opposition to some of his Measures, protested against this Extremity; yet we know not how far in the secret Counsels of God, who maketh Inquisition for Blood, this may be imputed to the Nation; and therefore it may concern the Nation to deprecate it. I enter not here into the Question, of the Reasons for and against the Abolition of that Day; it may be an Immortal Caveat to admonish all of their Duty, from the Throne to the Cottage. Dr. Trap's Observation is very just, that the King's Concessions gave his Adversaries Power against him. Pag. 8. He speaks of the King's being his People's natural Sovereign; that is, born their King; intimating, that Nature is an additional Tye to all other Obligations: And he is a Moral Sovereign, who observes the Tyes of natural Justice, Equity, and Love, to all his Subjects. Pag. 9. He repeats the Maxim, that the Person of the King is by our Laws inviolable. The Doctor has not shewn us, how that Rule was kept at the Revolution, as to the Person of James the Second at Whitehall, the Battel of the Boyne, and other Junctures, by the Interpreters of our Laws at that Time: And we still want an Adjustment of the Point, as stated by Dr. Croxall, how far we may cut off wicked Ministers, and civilly disable a Tyrannical King, without Violence to his Person. For if that be among those Ministers, and Force be lawful for their Removal, that Force may terminate on the King's Person. Therefore he should have instructed us, how making War with the Wicked to take them away from the King, may not be taking the King away at the same Time, and a Violation of his Person. Dr. Trap owns that the King's Ministers were Accountable. All Rulers under the King are his Ministers; the Scripture speaks of the same Obedience to all Rulers, the Powers that be, without Distinction. If Passive Obedience is due to one, it is due to all; if not to all, then not to any, for the same Reason. Pag. 9. Dr. Trap remarks, that God punishes the Sins of the Fathers on their Posterity in the Scripture; he omits the main Reason of that Oeconomy in the Old Testament, which is, that God was King of the Jews, in a temporal Covenant with them and their Children; and could Disseize either by a legal Forfeiture of his Rights vested in them, on certain Defaults. They forfeited his Grants, not their own Property; for no Creature, especially in Covenant, is a Proprietor in Bar of the Creator, who is Lord Supreme. As to any other positive Stipulation of God with the Jews, exposing their Children for their Father's Sins, it does not hold out of that Nation, and that Covenant; it is not applicable to any other Country. Pag. 11. The Doctors offers a Reconcilement of the two places of Scripture, Exod. xx.5. God visits the Sins of the Fathers upon the Children; and Ezek. xviii.20. The Soul that sinneth, it shall die; the Son shall not bear the Iniquity of the Father. The Doctor reconciles this, by supposing that Ezekiel means the next Life, When the Soul that sinneth shall die; that is, be punish'd with the second Death, of eternal Misery. There is no Contradiction in those Places. Exod. xx.5. God visits the Sins of the Fathers upon the Children, to the third and fourth Generation, of those that hate him; that is, Idolators were obnoxious to be cut off with Death, to the third and fourth Generation. This was to be by God's Execution of his own Law, as he pleas'd. The Son shall not bear the Iniquity of the Father; that is explain'd, Deut. xxiv.16. of Man's Execution of God's Law, that he was not to kill the Son for the Father's Sins. Consult that Text: The Fathers shall not be put to Death for the Children, nor the Children for the Fathers: Every Man shall be put to Death for his own Sin. It is transcrib'd by Ezekiel, and means in both a human Execution, not a divine Visitation. 2. Kings xiv.6. The Children of the Murderers he slew not: According to the Law, the Fathers shall not be put to Death for the Children, nor the Children for the Fathers; Every Man shall be put to Death for his own Sin: Which is spoke of Joash killing the Servants that slew his Father, and not their Sons; proving that this of Ezekiel refers to human Executions only, as directed in Deuteronomy. Another Proof of this is 2 Chron. xxv.4. where Amaziah is said not to slay the Children of Murderers, as the Law commanded, saying The Fathers shall not die for the Children, nor the Children for the Fathers, but every Man shall die for his own Sin. The same as in Ezekiel, a human Execution. And ver. 2. of that Chapter of Ezekiel, you read of a popular Complaint, The Fathers have eaten sowre Grapes, and the Children's Teeth are set on Edge; you shall have, saith the Lord, no more Occasion for that Proverb, all Souls are mine; the Soul that sinneth, it shall die. There God repeals the Penalty in Exodus, which he threaten'd, that he would visit the third Generation: And Jerem. xxxi.30. prophesies, in the very Words of Ezekiel, that the Days shall come, when every Man shall die for his own Iniquity. Dr. Trap avers, that the only true way of reconciling these Places (which want no Reconcilement but to understand them, that Ezekiel repeals the Penalty in Exodus, as to any suppos'd divine Visitation on Posterity, and refers to human Executions only, as to a distinct Law of not killing the Sons for the Fathers Sins;) the Doctor's only true way is by explaining Ezekiel of a Future State, which is out of the Jewish Covenant, out of their Law, though known to, and believ'd by most of them. The Children's Teeth are set on Edge; did not mean that the Children dy'd in another World; but present Inconveniencies, which they complain'd they suffer'd unequally, not according to their Law, for their Fathers Sins. Whence God answers them, Are not my Ways equal, just by my Covenant, in your Law? They cou'd not complain of Inequality as to another Life, because it was never stipulated to them; it was a present Grievance which they then knew and felt, not the Apprehension of one to come. The Doctor is more just in his History than his Divinity; he well paints the miserable Consequences of the Civil Wars to this Day; P. 16. he ascribes to them the most corrupt Religion of King James II. as he speaks; the Canon-Law still retain'd in England, founded much on the spurious Isidore, is Part of that, which is two thirds of another Church, and numerous other Corruptions are producible on a Challenge. The Doctor puts some Blame on King Charles and King James II. What Prince is without it? Yet King Charles II. encourag'd Learning; Trade was not sunk in his Time, nor Taxes so burthensome. Their Faults ought not, cannot be defended. May we see no greater. And, as the Doctor quotes the Text, Let the Ministers, the Priests of the Lord, weep between the Porch and Altar, lest a Share in the Guilt of that Day should be laid to their Charge. I will not now dwell upon what Salmasius, a Great Master of Critical Learning in France, has written in Defence of the King in the Civil Wars; or of what Milton has reply'd to him; that may be the Matter of another Lecture: It was said, that Salmasius dy'd of secret Uneasiness at the Answer of Milton. The Reverend Mr. Milbourn, has been distinguish'd for his Zeal, and repeated Discourses on this Subject; and particularly for his Preface against the Reverend Mr. T. Bradbury; who retorted upon him, Fenwick, Friend, Parkins, Charnock, Rookwood, Ashton, and others, declaring a Design to murder King William, as agreeable to Conscience, and the Doctrine of the Church of England; and that in the Case of King Charles, no Proof could be given, when the King would not plead. I wou'd remark on that, that a King pleading is not in the Laws of England. The Word Pleas, is from Placita, the King's Sentences or Pleasure; which is against his Pleading. I will conclude at present with a Method of Judging all Sermons on the 30th of January. The first Step is to resolve on forming an entire View of the Occasion. He that is imperfectly acquainted with the History and Foundation of the Original Controversy, which produc'd the Civil Wars, and ended in this fatal and deplorable Event, must have an imperfect Notion of the Discourses preach'd on the Anniversary: If on either Side, for or against it, he is determin'd to judge according to his Passions, and Prejudices, taken for granted, he cannot understand a Sermon on the Subject. For this Purpose, he is to consult all the Lights of Historians possible, neglecting none of either Party; weighing their Authentickness, their Honesty, their Knowledge of Persons and Incidents, and building, not upon their Opinions, Characters, Representations, and Reflexions, as theirs, but as Facts vouch'd by them; comparing them with one another, and passing a very slow, deliberate Sentence on the whole Comparison. When he had laid this Bottom, a Hearer is to consider, on the 30th of January, what is the Audience, what is the known Byass of the Major Part, what they desire, wish, or expect, shall be preach'd, and guard his Judgment on that Quarter: Who is the Preacher, what his Abilities, Study, and Party; what is the Interest weav'd into the Argument; hear nothing implicitly, for or against the Day, and attend closely to the Application of it. Then when the Text is nam'd, let him reflect, how proper it is to that Point; whether it be explain'd at all, or justly; whether the Doctrine arises from it; whether the Heads be regular, branching of themselves in order from the Propositions of the Text, and one another, or made to issue from it; whether the Proofs be alledg'd for Assertions, from Facts, Witnesses, and Scripture, and taking the Scheme and Tenor of the Discourse, the most probable View and Inclination of the Preacher and the Audience, with the Reasons and Consequences of them, impartially deduc'd; and the Share of the present Times in the Affair. By this Method he will be able to judge clearly the Merits of such Discourses, and separate the Truth from other Mixtures: And as to the pious Turn he is to give to it, he is to make the Scripture his Test; the Word of God, in the midst of the seven Lamps, his Guide; proportion his Submission to the higher Powers, to their Exercise of their own Duty; enquire how far different Persons intend the same Thing, in several Methods and Circumstances; in the Changes of earthly Kingdoms, look at that Inheritance which fadeth not away; and adore that immortal Potentate, Jesus Christ, who has the Sovereign Right to the Heart, and whose Sceptre is a Sceptre of Righteousness. I cannot take Leave of this Consideration, without doing Justice to the Virtues of the three Preachers above-mention'd: The Loyalty of the Bishop to his Prince; the Zeal and Vivacity of Dr. Trap; the Publick Spirit of Dr. Croxall. Let us apply the whole to the Culture and Improvement of all worthy Qualities, which we esteem in others; the Discernment and Cure of our own Defects; our mutual Edification and Good-will, as FellowChristians; and modelling this, and all Articles of Thought and Conduct, to our ultimate End, the Salvation of the neverdying Soul, and the Glory of the Eternal King; To whom be all Obedience, Love and Praise, through endless Ages.

Religion

Light in a candlestick, to all that are in the House: Or, the impartial churchman [...]